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  • HBKHBK
    replied
    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 Europe....to 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....

    Leave a comment:


  • JC2123
    replied
    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.

    Leave a comment:


  • Still Learning
    replied
    Sab, I had been told this was happening but couldn't find documentation....so that explains it!

    Leave a comment:


  • sab34
    replied
    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.

    Leave a comment:


  • Still Learning
    replied
    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"

    http://www.immigration.com/faq/familygreen.html

    Leave a comment:


  • BronzeLady
    replied
    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.

    Leave a comment:


  • sab34
    replied
    Well I ask another mulla, It is not used every now and then.

    Leave a comment:


  • Pasha Patel
    replied
    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...

    Leave a comment:


  • sab34
    replied
    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.

    Leave a comment:


  • Still Learning
    replied
    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" http://travel.state.gov/visa;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".
    http://uscis.gov/graphics/publicaffa...life081401.htm

    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?

    Leave a comment:


  • Pasha Patel
    replied
    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.]

    Leave a comment:


  • sab34
    replied
    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.

    Leave a comment:


  • sab34
    replied
    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.

    Leave a comment:


  • Spouse
    replied
    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)

    Leave a comment:


  • billiedance
    replied
    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.

    Leave a comment:

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