reason for denial

[arabianprincess 5]

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?

[arabianprincess 5]

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

[Penguin_ie 5,993]

*** 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.

[Ms Hogan 295]

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.

[Ihavequestions 419]

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.

[sttom 6]

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.

[arabianprincess 5]

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.

[relshamy 11]

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.

[pushbrk 12,883]

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.

[arabianprincess 5]

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

[pushbrk 12,883]

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?

[Cathi 5,748]

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 October 25, 2012 by mimolicious

[Jordandawg05 13]

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.

[Dana and Divine 61]

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 October 25, 2012 by Dana and Divine

[kwara4u 14]

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!!