Mark T

Can I marry a Brazilian citizen in the US (by proxy in Texas or Montana) and
return to Brazil to consumate the marriage and then pursue a CR-1 visa via
DCF in Brazil without my fiance ever having been in the US?

rayfred221

"Mark T" <[email protected]> wrote in message news:<[email protected]>.. .
    > Can I marry a Brazilian citizen in the US (by proxy in Texas or Montana) and
    > return to Brazil to consumate the marriage and then pursue a CR-1 visa via
    > DCF in Brazil without my fiance ever having been in the US?


No you cannot.
USCIS requires that both parties must be physically present at the wedding.

Mrraveltay

[email protected] wrote:
    > "Mark T" <[email protected]> wrote in message news:<[email protected]>.. .
    >
    >>Can I marry a Brazilian citizen in the US (by proxy in Texas or Montana) and
    >>return to Brazil to consumate the marriage and then pursue a CR-1 visa via
    >>DCF in Brazil without my fiance ever having been in the US?
    >
    >
    >
    > No you cannot.
    > USCIS requires that both parties must be physically present at the wedding.

Then can you explain the part of immigration law that says if both
parties are not at the wedding, then the marriage must be consumated?

Mark T

I have been hearing the wording to the effect that it has to be "legal in
the locale in which the marriage took place" and it needs to be "consumated"
No where have I seen or been told about "both parties need to be present".

Where can I find, in writing, that this is a USCIS requirement? How are
they going to know if you have a marriage certificate from Texas or Montana
that says you are married? I would not expect those certificates to state
that explicitely. Am I incorrect in my assumption?

Mark

"mrraveltay" <[email protected]> wrote in message
news:[email protected]...
    > [email protected] wrote:
    > > "Mark T" <[email protected]> wrote in message
news:<[email protected]>.. .
    > >
    > >>Can I marry a Brazilian citizen in the US (by proxy in Texas or Montana)
and
    > >>return to Brazil to consumate the marriage and then pursue a CR-1 visa
via
    > >>DCF in Brazil without my fiance ever having been in the US?
    > >
    > >
    > >
    > > No you cannot.
    > > USCIS requires that both parties must be physically present at the
wedding.
    > Then can you explain the part of immigration law that says if both
    > parties are not at the wedding, then the marriage must be consumated?

Mrraveltay

Mark T wrote:
    > I have been hearing the wording to the effect that it has to be "legal in
    > the locale in which the marriage took place" and it needs to be "consumated"
    > No where have I seen or been told about "both parties need to be present".

If both parties are present, it doesn't need to be consumated.
This was brought up in the thread from yesterday called "proxy marriage\
consummation question?"

    >
    > Where can I find, in writing, that this is a USCIS requirement?

It is the law, and also indicated in the I-130 instructions.

http://uscis.gov/graphics/formsfee/f...iles/i-130.pdf
Question 3 "For Whom May You Not File?"
Item D "A husband or wife, if you were not both physically present at
the marriage ceremoney, and the marriage was not consumamted"

How are
    > they going to know if you have a marriage certificate from Texas or Montana
    > that says you are married? I would not expect those certificates to state
    > that explicitely. Am I incorrect in my assumption?

I was under the impression that marriage certificates from proxy
marriages did state this information. In any case, it doesn't matter
what the certificate says, you have to tell USCIS and the consulate the
truth.