The Saga Continues.....

[goldenheart 0]

Thanks to all who replied.

Please take the time to read the application I-130 Petition for Alien Relatives...Under #3 For When May You Not File?

D. A husband or wife, if you and your spouse were not both physically present at the marriage ceremony and the marriage was not consumated.

I'm sure there's more to this and they are not telling us.

However, the Senator is working on this issue.

[maryandatif 0]

Goldenheart,

I'm sorry for this ordeal for both of you. May God take care of you both and guide "the powers that be" from the government to make the right decision---in your favor---so that you and your DF can be together soon. Wish there was more that I could do to help.

Mary K

[Jenn! 918]

Thanks to all who replied.

Please take the time to read the application I-130 Petition for Alien Relatives...Under #3 For When May You Not File?

D. A husband or wife, if you and your spouse were not both physically present at the marriage ceremony and the marriage was not consumated.

I'm sure there's more to this and they are not telling us.

However, the Senator is working on this issue.

I think the wording is misleading in that statement; the AND is key. If only ONE of those two things are true, then you CAN file as a spouse. If BOTH of them are true you CANNOT file as a spouse.

A proxy marriage that has been consummated is viewed as a valid marriage as far as U.S. immgiration is concerned.

Edited July 13, 2006 by jenn3539

[Veiled Princess 1]

I don't think your marriage being a "proxy marriage" has anything to do with this really. What country does he live in? Germany, right? Is an Islamic marriage ceremony that is not accompanied by obtaining a marriage considered a valid marriage in Germany?

That is the key... if Germany (or whatever country you were married in) does not recognize it as a valid marriage then the US is not going to recognize it either for the purpose of immigration. That is why so many of us who had an Islamic ceremony and signed a marriage contract still have to file for a K-1, because we don't have the certificate from whatever country we were in.

It sounds like they recognized the fact that he is not married in this last interview. Inshallah they will reverse their decision and waive the bar against him.

Good luck again!

Layla

[babybunny 2]

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

yes they do ask people that its called " stokes interview" they ask very intimate questions.

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

Marriage by Proxy is not valid for immigration but, its like they denied your fiance/ husband for religious marriage that was done over the phone. this whole thing is becoming more and more insane.

[Veiled Princess 1]

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

yes they do ask people that its called " stokes interview" they ask very intimate questions.

I couldn't answer them if they asked me and neither could Yousuf. I hope they don't ask anything like that in our AOS interview.... IF he ever gets the visa to actually GET here!

[sarah and hicham 3]

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

yes they do ask people that its called " stokes interview" they ask very intimate questions.

I couldn't answer them if they asked me and neither could Yousuf. I hope they don't ask anything like that in our AOS interview.... IF he ever gets the visa to actually GET here!

Just curious as to why you couldn't answer that question?

[sarachid 0]

I'm not an expert by any means but wouldn't it be better to go for the K-1 visa rather than a K-3?? I thought the K-1 is faster...

sarah

[Veiled Princess 1]

Just curious as to why you couldn't answer that question?

It's so personal and intimate. What happens in the bedroom stays in the bedroom. I would be so embarrassed.

[sarah and hicham 3]

Just curious as to why you couldn't answer that question?

It's so personal and intimate. What happens in the bedroom stays in the bedroom. I would be so embarrassed.

Oh ok that makes sense... haha I thought you just didn't know! sorry to be nosy.

[Veiled Princess 1]

Oh ok that makes sense... haha I thought you just didn't know! sorry to be nosy.

If I didn't know anything else I hope I would know that???

[sarah and hicham 3]

haha thats what I was thinking! haha

[goldenheart 0]

I'm not an expert by any means but wouldn't it be better to go for the K-1 visa rather than a K-3?? I thought the K-1 is faster...

sarah

I was never told that the K1 was faster. When I decided that I wanted to be with my honey for the rest of my life. My only option was the K1 visa, because at the time we wanted to have a huge wedding with my family and his family here in the USA. Because he did not have permission to travel to the USA, our only option was to apply for the K1 and get married here in the USA.

Then the problems started crashing in on our dreams and we had to adjust our plans.

Goldenheart,

I'm sorry for this ordeal for both of you. May God take care of you both and guide "the powers that be" from the government to make the right decision---in your favor---so that you and your DF can be together soon. Wish there was more that I could do to help.

Mary K

AMEN!!!

Shakrun!

[sarachid 0]

I'm not an expert by any means but wouldn't it be better to go for the K-1 visa rather than a K-3?? I thought the K-1 is faster...

sarah

I was never told that the K1 was faster. When I decided that I wanted to be with my honey for the rest of my life. My only option was the K1 visa, because at the time we wanted to have a huge wedding with my family and his family here in the USA. Because he did not have permission to travel to the USA, our only option was to apply for the K1 and get married here in the USA.

Then the problems started crashing in on our dreams and we had to adjust our plans.

Goldenheart,

I'm sorry for this ordeal for both of you. May God take care of you both and guide "the powers that be" from the government to make the right decision---in your favor---so that you and your DF can be together soon. Wish there was more that I could do to help.

Mary K

AMEN!!!

Shakrun!

I see, I meant nothing bad... I wish I could do something to help you

sarah

[babybunny 2]

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

yes they do ask people that its called " stokes interview" they ask very intimate questions.

I couldn't answer them if they asked me and neither could Yousuf. I hope they don't ask anything like that in our AOS interview.... IF he ever gets the visa to actually GET here!

well they do ask. you can decline but,I dont know what would happen to the AOS.

these questions were asked during Mike H and his wifes interview. they also video tape

it.

Just curious as to why you couldn't answer that question?

It's so personal and intimate. What happens in the bedroom stays in the bedroom. I would be so embarrassed.

well mike h and his wife were embarrassed. but, they had to go though it. < they are also muslims >

I'm not an expert by any means but wouldn't it be better to go for the K-1 visa rather than a K-3?? I thought the K-1 is faster...

sarah

I was never told that the K1 was faster. When I decided that I wanted to be with my honey for the rest of my life. My only option was the K1 visa, because at the time we wanted to have a huge wedding with my family and his family here in the USA. Because he did not have permission to travel to the USA, our only option was to apply for the K1 and get married here in the USA.

Then the problems started crashing in on our dreams and we had to adjust our plans.

Goldenheart,

I'm sorry for this ordeal for both of you. May God take care of you both and guide "the powers that be" from the government to make the right decision---in your favor---so that you and your DF can be together soon. Wish there was more that I could do to help.

Mary K

AMEN!!!

Shakrun!

at this rate...K-3 is faster. but, you have to get that bann lifted.