Sghilaire2990000

Hi,

We we’re supposed to get married 30th March. But because the US borders are still closed we were looking at other ways to get married so I can go and see him I’m a UKC.

we read about Utah proxy marriages and it looked good however my concern is later on down the line, when he applies for the CR-1/CR-2 for us, would this create issues?

i understand that the marriage has to be consummated we would have proof of this by way of flight tickets back and forth between to two of us which isn’t a problem we would have gone back end forth a few times as we are currently planning our wedding ceremony (hence why I really need to go there).

my question is, do proxy marriages raise concerns or create issues when applying for the MBV?

Rete

What is the point of going through a proxy marriage? Your husband won't be able to apply for your spousal visa (LR/CPR-1 visa) until the marriage is consummated, so why do it this way?

Go to one of the Caribbean Islands where you both can visit now and tie the knot in a glorious setting and where you can honeymoon for at least a few days.

scrubbedexpat099

I have seen this suggested before but not come across anybody who has done it.

Proxy marriage to avoid quarantine, spouse of USC gets a pass.

Travel, meet = consummate and then file.

Do not know why it would not work.

Rete

If you can travel, then why do you need a proxy marriage. If you are traveling after covid restrictions are lifted, get married at that time as a proxy marriage is meaningless for filing for a spousal benefit until consummation. So why get married unless you just want to bear the title of Spouse or Mrs. Seem silly to me.

S Folinsky

I remember the one case I handled using this provision. (Note that this was before the 1996 amendments to the immigration laws.) Korean client living in the US was beneficiary of a visa petition as an unmarried son of Green Card parents. His girlfriend gets pregnant. So, they have a big church wedding but no marriage license. Although married in the eyes of G-d, they remain unmarried in the eyes of State of California.

By and by, he returns to Korea to obtain his immigrant visa and then returns to the US. While in Korea, he provides his uncle with the Korean marriage contract with instructions to not formally report the marriage for the Family Census Register until after he returns to US and admitted as permanent resident. Under Korean law, the recording of the marriage is the legal celebration of he marriage. I-130 filed and approved.

Thereafter, wife becomes pregnant with second child and returns to Korea to have the second child.

At time of immigrant visa, SEO spots the dates, denies the visa and starts the procedures to return the petition for revocation. Due the modern miracles of facsimile and telephone communication, I intervene. We take the position that marriage was “celebrated” in Korea. Plus, consul and wife were in Korea so it was appropriate to follow Korean law. We argued that marriage was a double proxy marriage.

IV Chief in SEO buys the argument but says we need proof of consumption. I say “what about second kid?” Consul says he needs more. What about a statement under penalty of perjury by wife that they had relations after marriage? Consul said he would accept that.

Would you believe that wife was embarrassed to have to formally state that she had engaged in sex with her husband? But signed on and she and second child got their visas.

That was a fun case.

scrubbedexpat099

We do not know when Covid restrictions will be lifted.

SanDiegogirl

In your earlier posts you were getting married in October 2022. Why the rush to bring it forward to March 2021 while Covid is still around and travel restrictions are in place.
Wait until travel restrictions ease up......

Rete

Here are open Caribbean Islands for US and UK Citizens.

Rete

Check this site for travel in the Caribbean

https://www.travelweekly.com/Caribbe...-of-reopenings

Sghilaire2990000

The reason why we are looking into proxy marriage is because we know the MBV is going to take awhile and by our wedding in October 2022, we were hoping that the visa would have been approved and that I’d be able to move or even if it was approved before then I could move to the US before then.


if it wasn’t for covid and the delays it has caused we wouldn’t have thought about this.
I didn’t think of going to the Caribbean. Thanks, I will look into it

Sghilaire2990000

To be clear our wedding is in October 2022 however we were always going to get married in 2021 as we want to file this year so I can move to be with him and start our life next year, hopefully before our wedding.

We understand there will be delays due to covid and we’re also conscious of the fact that the sooner we get married the sooner we can file.

Sghilaire2990000

I cannot travel now, if I could then we would have been getting married as planned on 30th March. if we were to do the proxy marriage I would then be able to travel regardless of the restrictions.

It is because we cannot travel why we’re exploring other options as we want to file for the MBV all being well I have seen that it can take 11 months plus to gain approval.

However in the meantime I can then travel to him and continue activities required for our wedding (note: wedding and marriage are very different for us, we are religious so we were always going to legally marry then have a religious ceremony, i.e wedding after).

scrubbedexpat099

What is a MBV?

scrubbedexpat099

Marriage Based Visa

I have not seen one take 11 months for a very long time, they were over a year pre Covid, maybe nearer 2 years now due to backlog.

On the plus side you are probably looking at a IR 1 and no need to remove conditions.

_Clueless$y$t€m_

I read it as Marriage Based Visa but i could be wrong..