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Marriage over the phone

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  • #16
    Sometimes the requirement to have met before granting a fiancee visa is waived due to hardship or religious reasons. I read that and was informed of that by immig. attorney last summer. So far this is the only link I found about it but I did have more and will post them when I find them again:
    "The petitioner and beneficiary must have previously met in person within the past two years unless the Attorney General waives that requirement";fiancee.html

    Requirements listed for K-3:
    "For those who wish to take advantage of this new provision, to be eligible for a K-3 nonimmigrant visa, an applicant MUST:

    Be the spouse of a U.S. citizen;
    Have a Form I-130 (Petition for Alien Relative) filed on his/her behalf by his/her U.S. citizen spouse, that is pending;
    Have a Form I-129F (Petition for Alien Fiancé(e)) completed and submitted on his/her behalf by his/her U.S. citizen spouse".

    I had heard marriages were taking place over the phone, particularly with some religious groups but I haven't heard outcomes on visas or adjustments. If a phone marriage meets the requirements in one partner's country maybe that makes it a valid marriage?


    • #17
      Pasha I do agree with you on K-1 visa, you are right that rules still here.
      I know two cases during this time. I did all my reserch on the cases, and FAM, INA, CFR, I was unable to find any thing like phone marriages. I contacted a muslim Qazi, he expain it is allowed in hardship cases, BUT he did not have any explantion, to proof that.
      How Immigration will take this I have no clue.


      • #18
        Yeah sab34,

        This is interesting question. I would like to see the real answer / someone's experience too as I didn't read such case before...


        • #19
          Well I ask another mulla, It is not used every now and then.


          • #20
            Marriage by proxy (i.e., marriage by phone) is not acceptable for CIS purposes. CIS never says anything about consummation what they DO say is the marriage has to be valid and not entered into for the purpose of obtaining an immigration benefit. That is pretty hard to prove if there hasn't been consummation, though.


            • #21
              In doing some research on this I found articles basically saying that for a marriage to be recognized for immigration purposes it has to be consumated (or at least the parties would had to have opportunity for this?) in order to not be considered a sham marriage. I came across this point that was included in a response to an H1 question:

              "2) A valid marriage according to the laws of any country (except proxy marriages under Islamic law) are given full recognition by US laws.

              (Posted on 18 March 2003)

              [Index] [Compiled by Law Offices of Rajiv S Khanna"



              • #22
                During my research, I have checked about 80 marriage certificates, from some countries, along with that Somali Marriage certificate as well. The trick is that the document(Marriage certificates), do not indicate that how marriage was performed)It says in the presence of following witness.
                Now it creates a confusion at this point.
                These are the loopwholes in the law all over the world.


                • #23
                  Sab, I had been told this was happening but couldn't find that explains it!


                  • #24
                    Marriage by Phone is not legal for imigration purposes only acording to imigration law. It is legal for other people. Call 310-673-4000 x 2 for details. An attorney can explain it to you for free.
                    John E Crawford


                    • #25
                      Not to ruin your dreams,but its time to hear it from the horses mouth -

                      Law lesson about the United States -
                      The United States does not,nor ever will recignize a phone marriage,not to mention even looking at it.PERIOD.

                      Secondly,any marriage that takes please outside the US,in other than english language it needsa to be translated professionally,notarized within the country for the country being issued so its satisfied the country laws.

                      Phone marriage is not even being recignized in me thats a joke,that actually people talking about it and what not...kinda pathetic.

                      No Laywer can help you by the way with it,and the one who said "its fine" has problem zero knowledge and no experience....


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