C&G

I did a lot of research through the ng and Iwant to be sure that I got
everything right:

- Is is true that I can file an I-130 at VSC for the purpose of a K3(by
sending a I-129F later) if my marriage is a proxy marriage (in Texas) if I
can proof that the marriage was consummated?

If true, then what kind of proofs can I send to the VSC? Will Airplane
tickets and shared hotel rooms be enough to show that consummation actually
took place? Is there any other proof? Pregnancy tests?

Thanks in advance, any help is really appreciated.

Note to group: I tried to be more specific and loose the nouns in this post,
as a small defense if you read the posts through a newsreader like Outlook
Express (like I do) you can see the reply posts in a more "tree-like"
fashion and hence the use of "this" and "that" becomes more obvious as it
follows the original post. But this is not an excuse for writing ambiguosly
and I will try to correct it in the future posts.

Chris




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Mrraveltay

C&G wrote:

    > I did a lot of research through the ng and Iwant to be sure that I got
    > everything right:
    >
    > - Is is true that I can file an I-130 at VSC for the purpose of a K3(by
    > sending a I-129F later) if my marriage is a proxy marriage (in Texas) if I
    > can proof that the marriage was consummated?
    >
    > If true, then what kind of proofs can I send to the VSC? Will Airplane
    > tickets and shared hotel rooms be enough to show that consummation actually
    > took place? Is there any other proof? Pregnancy tests?

I would advise contacting an immigration attorney, as I doubt anyone
reading this has had this experience. I suspect the I-130 will be
approved easily, since you will be providing a marriage certificate.
The visa application, handled by the consulate, would depend on what
evidence they require. You should contact the consulate and ask them.


************************************************** *****************
According to the law
INA Act 101, Sec. 101. [8 U.S.C. 1101] (a) (35) states:

"The term "spouse", "wife", or "husband" does not include a spouse, wife, or
husband by reason of any marriage ceremony where the contracting parties
thereto are not physically present in the presence of each other, unless the
marriage shall have been consummated. "
************************************************** ****************

Folinskyinla

Chris:

The proxy marriage question has TWO components to it. First, you have to establish that law of the place of "celebration" allows for a proxy marriage. I don't know about Texas, but I know that California doesn't really allow it [I have one where the couple was in the same building, but not in the same room -- prison regulations didn't allow for it -- but the minister was able to visit his parishioner in the jail -- did half the ceremony, went out into the waiting area where the fiance was and did the other half of the ceremony, and then went back in to tell the new husband that he was married].

Second requirement is to prove consumation. The evidence you give is fine. However, the last time I did this, the consul required the following declaration from each spouse.

"I, Jane Doe, declare as follows:

I have engaged in sexual intercourse with John Doe after [date of wedding]. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Signed on [date]." The signature must follow the statement. No notarization needed.

jeffreyhy

Chris,

Wow, I guess I really shook you up with my response to a previous post?

Actually, reading your 'this and that' post on BritishExpats my post, to which you were resonding, was included with your response. I wrote the post, it was quoted right there in your response, and I still couldn't figure out what you were referring to!

Anyway, I don't mean to be beating you up a 2nd time. Thank you for taking my criticism constructively, as i intended it.

Best regards, JEff

jeffreyhy

Chris,

An alternative to a pregnancy test might be the used condom?

On a serious note, another requirement for filing an I-130 at VSC is that you live in a state served by the VSC...

Regards, JEff

Rete

Got me but pre-marital sex does not in my opinion mean the marriage was consummated simply because one was not married at the time of sexual intercourse. Unless, of course, you are talking about a proxy marriage and a meeting after the fact with sexual consummation taking place at that time. My next question would be if the second scenario was the case, why didn't you have a second wedding, even a blessing ceremony, and have it affidavited by the officiant to include with your petition? Also pregnancy does not mean the marriage was consummated. It only means that the mother-to-be is no longer a virgin (unless it is the second coming) and has had sexual relations with someone of the opposite sex or been artifically inseminated.

Rete

Folinskyinla

Hi:

This can get tricky and the terms are not all that well defined. For example, in Japan & Korea, the legal "celebration" of the marriage is the reporting to the local clerk! So it is quite common for devout religous couples in Korea to get "married" in church, go on their honeymoon and do what couples do on their honeymoon and record it when they get back. Hell, a lot of couple don't get around to reporting it until the first kid is born and make two reports at once.

There is case law from the 50's where American servicemen shipping out for home would marry their local girlfriends the night before -- and girlfriend would register it the next day. This was held to be OK.