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  • Marriage over the phone

    I am from Pakistan ... applied I-140 & I-485 last year in Feb ... got my finger prints done last May just got my 140 Approved ... seeing wicked delays in 485, thought i could use Advance parole ... asked this question in this board about couple weeks ago but was told not to do it ...
    Problem is i have done my Marriage over the phone few years ago, so when i applied my 485, i wrote my spouses name and submitted marriage certificate (from Pakistan, in English as well as in my Language too) ... i was told by my attorney (He is satisfied and confident) that once i get my green card i can apply her petition and it should be no time that she 'll be here ...
    Some friends of mine say that the American consulate in Pakistan will not consider this marriage (over the phone) as a legal and will not issue an immigrant visa for her ... they suggested i should travel (through advance parole) and get married now (b4 485 is approved) and then American consulate should not have any issues. But, as said earlier, i can 't travel.

    I am just confused now and the only thing i want is that when i get the GC (which is taking very long), i do not have any issue in bringing my wife here.

    Any tips, anything i can do now or should do now.

    Greatly appreciated your suggestions

    Some friends told me that i should 'nt have done it (over the phone) as i was waiting for reply on my Labor certification, but ... it was done

  • #2
    I am from Pakistan ... applied I-140 & I-485 last year in Feb ... got my finger prints done last May just got my 140 Approved ... seeing wicked delays in 485, thought i could use Advance parole ... asked this question in this board about couple weeks ago but was told not to do it ...
    Problem is i have done my Marriage over the phone few years ago, so when i applied my 485, i wrote my spouses name and submitted marriage certificate (from Pakistan, in English as well as in my Language too) ... i was told by my attorney (He is satisfied and confident) that once i get my green card i can apply her petition and it should be no time that she 'll be here ...
    Some friends of mine say that the American consulate in Pakistan will not consider this marriage (over the phone) as a legal and will not issue an immigrant visa for her ... they suggested i should travel (through advance parole) and get married now (b4 485 is approved) and then American consulate should not have any issues. But, as said earlier, i can 't travel.

    I am just confused now and the only thing i want is that when i get the GC (which is taking very long), i do not have any issue in bringing my wife here.

    Any tips, anything i can do now or should do now.

    Greatly appreciated your suggestions

    Some friends told me that i should 'nt have done it (over the phone) as i was waiting for reply on my Labor certification, but ... it was done

    Comment


    • #3
      Marriage over the pohone is not considered as genuine marriage by USCIS any longer. May be 20 years back USCIS was not that smart.

      Comment


      • #4
        Is marriage over the phone the same as a proxy marriage, like prison inmates do? Might be worth looking into.
        Sweet Madame Belu

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        • #5
          how is a marriage over the phone consummated? over the phone? if you marry over the phone, will that on 3-way or how? who would declare you married-the phone operator?

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          • #6
            The marriage has to have been consummated and both parties have to be physically present. If you search around on the USCIS website, you'll find that somewhere. I'd get the link but I don't have the time right now.
            Have a nice day

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            • #7
              a marriage is not valid/complete until its consummated, in the eyes of US laws.

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              • #8
                What do you mean the marriage wasnt consumated??? What... you never heard of phone sex....

                [This message was edited by 4now on February 27, 2004 at 10:28 AM.]

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                • #9
                  All the witnesses were there as well as the lawyers, it was done properly (no fraud) and then marriage certificate was sent to me for my signature ... i kept one copy and returned another. The only thing did 'nt happen is that she did 'nt move with me ...
                  The only intention i had then was to bring my wife here as soon i get my GC ... and thats all ... now if its not possible could u tell me what can i do to get my wife here rather sooner.

                  Is there any kind of visa or anything that i could submit for her once i get my GC, which does 'nt take that long.
                  Appreciate your reply

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                  • #10
                    Never heard of such case... I don't think its valid ... any overseas marriage should be done in that country according to local customs ...( marriages not done in USA)

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                    • #11
                      I'm very curious where people get the idea a marriage has to be "consumated" to be legal. Marriage is civil matter which has legal requirements. That theory would assume anyone who could not perform the "consumation" could not legally be married.

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                      • #12
                        I am not sure about the consumation issue, perhaps it is an urban myth, butit is definitely important to look into this.

                        If you are required to consummate your marriage for it to be considered valid, people would never really know unless you have not seen each other face to face since your wedding... which appears to be implied by the phone marriage.

                        Definitely check into the validity of this claim.

                        If for any reason (such as the one stated above) there are problems with the marriage, is there any chance that she could get a visa to the USA, or to a neighboring country such as Mexico.

                        If so, it would avoid your having to apply for advance parole and you could still perform the marriage ceremony in person (i.e. here in the USA, then she could leave... or you could travel somewhere like Ciudad Juarez in Mexico, which only requires a drivers license to be readmitted)

                        Of course, if you decide to go the Mexico route, just double check and make sure that a day or weekend trip to mexico does not violate your status in any way (you should have no problems re-entering, but when you apply you would have to indicate that your marriage was in Mexico, and I do not know if this could cause you problems or not)

                        Comment


                        • #13
                          Untill 1989, Any US Citizen wish to get married in Foreign Country, they used to Contact the Consular Officer, and invite them to attend the marriage. Consular Fee is charged for this Service and the Consular Officer used to issue a Certificate of Witness to Marriage, Which include the names of Husband and wife, date of marriage place of marriage, name of the court, Country. Passport details. Consular Officer signed, with the seal of the Embassy, Consular Setion. It is the valid document. Many USC do have that documents. Now consular Officer can not issue or witness the marriage since.

                          US marriage certificate was only valid document for Immigration for long time and people use to came to US to get married. if I recall correctly this law was changed in 1976, If a marriage is valid in the country which it is perform, it is valid in the US as well as for Immigration.
                          2= Phone marriages are valid in many countries people do get married on phones: and this provision is allowed in Muslim marriages.
                          BUT: Groom had to give his consent to his parents/relatives in the form of Sworn statement that he accepts the selection of the bride, two Qazi had to be present one at girls side other had to be at groomes side with all the witness at both the side.
                          This type of marriages were performed in many places, like Somila, Sudan, Pakistan, India. etc. I know a Somali guy who works for US Govt. got married in same manner. I think this is allowed due to hardship.

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                          • #14
                            Sorry I miss one thing: I am not a minister of religious, or professional in a religious occupation. all above info is from my expirence.

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                            • #15
                              Thanks for information what was going on in past ....

                              Well as I said before I don't know any case or something like this happened ... never heard of such ... but nowadays I guess after all terrorist attacks and other threats .... Immigration policies are different and I don't think marriages over phone call are valid ... though I may be wrong here .... But all I know is if you get married in other country than USA then you have to get married according to their customs and once again for immigration purpose they do need photographs for wedding ceremony .... So probably you have to meet your wife and do marriage in person ...

                              Even for fiancée visa it is required that you met your spouse once at least in past ... so don't know .... May be consult an experienced lawyer might a good idea to know the correct answer on this one ... Good luck ... Pasha

                              [This message was edited by Pasha Patel on February 28, 2004 at 12:59 PM.]

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