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pushbrk

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pushbrk last won the day on December 6

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  • Gender
    Male
  • City
    Dumaguete

Immigration Info

  • Immigration Status
    Other
  • Place benefits filed at
    California Service Center
  • Local Office
    Spokane WA
  • Country
    China
  • Our Story
    The marriage associated with immigration ended after 12 years.

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  1. I wasn't correcting you. Just explaining further why you were right. Additionally, some divorce decrees mention the spouse will go back to her maiden name. In that case, no need for the female petitioner's prior marriage certificate either.
  2. If you are DQ, just ignore any mention of a police certificate that is clearly not required due to the stay being less than six months.
  3. This petitioner is male, but a female petitioner would need to provide previous marriage certificates in any case where that's the only documentation of name change. A male petitioner who has never changed their name based on marriage, does not need to submit prior marriage certificates, just the divorce decree(s) or death certificate(s) This is one of many cases where instructions apply only when the context indicates it. Unfortunately, there are many misunderstandings due to the context not being made clear in the instructions. Example: Petitioner with the birth name Mary Jones, married Mr. Smith, divorced him and married Mr. Harris. Assuming the applicable name change, there is no way to document that Mrs. Harris the Mary Jones on the birth certificate is the Mary Smith on the divorced decree without documenting the name change from Jones to Smith. The best way to do that in these cases is to track the name changes by submitting the prior marriage certificate to Mr. Smith.
  4. Because you didn't apply for anything at all. You filed a petition for alien relative on behalf of your spouse. The I-130 puts you on the CR1 or IR1 visa path. A second/separate I-129F opens a path to a K3 visa for maybe a day, before it is administratively closed in favor of the already filed I-130. Being new should quickly be overcome by you studying the guide (top of any page here) and the actual form instructions.
  5. A careful reading indicates this applies to benefit requests to USCIS. We'll have to see, but in my understanding the I-130 has already been approved, and is not a "benefit request" anyway. This case is now in the hands of the Dept. of State, specifically the Immigrant Visa Unit in London. I would be quite surprised if it has any impact in this case. If it's CR1 instead of IR1, this memo could impact removing conditions.
  6. What's giving you the impression your birth country would matter in this context? Is it just a fear, or is there some basis for it. I'm not aware of a reason for concern.
  7. If you filed an I-130 you are on the path to CR1 or IR1 visa. For all practical purposes the K3 visa died 15 years ago.
  8. Referring to what I bolded above, there are no such questions on the I-130, but yes somebody will be curious and you may be called on to explain at some point.
  9. Your address change has no impact on your actual timeline. Ignore the change in the timeline. You will still need to deal with the change of country once the petition is approved. NVC will assign it according to the original I-130 and it will take a few weeks for you to provide the necessary information to get it changed to NZ.
  10. Not if explained as I said above. It will slow it down for as long as it takes to read a sentence.
  11. No, that's not a problem. On the I-130, you are asked if you filed a petition before and the result. Answer yes and then explain I-129F approved, entered, married and filed to adjust status. Had to leave for emergency before receiving Advance Parole.
  12. Replying to myself to add the exact language from the current field manual regarding proxy marriages. The laws of the place of celebration govern the validity of the marriage.[65] Each jurisdiction’s civil authorities set their own requirements for authorizing a marriage, including any requirements regarding the location of the parties and the officiant. A virtual marriage is valid for immigration purposes if it is valid in the state or country that issued the marriage certificate, and it does not violate the public policy of the United States or a state where the petitioner resides, or where the couple will reside. For the marriage to be valid for immigration purposes, the parties also must consummate the marriage after the ceremony if the parties were not physically together for the ceremony.[66]
  13. Context is king here. The case from Reddit was two months ago. Not sure of the actual date, but the filing date was certainly prior to the date of the new memo linked in your post. Here's a quote from an RFE sent October 22, 2025 (after the date of the linked memo) that describes what is needed at this time. Of course this petition was filed months prior. The couple was together but failed to provide evidence. The RFE response will include the required/requested evidence. 1. PROXY MARRIAGE Based on the evidence submitted, it appears that the marriage between Noah Marriott and (names deleted) was virtual. Furthermore, it appears that the married parties were not physically together in the same location for the wedding ceremony. For a virtual marriage where both parties are not physically together at the time of marriage to be recognized for immigration purposes, the marriage must be valid in the jurisdiction which issued the marriage certificate and consummated after the marriage ceremony, but before filing the Form I-130 petition.
  14. I've seen no evidence of this. What I HAVE seen is RFEs because the necessary evidence of consummation was not included with the petition. To the OP, in your situation, you must submit clear "primary evidence" that the two of you were together in the same place for the proxy ceremony....OR....that you were together in the same place between the date of the ceremony and the date the petition was filed. I've seen this be successful many times, either way. Primary evidence would be passport stamps and/or boarding passes showing you were both in country on a certain date. (date of ceremony or later date as indicated above) Photos are secondary evidence. Include that too, along with similar evidence of previous time spent together in person.
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