Asked in Immigration Law

Q: proxy marriage, green card

Hi, thanks in advance for replying my question. I 've recently had a proxy marriage with my wife who is a green card holder of USA. USCIS clearly says, we are not accepting proxy marriage, unless the marriage is consummated. accordingly, my wife plans to travel to my country, so that we can consummate our marriage. my question is that, should she File form i-130 for me before her trip or after that? can I bring the evidence if they invite me for interview, or we have to wait and file i-130 later?

thank you so much for your valuable comments

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1 Lawyer Answer
Samuil Buschkin
Samuil Buschkin
Answered
  • Immigration Law Lawyer
  • Ridgewood, NJ

A: Your inquiry is a technical one. The federal code only indirectly answers it by requiring consummation of the proxy marriage fir the marriage to be considered valid. So therefore you would need to travel first and file after the consummation, which is an affidavit attesting to the consummation which means at lesst being physically in one place. It would nit even matter if there were mutual kids beforehand. Also it's important that the jurisdiction or place of the proxy wedding accepts proxy weddings as legal. I hope that helps. You should definitely speak to a lawyer to make sure that none of the important details have been missed.

Agnes Jury agrees with this answer

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