Visa based on Nikkah on skype

[Boiler 45,898]

2 minutes ago, payxibka said:

H1b qualifies as a dual intent visa

Certainly does.

6 minutes ago, Ermin&Zijada said:

Why would you want to marry someone you have never met in person anyways?

Presumably to get out of Pakistan.

[geowrian 22,338]

As has been noted previously, a proxy marriage will not be recognized by USCIS or the embassy until consummated. So you have to meet in person before any immigration benefit can come into play.

If his visa status permits a benefit for a spouse, then you can start the process to obtain that benefit after meeting.

 

1 hour ago, NoProblem said:

Nikkah over Skype and then drawing up a written nikah contract is considered legal marriage in Pakistan when witnessed (over the phone and video) by both sides of bride and groom's representatives.  However, at the time of the interview the embassy may deny you a derivative visa since you would not have met your husband to consummate this marriage.

While legal in Pakistan, this is a circumstance where the marriage would still not be recognized under US immigration law (until consummated...aka meeting in person).

So it's not a "may", but they cannot issue a marriage-based visa under the law:

 

https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-3481/0-0-0-4484.html

"(A) Proxy Marriages .

Section 101(a)(35) of the Act provides that the term "spouse", "wife", or "husband" does not include a spouse, wife, or husband by reason of any marriage ceremony where the contracting parties thereto are not physically present in the presence of each other, unless the marriage has been consummated. (Note: Consummation of a marriage can only occur after the ceremony, there is no such thing as “pre-consummation” of a marriage.) "

[usmsbow 802]

5 hours ago, Hopefulm said:

My family distantly know their family. I've just confirmed that he has got a permit to work visa. No residence/ citizenship.

 OK, that doesn't really change anything. Trust me, if he weren't hiding something*, he'd be more pro-active in making this work. At a minimum, he'd ask you to wait until he's in a more settled situation.

 

*Edited to add: it could be something simple and basic such as his family is pressuring him to marry, but he doesn't want to. I'm not saying it is anything nefarious or immoral necessarily. 

 

  

 

 

 

 

Edited December 27, 2017 by usmsbow

[NoProblem 69]

4 hours ago, Boiler said:

Presumably to get out of Pakistan.

Not really, In Pakistan marriages can happen like that, your family knows the other family and vice versa, someone suggests a marital relationship, families talk to each other and some sort of marriage commitment can be made between the two parties.  In this case, esp. the guy is going to be a doctor so this sort of proposal is valuable to the bride's family as they guy has good prospects.  If he comes from a good (sanding) family then its assumed that he would not have negative baggage attached to him.  This also assumes that the boy and the girl saw each other's pictures and talked to each other (often) on video chat.

Edited December 27, 2017 by NoProblem

[Russ&Caro 1,549]

21 minutes ago, NoProblem said:

Not really, In Pakistan marriages can happen like that, your family knows the other family and vice versa, someone suggests a marital relationship, families talk to each other and some sort of marriage commitment can be made between the two parties.  In this case, esp. the guy is going to be a doctor so this sort of proposal is valuable to the bride's family as they guy has good prospects.  If he comes from a good (sanding) family then its assumed that he would not have negative baggage attached to him.  This also assumes that the boy and the girl saw each other's pictures and talked to each other (often) on video chat.

This is almost word for word the scenario of my Pakistani friends, except it was the woman who had established a professional career in the US and was introduced to her Pakistani husband at the suggestion of both families.

[WeGuyGal 1,052]

1 hour ago, NoProblem said:

If he comes from a good (sanding) family then its assumed that he would not have negative baggage attached to him.  

as in..?

[SusieQQQ 11,587]

1 hour ago, NoProblem said:

Not really, In Pakistan marriages can happen like that, your family knows the other family and vice versa, someone suggests a marital relationship, families talk to each other and some sort of marriage commitment can be made between the two parties.  In this case, esp. the guy is going to be a doctor so this sort of proposal is valuable to the bride's family as they guy has good prospects.  If he comes from a good (sanding) family then its assumed that he would not have negative baggage attached to him.  This also assumes that the boy and the girl saw each other's pictures and talked to each other (often) on video chat.

Yeah, this makes sense, especially as there is probably a decent chance that the doctor’s H1 turns into a green card at some point anyway (judging from the many doctors from my home country now citizens here). Sounds like a good match for her.

doesnt change the fact though that the excuses he has given her for not being able to see her - like being not allowed to come back - are bogus. So there is something not quite right with the situation. Of course - having committed a crime in the US is one reason for being denied re-entry, right? Not saying he has, but other than he is not so keen on this arranged marriage and can’t be bothered coming to visit her, I haven’t really seen any other logical explanations. Because yes, even people from good families do bad things.

Edited December 27, 2017 by SusieQQQ

[Boiler 45,898]

7 minutes ago, SusieQQQ said:

Yeah, this makes sense, especially as there is probably a decent chance that the doctor’s H1 turns into a green card at some point anyway (judging from the many doctors from my home country now citizens here). Sounds like a good match for her.

doesnt change the fact though that the excuses he has given her for not being able to see her - like being not allowed to come back - are bogus. So there is something not quite right with the situation. Of course - having committed a crime in the US is one reason for being denied re-entry, right? Not saying he has, but other than he is not so keen on this arranged marriage and can’t be bothered coming to visit her, I haven’t really seen any other logical explanations. Because yes, even people from good families do bad things.

A guy I used to play Tennis with was always having to put up with this, now he is a Lawyer, quite funny listening to the stories over a beer but then we were not on the other end.

[Coco8 1,042]

Can't you meet in Europe or in any other country?

[Hopefulm 3]

On 12/28/2017 at 11:16 AM, Coco8 said:

Can't you meet in Europe or in any other country?

He won't be allowed to re enter US most probably.

[Boiler 45,898]

2 hours ago, Hopefulm said:

He won't be allowed to re enter US most probably.

Why not?

[SusieQQQ 11,587]

5 hours ago, Boiler said:

Why not?

This really is the key question.

 

@hopefulm, there is no reason at all just based on nationality or any objective factor that he wouldn’t be allowed to re-enter. The fact that he is so adamant about telling you this suggests either (1) he is just lying about it because he doesn’t want to spend the effort to come meet you, or (2)  he has committed a crime or is in violation of a visa status or there is some other factor or act of his that makes him personally subject to denial at entry. 

 

In either of these scenarios, you have a problem. Even though your family knows his family, you are not being told the whole story. I hope you manage to unravel this and do what is right for you. 

Edited December 29, 2017 by SusieQQQ

[Lazybones18 261]

13 minutes ago, SusieQQQ said:

This really is the key question.

 

@hopefulm, there is no reason at all just based on nationality or any objective factor that he wouldn’t be allowed to re-enter. The fact that he is so adamant about telling you this suggests either (1) he is just lying about it because he doesn’t want to spend the effort to come meet you, or (2)  he has committed a crime or is in violation of a visa status or there is some other factor or act of his that makes him personally subject to denial at entry. 

 

In either of these scenarios, you have a problem. Even though your family knows his family, you are not being told the whole story. I hope you manage to unravel this and do what is right for you. 

 

My brother in Law from Pakistan is on OPT visa here ... He also not leaving country until he gains permanent employment in USA ...

 

Just google news search "OPT visa refused entry" and you will be surprised

 

and Yes a lot of things are being done based on nationality when it comes to immigration by the current administration

 

 

[Boiler 45,898]

16 minutes ago, Lazybones18 said:

 

My brother in Law from Pakistan is on OPT visa here ... He also not leaving country until he gains permanent employment in USA ...

 

Do you mean if he gains employment?

[WeGuyGal 1,052]

1 hour ago, SusieQQQ said:

This really is the key question.

 

@hopefulm, there is no reason at all just based on nationality or any objective factor that he wouldn’t be allowed to re-enter. The fact that he is so adamant about telling you this suggests either (1) he is just lying about it because he doesn’t want to spend the effort to come meet you, or (2)  he has committed a crime or is in violation of a visa status or there is some other factor or act of his that makes him personally subject to denial at entry. 

 

In either of these scenarios, you have a problem. Even though your family knows his family, you are not being told the whole story. I hope you manage to unravel this and do what is right for you. 

Did I miss something somewhere?  Last I recall, OP stated her fiance could not leave Pak being a doctor, or something along those lines. Hence he wouldnt risk leaving the US for fear of being stuck in pak.