please help... m i eligble

DD2003

Registered Users (C)
Just one question..
i got married here through absentee form i.e spouse was in Abroad,when we got marrief.
Now the question is can i still file for his I-130???
Please please help
 
Yes, There are a few states that allow proxy marriages, namely Arkansas, California, Colorado, Kansas, Missouri, Texas, and Montana, but most don’t. For immigration purposes, a proxy marriage is perfectly acceptable provided it has been subsequently consummated. Having had sex before the marriage does not count. Note that he will have to be physically present for the interview.

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.


http://www.state.gov/documents/organization/86920.pdf

Just one question..
i got married here through absentee form i.e spouse was in Abroad,when we got marrief.
Now the question is can i still file for his I-130???
Please please help
 
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Thanx for the reply :)
What does this consumated means?and how can i do this?
Please please reply
 
Just one question..
i got married here through absentee form i.e spouse was in Abroad,when we got marrief.
Now the question is can i still file for his I-130???
Please please help

Are you a US citizen? Is your spouse inside or outside the US now? Have you seen your spouse in person after getting married?
 
Are you a US citizen? Is your spouse inside or outside the US now? Have you seen your spouse in person after getting married?


No i am permanent resident here.
Yes he is outside the US
no,havent seen him after marriage but did 10yr courting before getting marriage.
 
real candian

Oh dear. Google is probably your friend.


i know why you said but actually i dint find right answer of my question.what google is saying in regards of consummation that cant be true in this immigration process. that is why asked if you know the meaning of consummation in regard of this immigration process.
 
No i am permanent resident here.
Yes he is outside the US
no,havent seen him after marriage but did 10yr courting before getting marriage.

So that means the marriage is not consummated, which means you cannot file I-130 (yet).


i know why you said but actually i dint find right answer of my question.what google is saying in regards of consummation that cant be true in this immigration process.

Yes it is true of the immigration process. They aren't going to ask you to provide videotapes or witness statements of the consummation. But if you haven't met your spouse in person since getting married, the obvious conclusion is that there was no consummation.
 
So that means the marriage is not consummated, which means you cannot file I-130 (yet).


Ok.. So in regard to consummate can i meet him in between the way?i mean do i have to go to my homecountry and have to live at his home? Or can i meet him in europe or anywhere else?
Is there any specific time period that i have to spend with him?
Spending 7day with him would be fine?
 
Yeah, go forth and consummate. Does not matter if it only takes one minute or three hours. And no you can consummate anywhere actually. In a car, plane, airport or any location so far as it is not illegal like in a public park or public restroom. Europe is a good location I think.

All the best!

Ok.. So in regard to consummate can i meet him in between the way?i mean do i have to go to my homecountry and have to live at his home? Or can i meet him in europe or anywhere else?
Is there any specific time period that i have to spend with him?
Spending 7day with him would be fine?
 
Ok.. So in regard to consummate can i meet him in between the way?i mean do i have to go to my homecountry and have to live at his home? Or can i meet him in europe or anywhere else?
Is there any specific time period that i have to spend with him?

You can meet him anywhere in the world. Just make sure you have proof of traveling to wherever you meet, including proof that the travel was after getting married.

If you travel to his home country you don't need to show proof of him traveling anywhere; just keep your own proof of yourself going there. But if you travel to a third country, keep evidence of both of you being there on the same day (not necessarily arriving on the same date, but your entry/exit dates should make it possible to conclude that both of you were there together at some point after the marriage).
 
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So that means the marriage is not consummated, which means you cannot file I-130 (yet).


Ok.. So in regard to consummate can i meet him in between the way?i mean do i have to go to my homecountry and have to live at his home? Or can i meet him in europe or anywhere else?
Is there any specific time period that i have to spend with him?
Spending 7day with him would be fine?

It doesn't matter where you meet or how much time you get to spend together, but make sure you have documentation of your travel (ticket, itinerary, passport stamps, visa, etc), as well as documentation for you staying there, especially if you are meeting somewhere other than his homecountry. So, hotel information, etc. If you are both traveling to the destination, then provide information for both of you.

Might also be a good idea if you take some photographs together in front of famous landmarks (Europe is full of them, of course - Tower of London, Eiffel Tower, etc) where you travel, with time stamps on the photos.
If you go to his home country, take pictures together with his relatives as well.

Best of luck, and enjoy your trip!
 
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