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pm5k

Yet another consummation question

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I am planning to get married in Pakistan soon. We will have a full wedding (Nikkah/Shaadi, Walima, and Rukhsati). We have not had any type of proxy marriage (phone, skype, etc); we are simply 'engaged'.

Who knows what may happen, but there is a fair chance (more likely than not) that we may not have intercourse until my spouse comes to the states (yes, it sounds crazy, but it is a possibility). Considering that all of the rituals are done (Shaadi, Walima, Rukhsati), we will have lived with eachother for about a week after the Rukhsati (same day as Shaadi/Nikkah), and will have tons of pictures of us, will the lack of consummation be an issue? I have read stories on these forums of people being asked if their marriage was consummated or not...

Obligatory disclaimer:  Not a lawyer.  Posts are written based on my own research and based on whatever information is provided.  Consult an immigration attorney regarding your specific case.

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To USCIS, consummation usually means that you have met in person, nothing else.

Edited by Hypnos

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Filed: Citizen (apr) Country: Ireland
Timeline

The consumated issue is if you get married by proxy; they sometimes ask about it in AOS interviews, which you won't have, so you should be fine. Having sex is not prove of a bonafide marriage.

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.

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Filed: K-1 Visa Country: Pakistan
Timeline

hummmm sounds like the same situation i went through, have a few questions for you that might help you a little.

1. what type of visa are you planning to apply for?

2. How soon do you expect the person you plan to marry arrive in USA?

3. The justification of two people being married in pakistan is a little tricky apparently... sometimes they require photo's + documents + attestation of Docs and written and verbal confirmation of individuals that were present at the wedding. and at other times they can confuse an engagement as a wedding and refuse the Fiance visa and tell you to apply for a CR1 (married) visa.

You may want to plan ahead of what you are going to be doing... either case from the time you apply will take a year to complete. So if you are planning on getting married in pakistan and are going to apply for CR1 then you will need to have been married have proof of marrage then apply for VISA which will then take a year. (plan on holding off for a year?) Also many Beneficiaries that are Male tend to be put in AP which last anywhere from 3 months to a year and often times more. so that year might turn into 2 years :)

anyways good luck!

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hummmm sounds like the same situation i went through, have a few questions for you that might help you a little.

1. what type of visa are you planning to apply for?

2. How soon do you expect the person you plan to marry arrive in USA?

3. The justification of two people being married in pakistan is a little tricky apparently... sometimes they require photo's + documents + attestation of Docs and written and verbal confirmation of individuals that were present at the wedding. and at other times they can confuse an engagement as a wedding and refuse the Fiance visa and tell you to apply for a CR1 (married) visa.

You may want to plan ahead of what you are going to be doing... either case from the time you apply will take a year to complete. So if you are planning on getting married in pakistan and are going to apply for CR1 then you will need to have been married have proof of marrage then apply for VISA which will then take a year. (plan on holding off for a year?) Also many Beneficiaries that are Male tend to be put in AP which last anywhere from 3 months to a year and often times more. so that year might turn into 2 years :)

anyways good luck!

1. K3 (which involves also applying for IR1/CR1 in the process)

2. Of course the sooner the better, but it seems that 8 months is the minimum.

3. We will sign a marriage contract/nikah nama, which I will send when I file the paperwork (along with a notarized translation). Since we have no joint property or bank accounts in Pakistan, I may also need written statements by people present at the wedding.

However, judging by what others have said, the consummation issue seems to only come up for proxy marriages.

Edited by pm5k

Obligatory disclaimer:  Not a lawyer.  Posts are written based on my own research and based on whatever information is provided.  Consult an immigration attorney regarding your specific case.

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

Few Tips

1. Whether you have intercourse with your wife or not is the matter between you and your wife. (Consular officer would not know about this until you tell them yourself which would be stupid to do so).

2. You must complete all rituals of a wedding i.e Shaadi, Rukhsati and Valima

3. Take bunch of photos at your wedding and after the wedding when you go out with your wife

4. Take a few photos of you and her with families and in family gathering

5. When you go back to states, send her money once in a while and keep the receipt to take to the interview as a evidence of on-going relationship

6. Buy credit on Raza, Callingo or Rebtel and call your wife and print out the call records for each month to take to interview as evidence

7. Lastly, Submit all paperwork in a professional manner and everytime you submit a document to USCIS and NVC, include a cover letter that lists all items you are submitting. Make sure you have Urdu, english nikka nama and mariage certificate and birth certificate and police certificate from all areas where your wife have lived for six months atleast. Also make New ID card of your wife that lists her as married and a new passport that has your name listed as husband.

These are all things i did for my wife and she got the VISA right away.

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  • 2 weeks later...

Few Tips

1. Whether you have intercourse with your wife or not is the matter between you and your wife. (Consular officer would not know about this until you tell them yourself which would be stupid to do so).

2. You must complete all rituals of a wedding i.e Shaadi, Rukhsati and Valima

3. Take bunch of photos at your wedding and after the wedding when you go out with your wife

4. Take a few photos of you and her with families and in family gathering

5. When you go back to states, send her money once in a while and keep the receipt to take to the interview as a evidence of on-going relationship

6. Buy credit on Raza, Callingo or Rebtel and call your wife and print out the call records for each month to take to interview as evidence

7. Lastly, Submit all paperwork in a professional manner and everytime you submit a document to USCIS and NVC, include a cover letter that lists all items you are submitting. Make sure you have Urdu, english nikka nama and mariage certificate and birth certificate and police certificate from all areas where your wife have lived for six months atleast. Also make New ID card of your wife that lists her as married and a new passport that has your name listed as husband.

These are all things i did for my wife and she got the VISA right away.

Thanks!

Obligatory disclaimer:  Not a lawyer.  Posts are written based on my own research and based on whatever information is provided.  Consult an immigration attorney regarding your specific case.

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  • 7 months later...

For a case that has no red flags, would an interviewer ever directly ask if it happened?


Obligatory disclaimer:  Not a lawyer.  Posts are written based on my own research and based on whatever information is provided.  Consult an immigration attorney regarding your specific case.

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Filed: Citizen (apr) Country: Ireland
Timeline

Extremely unlikely.

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.

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Filed: Citizen (apr) Country: Morocco
Timeline

They do ask.... see this thread http://www.visajourney.com/forums/topic/437452-need-help/

It's not the norm for them to ask, but it does happen.

01/28/2013 I-130 package sent

01/31/2013 Notice of Action Date After POE
02/01/2013 Received e-mail and text notification of acceptance
11/26/2013 Applied for SS#
02/04/2013 Received hard copy NOA1 (case not found in on-line system) 12/02/2013 ELIS site still states "accepted"
03/12/2013 Transferred to the local office 12/27/2013 received green card
04/10/2013 Case still not found in on-line system
04/15/2013 INFO-PASS appointment

05/01/2013 NOA2 sent petition approved

NVC Stage...of course it has to be complicatedreading.gifrolleyes.gif

05/09/2013 Case received by NVC

05/23/2013 Received case #'s from NVC

05/23/2013 DS-3032 sent from husband's e-mail

06/03/2013 First day I can not access payment portal

06/04/2013 AOS Fee invoiced and payment made

06/04/2013 DS-3032 resent with Supervisor Review

06/05/2013 DS-3032 acceptance e-mail

06/05/2013 AOS Fee shows "PAID"

06/06/2013 AOS package express mailed

06/07/2013 IV bill invoiced and payment made (still waiting on documents from Hubby)

06/08/2013 IV package express mailed

06/25/2013 IV reviewed - Checklist (2 errors, Birth document & date on DS-230)

06/26/2013 Requested supervisor review by e-mail & verbal request for birth document (fingers crossed)

06/27/2013 AOS accepted

06/28/2013 Checklist response sent for corrected DS-230 (I had my husband sign extra's just in-case)

08/02/2013 NVC requested a supervisor review on the checklist item over 20 business day window

08/05/2013 Case Complete!!! kicking.gif

08/27/2013 Interview Assigned

10/30/2013 Interview

11/04/2013 Pick up Passport

11/12/2013 POE @ JFK

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Filed: Citizen (apr) Country: Ecuador
Timeline

They can definitely ask that, if they put you through a Stokes interview.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Filed: Other Country: China
Timeline

1. K3 (which involves also applying for IR1/CR1 in the process)

Don't be planning on a K3 visa in your future. They've been virtually unobtainable since February, 2010 and have saved no appreciable time since late 2006. Just file the I-130 and follow the CR1 guide. Consummation is extremely unlikely to ever be an issue in your case.

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