biggish data

I say that language is unnecessary and can only muddle and confuse USCIS. We all know that to use a K-1, the couple can not be legally married and that marriage must be performed in the US. And we all know the ceremonies and other may be performed prior to entry to the US. This language, IMO, serves no useful purpose and can only lead to possible RFEs or at worst a denial (and loss of fee).

If the USCIS wants this language, they will ask for it.

K-1 is also used for Unconsummated proxy weddings. Read the information from the government manual information. Few people do proxy weddings, but they are legal. You do the proxy wedding and you are legally married, but without being consummated the USCIS by law must treat you as unmarried. However you are married for all other legal issues. The language is how to keep USCIS from becoming very confused. If you are not having an unconsummated proxy wedding, do not worry with the post.

My wife came to the USA on a K1. I have been through the process.

Edited by hobbitofohio, 16 December 2013 - 02:24 PM.

hobbitofohio

Male

Russia

2013-12-16 14:23:00

__The K-1 forms and information on the site do not cover the unconsummated proxy wedding. I suggest the following information be added.
=================================================
The cover letter for the I-129f should add the following:

I have entered into a proxy marriage which has not yet been consummated. For this reason, pursuant to USCIS requirements, I am applying for a K-1 visa, and not a K-3 visa. Thank you for your attention to this item.

====================================================================
Used in place of Statement of intent to marry with the K-1.

Statement of My Intent to Consummate Proxy Marriage

I, _______________________________________________, hereby affirm my intent to consummate my proxy marriage to _______________________________________________, my spouse, solemnized on_____________________.

I intend to consummate our marriage within 90 days of the admission, to the United States of America, of myself/my spouse, specifically named here: _______________________________________________.

My Address is:

My Telephone Number is:

Signed this _______ day of ______________________, 20_________

X____________________________________________________

==================================================================================
Cover note for Embassy forms and support documents

Note Regarding Proxy Marriage

PLEASE NOTE:

I, the applicant, have entered into a proxy marriage which has not yet been consummated. For this reason, pursuant to USCIS requirements, I am applying for a K-1 visa, and not a K-3 visa.

Thank you for your attention to this item.

Sincerely,

X_______________________________________

===================================================================================================

Print on page and place with the above pages:

9 FAM 40.1 N1.3-1 Consummated
(CT:VISA-1000; 09-03-2008)
For the purpose of issuing an immigrant visa (IV) to a ?spouse?, a proxy
marriage that has been subsequently consummated is deemed to have been
valid as of the date of the proxy ceremony. Proxy marriages consummated
prior to the proxy ceremony cannot serves as a basis for the valid marriage
for immigration purposes.
9 FAM 40.1 N1.3-2 Unconsummated
(CT:VISA-1165; 03-06-2009)
A proxy marriage, that has not been subsequently consummated, does not
create or confer the status of ?spouse? for immigration purposes pursuant to
INA 101(a)(35). A party to an unconsummated proxy marriage may be
processed as a nonimmigrant fiancé(e). A proxy marriage celebrated in a
jurisdiction recognizing such marriage is generally considered to be valid,
thus, an actual marriage in the United States is not necessary if such alien is
admitted to the United States under INA provisions other than as a spouse.
(See 9 FAM 41.81 N1.1.)
http://www.state. gov/documents/organization/86920.pdf
9 FAM 41.31 N14.2 Proxy Marriage
(CT:VISA-701; 02-15-2005)
A spouse married by proxy to an alien in the United States in a
nonimmigrant status may be issued a visitor visa in order to join the spouse
already in the United States. Upon arrival in the United States, the joining
spouse must apply to the DHS for permission to change to the appropriate
derivative nonimmigrant status after consummation of the marriage.

http://www.state. gov/documents/organization/87206.pdf

hobbitofohio

Male

Russia

2013-12-16 05:14:00

Update: I checked the current state department manual pdf. The links and the passages listed above are still current. I refer to:

9 FAM 40.1 N1.3-1 Consummated
(CT:VISA-1000; 09-03-2008)
For the purpose of issuing an immigrant visa (IV) to a ?spouse?, a proxy
marriage that has been subsequently consummated is deemed to have been
valid as of the date of the proxy ceremony. Proxy marriages consummated
prior to the proxy ceremony cannot serves as a basis for the valid marriage
for immigration purposes.
9 FAM 40.1 N1.3-2 Unconsummated
(CT:VISA-1165; 03-06-2009)
A proxy marriage, that has not been subsequently consummated, does not
create or confer the status of ?spouse? for immigration purposes pursuant to
INA 101(a)(35). A party to an unconsummated proxy marriage may be
processed as a nonimmigrant fiancé(e). A proxy marriage celebrated in a
jurisdiction recognizing such marriage is generally considered to be valid,
thus, an actual marriage in the United States is not necessary if such alien is
admitted to the United States under INA provisions other than as a spouse.
(See 9 FAM 41.81 N1.1.)
http://www.state.gov...ation/86920.pdf

9 FAM 41.31 N14.2 Proxy Marriage
(CT:VISA-701; 02-15-2005)
A spouse married by proxy to an alien in the United States in a
nonimmigrant status may be issued a visitor visa in order to join the spouse
already in the United States. Upon arrival in the United States, the joining
spouse must apply to the DHS for permission to change to the appropriate
derivative nonimmigrant status after consummation of the marriage.

http://www.state.gov...ation/87206.pdf

Edited by hobbitofohio, 16 December 2013 - 05:01 AM.

hobbitofohio

Male

Russia

2013-12-16 05:00:00

We had two meetings before the wedding. She came to the USA within two years of the second meeting. We did not meet agian until her arrival in the USA. So the wedding was not consummated until she was in the USA.

Yes the Texas proxy wedding is valid in the USA and is accepted by the Russian Federation.

She came on the K1 visa.

hobbitofohio

Male

Russia

2011-06-28 07:15:00

You will also need to bring the details to the adjustment of status interview. Save every paper from the wedding and bring to the interview. The Columbus Oh office did not believe a Texas wedding was even legal if done as a proxy. They also needed to be given a copy of the U.S. Department of State Foreign Affairs Manual Volume 9 information of the proxy weddings with link to offical government website.

hobbitofohio

Male

Russia

2011-06-28 04:53:00

Provide stronger references to the places where the rules forbid applying for a CR1 or K3 if the marriage is unconsummated. This is a tough sell and you need to show you know what you are referring to. Include those rules in the package if you can

Here is a start on what you ask...

U.S. Department of State Foreign Affairs Manual Volume 9 - Visas states:

9 FAM 40.1 N1.3 Proxy Marriage
9 FAM 40.1 N1.3-1 Consummated
(CT:VISA-1000; 09-03-2008)
For the purpose of issuing an immigrant visa (IV) to a “spouse”, a proxy
marriage that has been subsequently consummated is deemed to have been
valid as of the date of the proxy ceremony. Proxy marriages consummated
prior to the proxy ceremony cannot serves as a basis for the valid marriage
for immigration purposes.
9 FAM 40.1 N1.3-2 Unconsummated
(CT:VISA-1165; 03-06-2009)
A proxy marriage, that has not been subsequently consummated, does not
create or confer the status of “spouse” for immigration purposes pursuant to
INA 101(a)(35). A party to an unconsummated proxy marriage may be
processed as a nonimmigrant fiancé(e). A proxy marriage celebrated in a
jurisdiction recognizing such marriage is generally considered to be valid,
thus, an actual marriage in the United States is not necessary if such alien is
admitted to the United States under INA provisions other than as a spouse.
(See 9 FAM 41.81 N1.1.)
http://www.state.gov...ation/86920.pdf

9 FAM 41.31 N14.2 Proxy Marriage
(CT:VISA-701; 02-15-2005)
A spouse married by proxy to an alien in the United States in a
nonimmigrant status may be issued a visitor visa in order to join the spouse
already in the United States. Upon arrival in the United States, the joining
spouse must apply to the DHS for permission to change to the appropriate
derivative nonimmigrant status after consummation of the marriage.

http://www.state.gov...ation/87206.pdf

If the proxy marriage (unconsummated) does not confered by Immigration the status of spouse, then you can not apply for a K-2/CR-1. The immigrating spouse need be processed as a nonimmigrant fiancee (K-1). The couple are legally married at the time of the proxy wedding. They need to comsummate the marriage within 90 days after POE. If marriage is consummated before POE, cr1/k-3 is used because status of spouse is confered.

Edited by hobbitofohio, 21 August 2010 - 02:13 PM.

hobbitofohio

Male

Russia

2010-08-21 14:08:00

I forgot to add this DS156k

Form-DS-156K sample for proxy wedding k1.pdf 216.03KB 6 downloads

The K-1 forms and information on the site do not cover the unconsummated proxy wedding. I suggest the following information be added.
=================================================
The cover letter for the I-129f should add the following:

I have entered into a proxy marriage which has not yet been consummated. For this reason, pursuant to USCIS requirements, I am applying for a K-1 visa, and not a K-3 visa. Thank you for your attention to this item.

====================================================================
Used in place of Statement of intent to marry with the K-1.

Statement of My Intent to Consummate Proxy Marriage

I, _______________________________________________, hereby affirm my intent to consummate my proxy marriage to _______________________________________________, my spouse, solemnized on_____________________.

I intend to consummate our marriage within 90 days of the admission, to the United States of America, of myself/my spouse, specifically named here: _______________________________________________.

My Address is:

My Telephone Number is:

Signed this _______ day of ______________________, 20_________

X____________________________________________________

==================================================================================
Cover note for Embassy forms and support documents

Note Regarding Proxy Marriage

PLEASE NOTE:

I, the applicant, have entered into a proxy marriage which has not yet been consummated. For this reason, pursuant to USCIS requirements, I am applying for a K-1 visa, and not a K-3 visa.

Thank you for your attention to this item.

Sincerely,

X_______________________________________

hobbitofohio

Male

Russia

2010-08-20 22:19:00

The K-1 forms and information on the site do not cover the unconsummated proxy wedding. I suggest the following information be added.
=================================================
The cover letter for the I-129f should add the following:

I have entered into a proxy marriage which has not yet been consummated. For this reason, pursuant to USCIS requirements, I am applying for a K-1 visa, and not a K-3 visa. Thank you for your attention to this item.

====================================================================
Used in place of Statement of intent to marry with the K-1.

Statement of My Intent to Consummate Proxy Marriage

I, _______________________________________________, hereby affirm my intent to consummate my proxy marriage to _______________________________________________, my spouse, solemnized on_____________________.

I intend to consummate our marriage within 90 days of the admission, to the United States of America, of myself/my spouse, specifically named here: _______________________________________________.

My Address is:

My Telephone Number is:

Signed this _______ day of ______________________, 20_________

X____________________________________________________

==================================================================================
Cover note for Embassy forms and support documents

Note Regarding Proxy Marriage

PLEASE NOTE:

I, the applicant, have entered into a proxy marriage which has not yet been consummated. For this reason, pursuant to USCIS requirements, I am applying for a K-1 visa, and not a K-3 visa.

Thank you for your attention to this item.

Sincerely,

X_______________________________________

hobbitofohio

Male

Russia

2010-08-20 22:11:00

children

thanks reese1

escape81

Male

Dominican Republic

2012-11-13 00:58:00

children

Sent my K1 in and was accepted at USCIS on Oct. 17. have done quite a bit of research on the web but i do have a question. My fiance is in the Dominican Republic and she has a child 3 years old the father has never been in the child's life but the fathers name is on the birth certificate. My question is what would be the best way to go about handling this situation. To have a consent form drawn up but she doesn't have any idea where the father is or couldn't she just have a judge deem the child abandoned. Any help would be very much appreciated.

escape81

Male

Dominican Republic

2012-11-12 11:14:00

K1 being filed soon

wishing you luck

escape81

Male

Dominican Republic

2012-12-10 00:16:00

parental consent paper

thanx

escape81

Male

Dominican Republic

2013-01-05 17:09:00

parental consent paper

the parental consent paper for the child to leave the country is it needed for interview or the POE or both.

escape81

Male

Dominican Republic

2013-01-05 14:45:00

Getting Close YAY

ok thanks much reese. please keep me informed on what goes on. this site helps so much to kinda get a heads up. :dance:

Edited by escape81, 17 January 2013 - 07:33 PM.

escape81

Male

Dominican Republic

2013-01-17 19:32:00

Getting Close YAY

do the police cert and birth cert. need to be in english. sorry to be jumping in your thread.

escape81

Male

Dominican Republic

2013-01-17 18:35:00

Getting Close YAY

Hello everyone, I am so excited. Our interview is in less than a week Jan. 23. My fiance just went and had his medical done, we have police cert., all forms printed and signed, pictures, passport, etc. I have one question about the birth certificate in the DR. Once you get the extracto de acta de nacimiento from the JCE does it expire? My fiance got his a few years ago and he is sure it expired. I know normally birth cert. don't expire but this is the DR. I guess I am just getting a little nervous now and quadruple checking everything. I don't want to have any delays that were on my part.

wishing you luck. :thumbs:

escape81

Male

Dominican Republic

2013-01-17 12:22:00

NOA 2 Approved K1-Fiancee

good luck hoping to be right behind you soon. please keep us informed how it goes all help much appreciated. :dance:

escape81

Male

Dominican Republic

2013-03-19 13:01:00

Bringing Children to the US

If the California service center keeps up the way it's been, it's possible the daughter will be turn 22 before the NOA2 is issued, making it very hard to bring her to the US.

escape81

Male

Dominican Republic

2013-04-05 16:26:00

Wish you all good luck!

hello

escape81

Male

Dominican Republic

2013-04-20 19:10:00

bringing children

hey thanks very much Claudia told me about that today so shes on it.

escape81

Male

Dominican Republic

2013-06-20 11:55:00

bringing children

ok we were approved for a k1 and k2 visa for her and her son. The fathers last name is on the birth cert. do we need custodial rights and permission to travel or is permission to travel enough to bring her son to the U.S

escape81

Male

Dominican Republic

2013-06-19 23:21:00

Visiting Cuba for Interview

Right, there isn't an official embassy but there is an Office of American Interests run by the Swiss embassy. I'll keep investigating.... Thanks, anyway!!

was reading some of there timelines and thats what most are saying went to swiss embassy.

http://www.visajourn...e.php?id=104004

Edited by escape81, 17 January 2013 - 08:00 PM.

escape81

Male

Dominican Republic

2013-01-17 19:57:00

Visiting Cuba for Interview

just went and looked for you and no cuba so wasn't much help.there have been people on here dealing with cuba. sorrrrrrrrrrry

http://havana.usint.gov/ try this

hahahahaha found them here are the cuba members http://www.visajourn...hp?country=Cuba
hope that helps you

Edited by escape81, 17 January 2013 - 07:52 PM.

escape81

Male

Dominican Republic

2013-01-17 19:42:00

Visiting Cuba for Interview

....Anyone? Please?

if you click on embassy info you can look up cuban embassy and i think it should have members on there then you can click on members and look to the left and click on timeline its in the members profile if they have been to the interview it will have a review more than likely which has been very helpful. :thumbs:

welcome to the site by the way :bonk:

escape81

Male

Dominican Republic

2013-01-17 19:38:00

There is a remote possibility you could use it is both of the following occurred. You were not married when the petition was back at the Embassy, You had properly filed change of address within 10 days of each move either you or your now hisband did from from original filing. If you married prior to the return the petition was non approval before it's return and if you failed to keep your address up to date then the notice was probably sent and returned as undeliverable thus ending their resposibility. However because the new petition is a different type they will probably not expediate it anyway.

Thank you so much!

THETIMEISNOW

Female

Senegal

2012-12-21 15:16:00

Usually any petition that has had no activity in a year is closed , K1 petitions have a validity of 4 months after approval ( or reapproval) so you either missed one window or the other it seems. But if you married in the mean time you wouldn't have been able to use the petition , they would have denied you at the interview when the marriage came up.

So, are you telling me that the visa was approved at one point but the consulate did not properly inform us? If that is the case, then could I use the fact that I was not informed of the expired petition to help expedite my I-130 petition process?

THETIMEISNOW

Female

Senegal

2012-12-18 14:29:00

I think you'll need to resubmit for an I-130 petition. The fiance visa is an I-129F. So it wouldn't be feasible now anyways. You should look into applying for the I-130. They are being approved quickly through NBC right now. Perhaps that's a consolation. Sorry to hear you're going through this. Did you update your address with them since you moved? Why did you never submit a service request?

Thanks bsd058! I am currently back in the States and I did update my address. I am in the process of submitting an I-130 petition. I've never heard of a service request. What is it and how do I go about doing it?

THETIMEISNOW

Female

Senegal

2012-12-18 14:21:00

I petioned for my then fiance, now husband to to come to the States in November 2006. When I moved to Senegal to be with him in 2009, I was told that the application was reapproved for processing. I never received any information/letters from them since. I called last week to find out the status of the petition and I was told that it "expired". When I questioned it, I was told that they had no other information and to call Department of State. I called Department of State and was told to call USCIS. I called USCIS and was told to call NVC. No one can give me any other information besides it being "expired". Can someone please help me to understand what is going on? Also, please offer any advice. Thank you.

THETIMEISNOW

Female

Senegal

2012-12-18 11:10:00

The beginning of stress

[quote name="QueenComley" post="6908913" timestamp="1396021098"]

Think of this as the beginning of the rest of your lives together... Its a journey you are both sharing and will talk about for many years.

As with any visa, if you have everything they require, and you are organized then everything will be fine. You have nothing to worry about.

Start thinking about making a family once everything is approved and your partner is in the states permanently.

Good luck!

Thank you for such a comforting response! This website can be a bit intimidating if you are new, so it is good to have people like you who are very encouraging.

THETIMEISNOW

Female

Senegal

2014-03-29 00:28:00

Stupid questions regarding filling out I-129F and G325A. Please help!!!

QUOTE (doboy @ Jan 19 2009, 02:08 AM) <{POST_SNAPBACK}>

First off, I hope there are no stupid questions

After finding this website I decided to fill out the forms myself and not waste money on those darn lawyers (no offense). This website is a godsend. Thanks in advance for all your inputs.

1. I-129F, question 8b and 9 A# (I'm assuming this is alien regist #). If I'm US citizen and my fiancee doesn't live in US, I assume neither of us have this # and the # is for green card holders. Correct?

2. I-129F, question 10. I'm looking at my citizenship certificate and I see 2 numbers starting with A xxxx. One is the Application No. and another one is on the very top of the page in red letters. Which is the certificate # and how do I know the place it was issued? Certificate only states the address I was living in during the time the certificate was issued, which happened to be in Honolulu, Hawaii.

3. G325A, question File Number A _____ (next to Citizenship). What file number is this referring to? Citizenship cert #? Also am I correct in assuming I filled out ALL questions on ALL 4 pages?

4. Letter of intent. Should my fiancee write this in her native language and have it translated or just use the sample found in this website? (She can understand the letter from this website) Also is the sample found in I-129F guide section sufficient or use our own words and elaborate?

5. Is there any negative side effects or complications of submitting paperwork for K-1 visa while my fiancee is visiting me on VWP as long as she returns by due date?

I'm sure I may have more questions as this process continues, but this is all I have so far since the guide section was very thorough. Thanks again for your help.

Okay so I guessed I missed this one also! What is the letter of intent? Is that something I write or my alien spouse writes? Im so confused!

New WorldMan

Male

Philippines

2009-01-19 15:44:00

General K1 Guides and Info

Im not sure of what I should put the packet in for example a folder or legal folder

browneyes3464

Female

Antigua and Barbuda

2009-05-19 21:47:00

General K1 Guides and Info

hello

Hawk&UK

Not Telling

United Kingdom

2007-02-26 10:25:00

much older woman/younger man

Then as I said before being rude and acting as if you are the finally voice of reasoning, does no one any good either. We both have been on this board a long time and I have seen your bully tatics in action, it may imitate others, but a rude bully does nothing to move me.

As I stated earlier I am quite aware of the difference between a visa application and a petition application.

His "right and to the point" replies helped me the most compared to a lot of other fluff and uncertain responses I got from other "senior" members.

Read his monicker under his username... he doesn't stray from it....

Edited by Dave and Kinnari, 30 November 2011 - 10:28 PM.

Dave and Kinnari

Male

India

2011-11-30 22:27:00

much older woman/younger man

What happend to the O.P.'s thread? lol

I'm going to give you advice putting myself into your shoes and what I feel I would do...

Go the marriage route and get married in India. The senior members here will pretty much guarantee that you will be put under AP/AR and most likely your petition will expire if you go the K-1 route thus having to re-file.

The bonafide evidence packet you will put together do not skimp on anything! Anything and everything is useful and is worth the value of gold with a non-custom traditional relationship as this one (no offense).

You want evidence that shows the ENTIRE relationship from when you first me to current day. The affidavits I consider worthless unless the person(s) that are writing the affidavit on your behalf has known of the relationship from the beginning to current day. This is a true affidavit IMHO. Still get other affidavits made that know of your relationship.

Pictures, hand written letters, immigration stamps showing visits to India, call logs etc is not as powerful as what Pushbrk said in terms of bonafide relationship evidence. Go to India get married and spend a good amount of time in India as husband and wife. This will make your case strong.

To prepare, prepare for the worst possible outcome to fully prepare yourself. This is not going to be an easy one, but it is possible to overcome IF you take the right steps in this process.

Front load your I-130 like your life depends on it. Do the hard work in the beginning to make the rest of the process easier (theoretically speaking).

That's my thoughts to you, take it as you will...

Good Luck!

Dave and Kinnari

Male

India

2011-11-30 17:33:00

much older woman/younger man

You better have quite the bonafide evidence list on this case. It's quite rare for an age gap of this large with the female being older than the male.

Expect the worst to be fully prepared at the interview. Expect your fiancee or spouse to be grilled to the max for this case.

If your going thru New Delhi super prepare.

Dave and Kinnari

Male

India

2011-11-28 21:01:00

Citizenship

My husband was similar but UK citizen on UK military base. The base was considered UK territory, and I believe US bases are also considered US territory.

msu17

Female

United Kingdom

2009-12-29 19:45:00

Your Attorney & Your Interview!

Very ignorant. What I got out of the questions is that is how you view us Americans. If you feel that way why even come to our country? You should have put honest questions, not sarcastic ones. Apparently you must like the U.S. or why would you want to come to our country since you think we have a superialistic attitude. Figures.

Being American myself I didn't take offense at the questions dwheels posed...I felt she was stating sarcastically how the CO's come up with their stupid questions...and by the way dwheels is American.

Aya820

Female

Nigeria

2012-04-24 22:56:00

Police Certificate...

you can ask Kuwait & singapore consulate. I need one from india and i asked Indian consulate to provide me one. It is a long procedure so better do it quick.

Thanks for the reply!...

Azteca143

Female

Philippines

2012-02-26 09:24:00

Police Certificate...

Kuwait is not issuing Police Clearance for non residents so it consider unobtainable. In Singapore, you must have the letter of request from the US Embassy Manila. You may have to call the embassy for inquiry. You can check this site for further information http://travel.state....ocity_3272.html

Thank you so much for the reply!...i just had this question,do i had to wait for the NVC to send my case in
US embassy Manila,So i can get that request letter from them?...

Azteca143

Female

Philippines

2012-02-26 09:20:00