In Matter of M, 7 I & N Dec. 601 (BIA Nov 1957)(in deportation proceedings, the immigrant was found to not have commited marriage fraud even though the marriage was never consummated because he had tried to consummate the marriage and his wife refused and she testified that the immigrant did seek to have sexual intercourse with her more than once but that she refused because she had become interested in another man).
Special rule for proxy marriages: If spouses not in each other’s presence at marriage ceremony there must be proof of consummation. INA §101(a)(35), 8 U.S.C. §1101(a)(35);
Before filing for any immigrant visa petition based ona marriage that has not been consummated, an immigrant should always speak to at least one competent immigration attorney about the specific facts of their case, especially since this is a complicated area that can turn on the facts.
Attorney Heather L. Poole practices exclusively in the area of U.S. family-based immigration law and citizenship law. Heather is a nationally-published immigration author, frequent lecturer on immigration issues, and member & officer of the American Immigration Lawyers Association’s Southern California Chapter. For more information about Heather and the services offered, visit www.humanrightsattorney.com
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