The Saga Continues.....

[goldenheart 0]

Asalaamu Aleykum,

For those of you that are familiar with my case and what happened to my fiance at the POE in Atlanta, I would like to give you an update on where we are now in the process.

I contacted an attorney and found out that for Immigration purposes you must be legally marry in order to file for a Spousal visa....Furthermore, in order to get married both parties must be present at the ceremony and the marriage must be consumated. Therefore, you can NOT have a proxy marriage.

In our case, my fiance called the Imam over the telephone and agreed to marry me, which is part of his custom and our religious practice.

OK, I filed a waiver to remove the 5-year exclusion and contacted our Senator. In turn, the Representative from the Senator's office thought the entire case was a bowl of do-do, however she sent an email to the Embassy. The Embassy replied that they wanted to see my fiance for an interview on what happened at the POE. My fiance went to his interview yesterday. My fiance said he was iinterrogated by the CO and a rep from DHS. He was under the impression that the interview would be about is exclusion from the POE. However they asked him questions like:

How old is your sister, when is her birthday? What jobs did you have in your country? Why did your fiance decide to convert to Islam!! WHAT THE HECK!!!! Does your fiance go to the MOSQUE!!!! When your fiance visit you here in Germany, did she attend the mosque????

He said that he became a bit perturbed by the questions and asked them...Why are you not asking me questions about my entry denial?

Their response was....WE ALREADY KNOW YOU ARE NOT MARRIED, WE ARE HIGH INVESTIGATORS AND WE KNOW EVERYTHING !!!!

My fiance response was...So you excluded me for what reasons????? They did not answer him. He said after talking with them for three hours they told him goodbye and have a good day.

NO INFORMATION ON HIS VISA STATUS! NO INFORMATION ON WHAT WE SHOULD DO NEXT!!! NOTHING!!!!

He said that he felt like a mouse in a cat maze and they wasted another three hours of his time.

After being in jail overnight at the POE and being interrogated another three ours yesterday. He has come to the conclusion that he do not wish to be in a country that don't want him

[Veiled Princess 1]

Wa alaikum salaam,

I'm so sorry for you both!

I would contact the Senator again.

Good luck!

Ma salaama,

Layla

[Jenn! 918]

I'm so sorry about all of this. What a mess.

Your lawyer is incorrect about the marriage having to be consumated. And I believe proxy marriges ARE acceptable for immigration purposes, but I'm not sure. Let me hunt you down the link where I was reading about it...

[Veiled Princess 1]

It depends on the country you were married in. If a religious ceremony is sufficient for that country to recognize your marriage as legal and binding then the US will as well. For instance, Egypt has a requirement for you to register your marriage and obtain a marriage certificate before it's a legal and binding marriage. In this case, the US does not recognize the Islamic marriage contracts by themselves because Egypt doesn't. In some other country it may be different.

Being "consumated" has nothing to do with it. That seems a rather personal question for them to be asking people LOL

[Jenn! 918]

I can't find that link, but from what I gather, in order to be considered valid for U.S. immigration purposes, a proxy marriage needs to have been consumated. But there is nothing that prohibits a proxy marriage which later is consumated, or a non-proxy marriage that hasn't been consumated. In other words, it's not permissable to have a proxy-marriage that has not been consumated.

[M+S 0]

I am sorry for thi mess you are dealing with now..

But I have a question for you how come you married through the Telephone call? I mean I am originally Muslim and My family and my whole relative from Muslim country and I have never heard of this before???

Plz correct me if Iam wrong..

I pray for you though to have this MESS solved ..

God be with you

[chiquita 0]

Asalaamu Aleykum,

For those of you that are familiar with my case and what happened to my fiance at the POE in Atlanta, I would like to give you an update on where we are now in the process.

I contacted an attorney and found out that for Immigration purposes you must be legally marry in order to file for a Spousal visa....Furthermore, in order to get married both parties must be present at the ceremony and the marriage must be consumated. Therefore, you can NOT have a proxy marriage.

In our case, my fiance called the Imam over the telephone and agreed to marry me, which is part of his custom and our religious practice.

OK, I filed a waiver to remove the 5-year exclusion and contacted our Senator. In turn, the Representative from the Senator's office thought the entire case was a bowl of do-do, however she sent an email to the Embassy. The Embassy replied that they wanted to see my fiance for an interview on what happened at the POE. My fiance went to his interview yesterday. My fiance said he was iinterrogated by the CO and a rep from DHS. He was under the impression that the interview would be about is exclusion from the POE. However they asked him questions like:

How old is your sister, when is her birthday? What jobs did you have in your country? Why did your fiance decide to convert to Islam!! WHAT THE HECK!!!! Does your fiance go to the MOSQUE!!!! When your fiance visit you here in Germany, did she attend the mosque????

He said that he became a bit perturbed by the questions and asked them...Why are you not asking me questions about my entry denial?

Their response was....WE ALREADY KNOW YOU ARE NOT MARRIED, WE ARE HIGH INVESTIGATORS AND WE KNOW EVERYTHING !!!!

My fiance response was...So you excluded me for what reasons????? They did not answer him. He said after talking with them for three hours they told him goodbye and have a good day.

NO INFORMATION ON HIS VISA STATUS! NO INFORMATION ON WHAT WE SHOULD DO NEXT!!! NOTHING!!!!

He said that he felt like a mouse in a cat maze and they wasted another three hours of his time.

After being in jail overnight at the POE and being interrogated another three ours yesterday. He has come to the conclusion that he do not wish to be in a country that don't want him

OMG goldenheart!!!!

I agree, get in touch with your rep again.

No one from POE was there? That seems so odd.

Have you called the Embassy to inquire about your situation?

Of course one has to be present for a marriage.

I still think your fiance was mistreated at the POE and I feel you have a case for that.

If you need a good attorney, there is one here on VJ who has the experience in these issues. He is ellis.

(Regardless of what others say here, I am just trying to brainstorm to help. I don't want all the drama to come out again here!!!! If ya can't help...just read!)

chi

[Veiled Princess 1]

I have heard people asking the shaykhs in class/lectures about this so I guess it's something common for people here to do.

[Katie 0]

Asalaamu Aleykum,

I contacted an attorney and found out that for Immigration purposes you must be legally marry in order to file for a Spousal visa....Furthermore, in order to get married both parties must be present at the ceremony and the marriage must be consumated. Therefore, you can NOT have a proxy marriage.

This is not entirely accurate. You are correct that the parties must be legally married to apply for a spousal visa, however, a proxy marriage will be considered a "legal marriage" for immigration purposes if: (1) proxy marriages are valid in the place where the proxy marriagewas celebrated (for example, Texas recognizes marriage by proxy) and (2) the proxy marriage is consumated. Consumation is not required if both parties were present at the marriage ceremony.

I hope your case is resolved soon.

Katie

Edited July 13, 2006 by Katie

[Veiled Princess 1]

How would they know if it was consumated????? Do they really ask people that?

[Jenn! 918]

How would they know if it was consumated????? Do they really ask people that?

Obviously, they can't be certain. I think this "rule" comes into play more if the marriage was by proxy and the couple hasn't seen each other since the marriage. If they haven't seen each other, the marriage can't have been consummated.

[diadromous mermaid 36]

Asalaamu Aleykum,

For those of you that are familiar with my case and what happened to my fiance at the POE in Atlanta, I would like to give you an update on where we are now in the process.

I contacted an attorney and found out that for Immigration purposes you must be legally marry in order to file for a Spousal visa....Furthermore, in order to get married both parties must be present at the ceremony and the marriage must be consumated. Therefore, you can NOT have a proxy marriage.

In our case, my fiance called the Imam over the telephone and agreed to marry me, which is part of his custom and our religious practice.

OK, I filed a waiver to remove the 5-year exclusion and contacted our Senator. In turn, the Representative from the Senator's office thought the entire case was a bowl of do-do, however she sent an email to the Embassy. The Embassy replied that they wanted to see my fiance for an interview on what happened at the POE. My fiance went to his interview yesterday. My fiance said he was iinterrogated by the CO and a rep from DHS. He was under the impression that the interview would be about is exclusion from the POE. However they asked him questions like:

How old is your sister, when is her birthday? What jobs did you have in your country? Why did your fiance decide to convert to Islam!! WHAT THE HECK!!!! Does your fiance go to the MOSQUE!!!! When your fiance visit you here in Germany, did she attend the mosque????

He said that he became a bit perturbed by the questions and asked them...Why are you not asking me questions about my entry denial?

Their response was....WE ALREADY KNOW YOU ARE NOT MARRIED, WE ARE HIGH INVESTIGATORS AND WE KNOW EVERYTHING !!!!

My fiance response was...So you excluded me for what reasons????? They did not answer him. He said after talking with them for three hours they told him goodbye and have a good day.

NO INFORMATION ON HIS VISA STATUS! NO INFORMATION ON WHAT WE SHOULD DO NEXT!!! NOTHING!!!!

He said that he felt like a mouse in a cat maze and they wasted another three hours of his time.

After being in jail overnight at the POE and being interrogated another three ours yesterday. He has come to the conclusion that he do not wish to be in a country that don't want him

goldenheart,

Why would you interpret the questions asked of your fiancé as not pertaining to the POE inicident? The way I read this, if the CO and representative from DHS referred to your loved one as a fiancé and admitted that they know you are not married, that, in my opinion, is a MAJOR concession on their part. I also believe that the line of questioning appears to indicate some interest on their behalf to understand the reasons (religious) behind the confusing statement uttered by your loved one when asked of the status of his relationship at the POE.

Put this way, if these officers were to continue to opine that your fiancé was married and carrying the wrong documnetation (K-1) as a married person on his last attempt to enter the country, then I'd tend to suspect that no progress had been made.

What does your attorney think of the status of his interview?

chiquita,

DHS is a representative of the POE. You don't expect that they'd fly the actual person from Atlanta to the Embassy for this do you?

[dawnnhatem 0]

However they asked him questions like:

How old is your sister, when is her birthday? What jobs did you have in your country? Why did your fiance decide to convert to Islam!! WHAT THE HECK!!!! Does your fiance go to the MOSQUE!!!! When your fiance visit you here in Germany, did she attend the mosque????

He said that he became a bit perturbed by the questions and asked them...Why are you not asking me questions about my entry denial?

Their response was....WE ALREADY KNOW YOU ARE NOT MARRIED, WE ARE HIGH INVESTIGATORS AND WE KNOW EVERYTHING !!!!

I wish I had advise for you. I'm sorry they are not being upfront with you because they are making impossible to satisfy whatever they suspect. Obviosly they suspect something but its crazy not to give you anything to work with. With that line of questions, do you think he ever had a friend or relative that ever came over or tried to come over as him? He couldn't control that, and it would explain (sorta) the questions. Don't get angry at me. We are on the same side. I hope you can get some answers soon

Dawn

[Meriem_DZ 37]

Salam Aleykoum

My dear sister, Goldenheart. I so hoped and prayed that you will get a quick resolution to this problem. I dont know why they are making it so hard for you to be together. I will continue to keep you in my prayers.

Meriem

[meauxna 15]

I agree with mermaid's post.