Advice please! A unique case?

[Sarah Elle-Même 660]

It is true that in Islam it is okay for a man to marry a non-Muslim but for women it is forbidden. This is because all children of Muslims must be raised as Muslim and it is "passed down" through fathers. On the flip side for Judaism it's passed through mothers so Orthodox Jews disallow their men from marrying outside the faith. The heart wants what the heart wants but you're in a real pickle man and so is your girlfriend. If she chooses to go through with this she is taking the risk that her family will disown her or worse - she risks harm. It's not all the religion itself though, which you must understand. From a religious standpoint this sort of "crime" is a private issue between her and her God. She is the one who will have to answer for it one day (if she believes in that). Her family doesn't really have the right to involve themselves - but the paternalistic culture plays a huge role. I know Muslim-Americans who marry non-Muslims here and their parents are upset a while but get over it. They would certainly not take God's judgement into their own hands as men do sometimes in your girlfriend's part of the world.

As was said earlier here, there are attorneys who specialize in MENA countries. I would suggest you search for attorneys here who speak Arabic. It's a good place to start. They may be able to advise you on this unique angle to your case. A tourist visa to the US is really a shot in the dark for her. It's better that you visit her, even if it needs to be in a 3rd country.

Hoping you find a safe solution.

[Sarah Elle-Même 660]

Edit: It's not that Algerians hate Americans. Or any Arabs/Afro-Arabs for that matter. Only truly ignorant people will say they do. I have traveled all over the Maghreb and even to Yemen 3 times in the past 5 years and never met anyone who hated Americans - they are just sometimes critical of our government's foreign policies (hell - so are most of us!). Most people recognize the difference between a government and a people.

Edited January 19, 2013 by Sarah and Adnan

[Cathi 5,775]

Morocco is Safe -- Im Catholic and I am American. My Husband is A muslim and From Morocco - we Meet in 2010 - we were Like U guys talking and Keeping everything to are self -- My family did not like me being with him but in the end I came to Morocco By My Self in 2011 SEP and OCT we got married. You could go to Algeria and Marry her or YOu both go to Morocco get marred and apply for the Cr-1 Vias. Just make plans with Algeria American Gov

Muslim women are not allowed to marry out of Islam, ever. Muslim men are. You don't know much about Islam if you don;t know this fact. I am a Catholic woman married to a Muslim male, it's allowed. You are comparing apples to oranges. Algeria is governed by Sharia law, they will not allow her to marry him, EVER.

[together4evr 360]

Is she planning on becoming Christian?

Does she have any family in USA that will come to get her after she comes here?

She is in danger and you might be risking her life

Maybe she can apply for an asylum visa if she is planning to convert to Christianity and then they will allow her to come here

[catknit 144]

You're in a bit of a tight spot - that's for sure.

I would recommend a pm to the user Sofiyya about the whole non-Muslim husband thing. [i haven't seen her online in a long while but she always had some very good, culturally blind Islamic information that I believe stemmed from her work - she is a born/raised Muslim American, if I recall correctly]. Though there may be local [aka Algerian] laws [based on the current iteration of Sharia] that forbid the marriage from happening there are some arguments in the fiqh that allow for Muslim women to marry men "of the book". Yes, it is a SMALL minority but those who feel they are correct have some substantial theological arguments behind it.

If memory serves, Soffiya's first husband was in fact Christian.

http://www.visajourney.com/forums/user/22310-sofiyya/

This, of course, does not help with family and cultural issues but it may help your girlfriend with the theological/spiritual angst at falling in love and wanting to marry a non-Muslim [hopefully of Christian or Jewish stock?].

In no way am I bringing this up to start a whole Muslim fiqh fight about who is right or wrong on this stance - it is all a matter of jurisprudence and interpretation that many Muslim whole-heartedly disagree with, this I know. But, again, there are some small schools of thought that really and truly feel the majority thought is technically incorrect and the OP and much more importantly, his girlfriend, should know about all the jurisprudence behind this so she can make a fully informed decision.

[jaycali 415]

First of all, I'm sorry for the difficult spot you are in! This is a prime example of a case where the US consulate would not give a tourist visa very easily - They'd be scared she's gonna stay in the US and I don't blame them. At the same time, I really don't blame either of you guys for wanting her here. I also

This is one of those situations where she'll likely have to run away from her family.

I would do the following:

1. Lay low - For her safety. Can you safely communicate without her family knowing? If so, do it.

2. Somehow plan to meet somewhere. In your shoes, if she can't leave Algeria, I would plan a short trip to Algeria myself, and stay at a hotel close to the airport. Be discrete, meet her. Say goodbye.

3. Immediately file I-129f for a K-1 fiancee visa.

4. Lay low as you wait it out.

5. Make another trip to Algeria for her visa interview (Algeria consulate can be tough, especially if you've only met once so I'd go with her if possible).

6. Get her out of Algeria as soon as her visa is issued.

7. Settle in the US at an address unknown to her family.

Edited January 20, 2013 by Jay Jay

[jaycali 415]

PS. I would also at least consult with a lawyer about a possible expedite for the I-129f on humanitarian grounds. If you can prove that she is being subjected to abuse and cruelty, or that there is an immediate threat to her life, the petition will be put at the front of the line. An expedite isn't exactly a cake walk to get, but if approved, that would shave months off the entire process.

As with all K-1 applicants - You should really make sure you actually want to marry and spend the rest of your life with this girl. The K-1 is a fiancee visa which requires you to get married within 90 days of her entry to the US.

Also keep in mind when meeting that meeting her is one thing, you also have to prove to the USCIS that you've met her, and that the meeting happened no longer than 2 years prior to the filing of the petition. Take pictures, keep all relevant hotel receipts, flight boarding passes etc.

Edited January 20, 2013 by Jay Jay

[jaycali 415]

Is she planning on becoming Christian?Does she have any family in USA that will come to get her after she comes here?She is in danger and you might be risking her lifeMaybe she can apply for an asylum visa if she is planning to convert to Christianity and then they will allow her to come here

Asylum isn't a visa that you apply for. It's a status you're given once in the country. Most asylum seekers enter the country they apply for asylum in illegally because there's no legal way of applying. Most are placed in removal proceedings because they're illegal, but if their asylum case is valid, they won't be deported because deporting them would be a death sentence.

Edited January 20, 2013 by Jay Jay

[roadster600 0]

Hello ( mimolicious ) i don't think AIDANJ was comparing anything here,,she was just trying to be supportive and trying to cheer the guy up because apparantly the Algerian girl and him are going through a serious issue here and thankfully everyone is being supportive.. And as far as i know SHARIA law does not exist in ALGERIA.

[Jordan7 0]

Thank you all!

I wasn't expecting so many responses, so I'm truly thankful.

We both know the danger. She was thinking about suicide before me. She doesn't want to live with her family anymore. They have all beat her, including her older sister when she was six years old. I don't want to go into details, but her life with her family is not good.

When her dad died, her brothers took over. Thankfully one of her sisters bought a computer with the money, and that's how we have kept in contact.

She will convert to Christianity if she could have the chance without being killed, I'm sure.

It would be very hard for me to go to Algeria, but if I need to I think I would. The USA recommends NOT going there right now. Not to mention she would have to sneak out and be strongly questioned by her brother, who does actually have "retired" terrorists as friends.

Meeting in another country sounds like it could work. She says Turkey is easy to go to. But I don't know how I can guarantee her safety while she stays there alone and without much money. And she can never go back to her family.

It all seems so complicated for us. I love her, she has a very beautiful heart. I wish there was an easier answer, but I won't stop trying ever.

I think I will look into an immigration attorney so thanks for the advice.

If you think of anything else PLEASE post it!

Thank you all!

-Jordan

[jaycali 415]

Thank you all!I wasn't expecting so many responses, so I'm truly thankful.We both know the danger. She was thinking about suicide before me. She doesn't want to live with her family anymore. They have all beat her, including her older sister when she was six years old. I don't want to go into details, but her life with her family is not good.When her dad died, her brothers took over. Thankfully one of her sisters bought a computer with the money, and that's how we have kept in contact.She will convert to Christianity if she could have the chance without being killed, I'm sure.It would be very hard for me to go to Algeria, but if I need to I think I would. The USA recommends NOT going there right now. Not to mention she would have to sneak out and be strongly questioned by her brother, who does actually have "retired" terrorists as friends.Meeting in another country sounds like it could work. She says Turkey is easy to go to. But I don't know how I can guarantee her safety while she stays there alone and without much money. And she can never go back to her family.It all seems so complicated for us. I love her, she has a very beautiful heart. I wish there was an easier answer, but I won't stop trying ever.I think I will look into an immigration attorney so thanks for the advice.If you think of anything else PLEASE post it!Thank you all!-Jordan

I really hope this works out for you. Please keep us posted.

Your main focus right now is to meet in person. This will go nowhere if you cannot meet in person. Since I don't know the specifics of your situation, I can only come up with suggestions. If she can travel to Turkey, great. However, Turkey requires a visa for Algerian citizens as well. Keep in mind also that 1. No country will allow her to stay there during the entire time it takes to get the K-1, and 2. She'll still likely have to return to Algiers for a visa interview.

Check this link Visa Requirements for Algerian Citizens

This is a tough one. I would try to come up with any kind of excuse she could safely give her brothers to "leave the house" for a short period of time. Maybe even see if there are any shelters in Algeria where she could run away to and be safe. If she cannot go to a 3rd country without her brothers hurting her on her return, don't even think about letting her. It will complicate things severely if she applies from a country in which she has no legal residence. I would focus on a way that she could potentially meet you at a discrete place. If she lives in or around Algiers, it could even be in close proximity to the airport. You could literally fly in, get a hotel close to the airport, and leave. Take some pictures of the two of you (perhaps with a newspaper with that day's date), save the hotel receipt, ask for an Algerian stamp in your passport, and leave.

Once you've met in person, you can file the I-129f immediately.

DEFINITELY speak to a lawyer about a possible expedite for the I-129f petition on humanitarian grounds (or even extreme emergent situation). This situation is a prime example of why expedites exist. It may be hard to prove, and the burden of proof is on you, but with an expedite, the petition could take 2 - 4 weeks rather than 3 - 5 months.

USCIS Expedite Criteria

Keep in mind also that you need to prove to the USCIS, and eventually the US Embassy in Algiers that your relationship is bona fide, and your intent is to get married and live happily ever after. This can be very difficult to prove if you've only met in person once. Save any and all chat logs, phone cards, phone bills, skype screen shots - Everything.

Edited January 21, 2013 by Jay Jay