Hello to all

i m a US citizen originally from pakistan. Pretty soon i will be getting marry. The girl is in pakistan. And i am getting marry to her over the phone and then file her petition. Do u guys think that it will cause me any trouble getting her case approved since we will be getting marry over the phone? Will it cause any complications in the interview process?

Thank you in advance for ur opinions.

I think you are going to have a really rough time about this one if not to say IMPOSSIBLE, already they give hard time for folks doing things the normal route, with getting married over the phone or over the internet I don't think that's an acceptable medium when USCIS is concern, the other question Have you met your fiancee within the past 2 years, how can you get married over the phone? what kind of proof you will bring for the interview, that would be waisting your money and become laughable.

Have you ever been together with her real life?

yes i visit every year. i know her for few years now.

ok but the marriage must take place somewhere. I have never heard that it's posibble over the phone

Can you go there in person and get married to her?

That would help your situation and reduce your chance of being rejected, as it would be very difficult to prove that you 2 got married. Can you go the K1 visa route since you have been meeting each other every year, therefore passed the requiment of having met within the last 2 years.

ashar

AOA,

i think you should come to Pakistan and get married in a regular manner, telephonic Nikkah is not considered valid, it is clearly mentioned on I-130(that form that u will be submitting when u apply for ur wife's visa), that
"
3. For Whom May You Not File?

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

Regards

Aftab!

thanx for ur opinions

I agree with aftab go and get married in Pakistan as when u get married on phone you dont have any proof of it as you said you go every year Pakistan so when you go next time get married there.

Ashar,
According to the I-130 instructions if you look at item 3 alphabet D you will find these words:

For whom you may not file?

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

It appears from this statement that you would not be eligible to file and I-130 unless you were physically present at your wedding ceremony and consumated the marriage.

All the best!

This case "Phone Nikkah" or marriage was acceptable to USCIS till 2002 I believe but then they stopped accepting it. So there is no way, phone marriage would be accepted under law so its better if you go over there and get married. Also you can file an I-129F petition for a Fiancee (K-1 visa) and have her come on that to US and then get married and file Adjustment of Status. K-1's are generally faster than I-130 (CR-1) or K-3.

Hope that helps. Best of Luck,

Kind Regards,
Shakil

USCIS will surely deny the application if the wedding has not taken place with both individuals being physically present. This is documented in the I-130 FAQ. They do not recognize an e-wedding [electronic] on in your case a t-wedding (telephone)

Good luck!

If I were you, I would file a K1 one. Seems like Vermont whips through those faster than any other application.