Legal Question in Immigration Law in Texas

Do I have to withdraw my fiance visa application now that my marriage has been consummated? I was instructed by an attorney to marry by proxy (my husband works for the air force), then file for a fiance visa and at the interview tell the consulate that I want to come to the U.S. to consummate my marriage. At the time we filed the fiance visa application, our marriage had not been consummated, but now it has. Should I wait for the interview notice anyway or withdraw the application and start a spousal visa application? Thanks!


Asked on 8/15/13, 10:26 am

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

If you have already married your fiance, then you are not qualified for a "fiance" visa. Your spouse needs to file the I-130 to get the process started, so that you can be interviewed at the U.S. Consulate abroad.

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Answered on 8/15/13, 1:50 pm


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