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  • Info regarding applying for spouse immigration

    I need some information regarding the US marriage laws and spouse immigration. Actually my sister is going to get married to a guy in America who lives in Florida. He is originally from Pakistan but he has American Passport now (Green Card holder).

    The marriage is suppose to be on telephone(maybe video conference). But I heard that now telephone marriages are not accepted for immigration in US. US dont accept the Nikah papers (Islamic/legal proof of marriage in Pakistan which takes place with witnesses) for marriage on phone. Is that true ? Does the guy personally need to come to Pakistan and get married and only then he can apply/sponsor for visa of his wife? Or will the phone marriage be accepted?

    Please I will be gratefull to you if you can reply me ASAP because many things are dependent on what the actual Law says.

  • #2
    I need some information regarding the US marriage laws and spouse immigration. Actually my sister is going to get married to a guy in America who lives in Florida. He is originally from Pakistan but he has American Passport now (Green Card holder).

    The marriage is suppose to be on telephone(maybe video conference). But I heard that now telephone marriages are not accepted for immigration in US. US dont accept the Nikah papers (Islamic/legal proof of marriage in Pakistan which takes place with witnesses) for marriage on phone. Is that true ? Does the guy personally need to come to Pakistan and get married and only then he can apply/sponsor for visa of his wife? Or will the phone marriage be accepted?

    Please I will be gratefull to you if you can reply me ASAP because many things are dependent on what the actual Law says.

    Comment


    • #3
      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by umair:
      He is originally from Pakistan but he has American Passport now (Green Card holder).
      . </div></BLOCKQUOTE>

      Let's start with this. Green Card holder (permanent resident) can't have American Pasport. They are only issued to american citizens. Can you clarify?

      Comment


      • #4
        sorry .. he is a green card holder

        Comment


        • #5
          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by umair:
          The marriage is suppose to be on telephone(maybe video conference). But I heard that now telephone marriages are not accepted for immigration in US. US dont accept the Nikah papers (Islamic/legal proof of marriage in Pakistan which takes place with witnesses) for marriage on phone. Is that true ? Does the guy personally need to come to Pakistan and get married and only then he can apply/sponsor for visa of his wife? Or will the phone marriage be accepted?. </div></BLOCKQUOTE>

          Can't find the law (can't get used to the new USCIS web-site), but on the form I-130 it says:

          3. For Whom May You Not File?

          D. A husband or wife, if you and your spouse were not both not physically present at the marriage ceremony, and the marriage was not consummated.

          Comment


          • #6
            ...your sister is going to get married by telephone? Excuse me already, but America is a First-World country and we intend to keep it this way.

            In any event, if your sister marries a Permanent Resident (legally marries him in a face-to-face ceremony and has actually met him in person), she will not be able to immigrate to America immediately.

            Your sister's husband, having done more than reciting his marriage vows on an international telephone call, will have to file the required application with USCIS. Once your sister's priority date becomes current, after several years, she will be called to the U.S. Embassy for an interview and possible issuance of an immigrant visa.

            Comment


            • #7
              Thanks for reply but I know about the immigration thing and that they guy has to file the case for immigration.
              My question was are the proxy marriages accepted for immigration? Because what I have heard now is that husband and wife must be physically be present where the marriage takes place. After that husband/wife (whoever is green card holder) will apply for spouse's immigration. I know 2 3 cases in which this proxy marriage took place. It was same situation like the guy was green card holder and was in states and marriage took place on telephone with witnesses on both ends. And they applied for immigration. But now someone said the guy cant even apply for immigration for proxy marriage.

              Comment


              • #8
                Umair: Your question has already been answered. Simply because you don't like the answer doesn't make it wrong.

                The law in Pakistan is NOT the law in America.

                America is a sovereign country, and has the right to decide its own laws...and your sister and her...er, future (proxy) husband have to adhere to them if they wish to live here.

                With all due respect to Pakistan, you would think that they would appreciate a country in which the rule-of-law applies.

                Comment


                • #9
                  I never said i didnt like the answer. All I wanted to know now was if that law changed in last few years coz I knew 2 3 cases of proxy marriages.

                  Comment


                  • #10
                    If that marriage is acceptable in that country, then it is acceptable for immigration.

                    You can also check with the US Embassy in that country.

                    Comment

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