Filling I-130 after Traditional Marriage

[adigwe 0]

Hi All,

Does someone know if one can file form I-130 for a spouse using a Certificate of Registration of Marriage obtained at the local government area in Nigeria where a traditional marriage was performed?

Background Information

11-30-2010 – My then fiancée was refused a visa at the Lagos Nigeria consulate. We had filed form I-129f Petition for Fiancee. The reason in the letter given to her says “Dear Visa Applicant: We are returning your visa petition to the Department of Homeland Security office where it was approved with our recommendation that the petition be reviewed for possible revocation. Any further inquiries should be directed to that office. The reasons are as follows: Applicant and petitioner are already married."

12-03-2010 – I wrote an email to the consulate asking for clarification. On 12-06-2010, I received a reply stating the following “ At the time of her interview, Ms XXXX told the consular officer that she had a traditional marriage ceremony with you in Nigeria on May 2009. Nigerian law recognizes civil, religious and traditional marriage ceremonies as valid for legal purposes such as inheritance and custody. As such, immigration law recognizes such marriages as valid for immigration purposes. A U.S fiancé vias cannot be issued to a married person.

As such, she no longer qualifies for fiancé status under U.S. immigration law and the consular officer returned the petition to the Department of Homeland Security (DHS) with a recommendation to revoke the petition. You may file a CR1, K3, or IR1 petition for her as your spouse."

12-21-2010 – I am ready to file I-130 with Certificate of Registration of Marriage (Traditional Marriage). I to see if anyone has done this before and was successful before I mail the form out. We did not get this marriage certificate after the traditional wedding as my family (Parents on both sides) did not know it was possible and we wanted a wedding in the U.S hence the reason for filling the I-129f. We did not do a court wedding either. The Certificate states we performed the traditional marriage on May 16th 2009 but stamped with

I've attached a scrubbed sample of the Certificate of Registeration of Marriage.

Any comments or information is appreciated.

adigwe

[Nataliya-Ron 7]

You have to have been there get married and than provide

the Marriage certificate to USCIS translated into English.

ou will file your I-130 along with the other doucments required

and the marriage papers also. Just a paper saying you were married

isnt enough. You have to have been there in the last 2 years, been

married and than return to USA file your I-130 and all necessary

documents accordingly.

If your not sure call the US Embassy in that country and get a

clairifcation, just what they want to do, and what they want

you to do along with filing the I-130. CR-1 Visa to bring her.

Good Luck

[Wayne and Claudia 40]

Your form looks fine to me. I would proceed with the CR-1 and the good news is by the time everything is processed it should result in and IR-1 at POE and your wife will be issued a 10 year GC since you will have been married more than two years.

[anthokad 3]

I was refused visa for the same reason at the Lagos Consulate in February 2010. The CO who gave me the denial letter specifically adviced that we should do a court wedding to get our marriage licence and then file for a spouse visa. so, my husband came to Nigeria in March, we had our court wedding and he filed for a CR1 visa for me in April. But since you were able to get a certificate to legalise your traditional wedding, you should be fine. Good luck.

[NigeriaorBust 4,087]

You should be ok. I guess Lagos does everything to keep couples apart for as long as possible. They should just have us pay double fees up front and give us the visa the first time through.

[DebbyNSeyi 15]

You should be ok. I guess Lagos does everything to keep couples apart for as long as possible. They should just have us pay double fees up front and give us the visa the first time through.

[missin miss d 1]

I was refused visa for the same reason at the Lagos Consulate in February 2010. The CO who gave me the denial letter specifically adviced that we should do a court wedding to get our marriage licence and then file for a spouse visa. so, my husband came to Nigeria in March, we had our court wedding and he filed for a CR1 visa for me in April. But since you were able to get a certificate to legalise your traditional wedding, you should be fine. Good luck.

[adigwe 0]

Thanks all for the advise. I really appreciate it.

Does anyone know ow long it could take before USCIS figures out if they accept a Marriage Certificate as valid or not? I hope its within a month.

I have all my other documents ready and I'll file the I-130 with the Certificate of Registration of Marriage attached on the original post.

I'll be in Nigeria Mid February (Hopefully before valentines day) Have to be with my girl soon. She's been brave through all the disappointments.

I hope I'll know if USCIS accepts this Certificate of Registration of Marriage before I leave so if they don't I can do the court marriage back in Nigeria.

Thanks again to all who replied.

adigwe