K-1 Visa, Proxy Marriage, I-130 and the Whole Thing
My name is Armando and im a US Citizen and got married by proxy to Rossmery on november of 2011, she is from Peru and lives there at the moment, I filed a K-1 visa on December of 2011 and all the process went fine until the day of interview in Lima, Peru on september of 2012 the USA Consulate told us that can not give Rossmery a K-1 visa because we are legally married to the state and therefore the Consuar Officer can not issue the visa because the intention of a K-1 is to get married in the USA not for married people and the consular officer also said that they were going to review our case and that they will contact Rossmery in a few days with a definitive answer, five days later they called Rossmery back asking her to go to the USA Embassy in Lima, Peru again for another interview and the USA Consular Officer told her that we had to file for an I-130 because the marriage was consumated and the Consular Officer also suggested to ask USCIS in Peru if they will allow us to replace the form k-1 for an I-130 wich they said no. It is our fault we were not aware that the word consumate means to have sex with her before the interview date, I did this whole precess with an Immigration Attorney and it was never clearly explained to us.
After all I can not file for a spouse petition because the proxy marriage is not recognized by USCIS and I can not get married in Peru because I can not get a non-impediment of marriage cartificate here in the USA, she can not file for a tourist visa so we can get married here in the USA because its extremely difficult for the USA consulate in Lima, Peru to approve one.
Thank you for your time and please let me know if is there a solution to our problem or if im wrong because at the moment we are extremely lost and hopeless...
Re: K-1 Visa, Proxy Marriage, I-130 and the Whole Thing
I'm having a difficult time fully grasping your question, but it seems like your ultimate goal is to get your wife into the US with you. Rather than possibly mislead you with wrong information, I think the best method for you to pursue is to attempt to contact one of the many free immigration advice attorneys. Every county in this country has a service like this set up by some non-profit. Try calling your local courthouse to see if they can refer you to one. Good luck.