Filing for my Gambian husband

[Sheisyou 2]

That's what I'm telling you there is no marriage license yes it was a religious ceremony we didn't attend we was home no court no judge do again how do you prove that?  By me going to the magistrate that's actually getting married I can't walk into the magistrate and ask them to give me a document that doesn't exist are they going to make a document right then and there for us?  Are they going to go by our word of dates?  No lies are being told 

[Sheisyou 2]

It was through his tribe not the entire country 

[Villanelle 4,122]

Honestly- I dont know much about that country. I can only tell you what I know about USCIS. If the marriage is considered legal where it was done then you are married in the eyes of USCIS. Perhaps contact the location I previously posted and ask them if you are considered married and if they can give you a certificate. If they state your marriage was not legal and they cant help you- then you are single for USCIS purposes. If they state they do recognize marriages like that- then they would be able to advise you on what you need to do to get proof of the marriage.

 

I would hate to see you file the wrong forms or get denied because they feel you are married. Thats why they do the interviews in the persons local Embassy- because they know the customs and laws of the place. If you are considered married by that government then you are married. They may ask about the traditional ceremony or tribe ceremony because they are from there and know that can happen. 

 

Im sure that place mentioned before has an email address. So call or email them and see what they say before file just to be sure whatever ceremony you had wasnt considered a valid marriage in the country.

[Villanelle 4,122]

There are also many posts on VJ from people who are considered "too married for K visa" but not "married enough" for CR visa. You may be in that situation. Basically it means you did something to make USCIS suspect you are married legally or traditionally but you didnt do enough to get the other governments marriage certificate.

 

There is no way to undo what you did, so you can never be "unmarried" enough to get the K visa. Youre only choice in that situation is to become "married enough" to get the certificate to file CR visa. Again, Im not saying you are 100% in that situation. But based on what you said theres a good chance the Embassy will find you "too married" to use the K visa and deny you. Then you spent a bunch of money for nothing and wasted a bunch of time.

 

Are you not interested in getting married now? Is it not technically possible or some other barrier? Because knowing you had a traditional ceremony its a huge risk to to try for the K visa. How will they know? Well they ask you questions and you make sworn statements. If they ask if you had a ceremony you have to tell the truth.

[Sheisyou 2]

I understand what you are saying and I definitely appreciate all the feed back but would not even begin to know how to get a form for this 😒😩😩

[Sheisyou 2]

I'm talking to him about it now and he says there's no paper that the elders perform it so I'm just going to file as single and see what happens 

[Boiler 46,301]

No need for paper, just be prepared...

[Sheisyou 2]

The uscis does not recognize a proxy marriage unless it has been consummated which it was not because I was there during Ramadan

[Boiler 46,301]

You can always go the CR1 route later.

[Sheisyou 2]

Thank you but there will be no later we will be approved there's no reason not too but I appreciate your input I've looked over rules and laws and we are within them I'm always positive 

[Villanelle 4,122]

Well it seems you are confident of the path you wish to take. Best of luck to you!

[Lemonslice 4,991]

If/when they visit his neighbours or his family and ask "Is he married with Antoinette bojang?"  - Will they say yes, we were at the wedding, beautiful and happy couple!  Or will they say, no?

[Sheisyou 2]

They will say no because there was no wedding that anybody attended 

[Unlockable 7,316]

On 8/24/2017 at 0:34 PM, Antoinette bojang said:

Thank you to everyone who's responded to my questions. I've learned he has to go to Dakar, I'm almost don't with the application I said husband because we married traditionally there but not legally. I'm hoping we are approved

 

You have called him your husband more than once and have admitted to a traditional wedding. What people are telling you is that traditional weddings can be grounds for a K1 denial. There have been cases of it on VJ. 

 

Just be aware of the possibility.

[Lemonslice 4,991]

21 hours ago, Antoinette bojang said:

His family knows yes people in his town know yes 

Oh ok, I got confused by your previous statement that you were married.