Jump to content
arabianprincess

reason for denial

 Share

53 posts in this topic

Recommended Posts

I posted in another topic about the I129F that I applied for my fiance(now husband) basically my husband was denied a fiance visa without an interview so after.the denial we got.married. Today I finally found out that the reason for.our fiance visa denial was because we had a marriage certificate done while we were engaged. It is traditional for when muslims have long engagements they have a marriage certificate done while engaged but the marriage isnt actually official until there is a reception and the marriage is consumated. Which a letter was written by me explaining the marriage.certificate and uscis understood and approved me but.unfortunatly the consulate did not. My question is:

Does anyone think this will affect my current spousal visa?

Link to comment
Share on other sites

Also do you think the consulate will recognise our marriage as July 2009 which is when we had our marriage certificate done or our wedding reception which was June 2012

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Ireland
Timeline

*** Moving from CR-1 progress report to CR-1 Process forum ****

When was your legal wedding? That is the date the USCIS counts, not traditional custom.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Canada
Timeline

If the marriage isn't "official" (using your words) until the reception and the consummation of the marriage then I wouldn't think it would be recognized as being valid until June 2012. I certainly am not an authority on the subject but it seems logical to me.

USCIS - 40 DAYS
2012-10-30: FedEx delivered I-130 to Chicago Lockbox Mail Room
2012-11-01: NOA1 by email - MSC
2012-11-02: $420 (x3) debited from our account
2012-11-05: NOA1 hard copies received, Priority Date 2012-10-30
2012-12-11: NOA2


NVC - 26 DAYS
2013-01-02: Rec'd case#, IIN, BIN & OPTIN emails for EP sent
2013-01-03: Submitted DS-261 (x3)
2013-01-07: AOS bills invoiced and paid & OPTIN for EP accepted for each of us
2013-01-08: AOS bills appear as paid & AOS packages sent by email
2013-01-08: IV bill invoiced & paid (kids' only)
2013-01-09: IV bill appears as paid (kids' only)
2013-01-09: IV Package emailed & DS-260 submitted online (kids only)
2013-01-11: AOS received -notified by email
2013-01-11: IV bill invoiced & paid (for me)
2013-01-14: IV bill appears as paid (for me)
2013-01-14: IV Supporting Docs received for kids - notified by email
2013-01-14: IV Package emailed & DS-260 submitted online (me only)
2013-01-18: IV Supporting Docs received for me - notified by email
2013-01-18: Son#1 CASE COMPLETE - Son#2 checklist - saying $ on I-864 don't match tax return (but they do)-resubmitted
2013-01-23: AOS 2nd submission for Son #2 received - notified by email
2013-01-25: My CASE COMPLETE
2013-01-28: ALL 3 OF OUR CASES ARE NOW COMPLETE
2013-02-06: Packet 4 Received by email

MEDICAL ~ CONSULATE ~ POE REMOVAL OF CONDITIONS - 160 DAYS NATURALIZATION
2013-02-13: Medicals 2014-12-17: Delivered to California Lockbox 2015-12-15: Delivered to Phoenix Lockbox
2013-03-06: Interview 2014-12-19: 1 I-751 + 3 Biometrics Fees debited from our account 2015-12-16: Fees charged to Credit Card
2013-03-08: Visas in-hand 2014-12-22: Received NOA1 by mail. Receipt Date: 2014-12-17 2015-12-17: NOA
2013-03-12: Paid USCIS Immigrant Fee 2014-12-24: Received Biometrics Appointment Letter 2016-01-02: Biometrics Letter 2016-01-11: Biometrics
2013-03-14: POE 2015-01-06: Biometrics 2016-02-15: In Line for Interview 2016-02-19: Letter
2013-03-25: SSNs arrived 2015-05-27: Approved 2016-03-22: Interview
2013-04-01: Green Cards arrived 2015-06-03: New Green Cards arrived 2016-04-15: Oath Ceremony

Link to comment
Share on other sites

Also do you think the consulate will recognise our marriage as July 2009 which is when we had our marriage certificate done or our wedding reception which was June 2012

It will be the date on your marriage contract.

Link to comment
Share on other sites

Filed: Country: United Kingdom
Timeline

I posted in another topic about the I129F that I applied for my fiance(now husband) basically my husband was denied a fiance visa without an interview so after.the denial we got.married. Today I finally found out that the reason for.our fiance visa denial was because we had a marriage certificate done while we were engaged. It is traditional for when muslims have long engagements they have a marriage certificate done while engaged but the marriage isnt actually official until there is a reception and the marriage is consumated. Which a letter was written by me explaining the marriage.certificate and uscis understood and approved me but.unfortunatly the consulate did not. My question is:

Does anyone think this will affect my current spousal visa?

I would believe that even in your country there is one and only one official govt body issued marriage certificate?

The reason i am asking this is: Is it possible, in your country, for one to say that "i am part-married"? :)

If there's only one "govt body issued marriage certificate" (no matter the first engagement followed by the marriage ceremony), when you submit the marriage certificate as the supporting document and they look at it as the primary evidence of your marital relationship and the date that the certificate says is when you were married in the eyes of USCIS. (For USCIS/NVC, a certificate issued by any other body/organization is just secondary supporting document).

Another way of looking at it would be, do you get another official document named "marriage certificate" with a different date after the ceremony/reception?

Keeping it simple: you said they rejected your I-129F petition in 2009 because of the "marriage certificate". In which case, they recognize your marriage and feel that you weren't eligible for a fiance visa in 2009. If the marriage was valid (to the USCIS) back then, its valid today too.

USCIS- VSC:

02/07/2012: NOA1

07/12/2012: I-130 Approved

07/16/2012: NOA2 in mail

NVC:

07/16/2012: NVC received case in mail

08/03/2012: NVC case number generated

08/08/2012: DS-3032 email sent to NVC

08/09/2012: AOS (I-864) Fee generated.

08/09/2012: Received AOS and DS-3032 email forms from NVC

08/09/2012: Payment in Process

08/10/2012: AOS Fee status:PAID

08/13/2012: AOS Packet Sent.

08/16/2012: DS-3032 accepted.

08/16/2012: AOS Packet Delivered.

08/17/2012: IV Fee generated.

08/17/2012: Payment in Process

08/20/2012: IV Fee status:PAID

08/20/2012: IV Packet Sent

08/21/2012: IV Packet Delivered

08/21/2012: AOS Accepted

08/27/2012: IV Packet reviewed. A PCC Missing

08/28/2012: Missing document sent.

08/30/2012: Missing document delivered.

09/05/2012: NVC case Completed!

09/17/2012: Interview date received! Oct 22nd.

US Consulate:

10/02/2012: Medical Done.

10/22/2012: Interview; APPROVED!

10/26/2012: VISA received!

Link to comment
Share on other sites

Yes thats the only marriage certificate given. I know they accept out marriage as valid im just wondering what they would consider the marriage date most are saying marriage certificate which I wouldnt have a problem with because that mean no AOS after 2 years.

Link to comment
Share on other sites

Filed: K-1 Visa Country: Egypt
Timeline

So at what point did they deny you? How did they find out you had that unofficial marriage certificate? The reason I am asking is because my fiance and I are Muslims as well and we were thinking of doing the unofficial marriage certificate. We haven't received our NOA2 yet. So we were wondering when the best time to do it is. How do they find out about the marriage certificate? Did you show it to them? Did you ever receive an NoA2? thanks for your help.

Link to comment
Share on other sites

Filed: Other Country: China
Timeline

I posted in another topic about the I129F that I applied for my fiance(now husband) basically my husband was denied a fiance visa without an interview so after.the denial we got.married. Today I finally found out that the reason for.our fiance visa denial was because we had a marriage certificate done while we were engaged. It is traditional for when muslims have long engagements they have a marriage certificate done while engaged but the marriage isnt actually official until there is a reception and the marriage is consumated. Which a letter was written by me explaining the marriage.certificate and uscis understood and approved me but.unfortunatly the consulate did not. My question is:

Does anyone think this will affect my current spousal visa?

You found yourself in the circumstance of being too married for a fiance visa and not married enough for a spouse visa. An unconsummated marriage does that. What is the date you had a legal consummated marriage? Usually, that would be the date on the marriage certificate submitted with the I-130, which should be the same date stated as the marriage date on the I-130.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Link to comment
Share on other sites

Filed: Other Country: China
Timeline

The date was June 10 2012 which.is when we actually got.married the marriage certificate says.july 2009 though

So, what did you state as your marriage date on the I-130 and G325a forms?

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Jordan
Timeline

The date on the marriage contract. I married my husband in Jordan and the embassy wanted the date from the original marriage CONTRACT. They don;t care when you had a party or when it was consummated.

Edited by mimolicious


Link to comment
Share on other sites

Filed: AOS (pnd) Country: Jordan
Timeline

So, what did you state as your marriage date on the I-130 and G325a forms?

i am curious about this too - i beleive in the Muslim world ( someone pls correct me if i am wrong) once you sign your marriage certificate ( katib al kitab) then you are officially married. Whether the marriage is consumated or not.

Day 11/14 Mailed AOS Package

Day 11/16 AOS Package Accepted

Day 11/20 Received Text with receipt numbers

Day 11/21 Checks cashed

Day 11/26 -Letter for Biometrix - its on 12/20

Day 12/20/ went to do biometrics, turn away as wife has a cut on thumb - will try to walk in next week

Day 12/28 - bio metrics done ! - walked in San Diego as we were visiting my in laws.

Day 1/4/2013 - received text/email that case is ready to be scheduled for interview !

Day 1/15/2013 - received hard copy letter to let us know interview is on 2/12 !

Day 1/17/2013 - received text/email that EAD has been approved

Day 1/26/2013 - received EAD card

Day 2/12 - interview done - approved on spot!

Link to comment
Share on other sites

You were denied the Fiancee visa because the CO deemed you "already married". To them you were filing the "INCORRECT" visa application. If you are now going the IR-1/CR-1 route, you are completing the "CORRECT" application and should have no problems. For their documentation they are looking for the original date of the first marriage certificate July 2009.

Edited by Dana and Divine
Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Pakistan
Timeline

I recommend you re-apply as a CR-1 visa and give them a brief written explanation of your denial and explain them it is cutom in your religion to have a marriage certificate issued or whatever the reason is so that you can be on the safe side cuz immigration will know if they pull record that you were once rejected so its better to let them know in advance rather than wait and get denied again. Also you shouldnt have sent marriage certificate in first place if you applied for Fiance, it had to be rejected - common sense!!

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...