not consolidated marriage under US law

[azagurfa 0]

I just got my approval letter for fiance application. Now am appling for k1 visa but my problem is am aleardy married in my country back in 2006 by proxy (that's very common practice in muslim countries), knowing that I have never been to sudan since 2001 , someone advise me to apply for fiance visa because this marriage is not consolidated marriage under US law and also because its much faster to process fiance visa and I did just that. my problem is ! I have attached my married certificate with the fiance application , I don't know how my wife would explain this marriage certificate when she called for interview .

I would be very gratefull if some one help me on this .

regards,

[huntherx17 0]

u mean "considered" not "consolidated"

[Penguin_ie 5,988]

Is it a legal marriage in Sudan? if so, it most likely will be considered a legal marriage in the USA too... even if not, you may have a hard time explaining that. Why did you attach the marriage cert to your petition if you are going for a fiancee visa?

Another potential issue: you say you have not been home since 2001, so when did you last meet your fiancee/ wife? You need to have met within the last 2 years for the visa.

[L179 1]

if they recognize the marriage certificate then your fiance visa will not be accepted/approved

[azagurfa 0]

its been 8 years since last i met with my fiance and that due to alot of issues concerning civil war and genocide in darfur but i have many documents that prove we have on going relations throughout these years and that it's almost impossible to get there for those reasons. I quess that was the reason the approval of my case .

[azagurfa 0]

that make sense and gave me alot hope.......

[baron555 934]

its been 8 years since last i met with my fiance and that due to alot of issues concerning civil war and genocide in darfur but i have many documents that prove we have on going relations throughout these years and that it's almost impossible to get there for those reasons. I quess that was the reason the approval of my case .

For the K-1 Visa, you have to prove that you met each other within 2 years prior of filing. If you haven't met since 8 years ago, your petition will be denied.

Read the guides and do your homework. Sounds like you are already married and therefore the K-1 is not the visa for you.

[JimVaPhuong 4,863]

its been 8 years since last i met with my fiance and that due to alot of issues concerning civil war and genocide in darfur but i have many documents that prove we have on going relations throughout these years and that it's almost impossible to get there for those reasons. I quess that was the reason the approval of my case .

The war in Darfur would probably qualify as grounds for a hardship waiver of the 2 year meeting requirement.

Also, proxy marriages are not recognized in the US, even if they are recognized as legal in the country where the proxy marriage took place, UNLESS the marriage was consummated (i.e., you and your husband had sex) AFTER the proxy marriage took place. If you have not physically met your husband since the marriage, then you are not married as far as the US government is concerned.

This is one of the most unique cases I've seen on VJ yet. Two fundamental rules of the K1 have been broken, but the petition is probably valid anyway.

[azagurfa 0]

thanks brother you seems like quite knowledgeable person .

'' If it were me, I'd send my SO a letter explaining the situation to take to her interview.''

please if you can be so kind what's ''SO''.

Regards,

[Stephen + Elisha 92]

thanks brother you seems like quite knowledgeable person .

'' If it were me, I'd send my SO a letter explaining the situation to take to her interview.''

please if you can be so kind what's ''SO''.

Regards,

SO = significant other, a common term used on the forums for one's spouse or fiancee.

[Minya's wife 24]

its been 8 years since last i met with my fiance and that due to alot of issues concerning civil war and genocide in darfur but i have many documents that prove we have on going relations throughout these years and that it's almost impossible to get there for those reasons. I quess that was the reason the approval of my case .

It is not "consolidated"...I think you mean "consumated", as in you haven't had intimate husband/wife relations?

For the K-1 petition to be approved you have to prove that you have physically seen/been with your fiancee withing the past 2 years. It is the only hard rule that seems to be a constant. In very rare cases, (and I don't think I've seen of a successful case in my time here on VJ) an exemption can be made to this rule if you can prove that due to religious or cultural rules you are not able to meet your fiancee.

I understand that the civil upheaval in your fiancee's country prevents you from going there, but as far as USCIS is concerned, you can both go to a 3rd country to meet and satisfy the petition requirement of meeting before filing the petition.

As for you having filed the I-129F (the K-1 visa petition) and having included a marriage by proxy documents, you have pretty much garnered yourself a petition denial. The I-129F stipulates that you are both unmarried....being married to each other, even if by proxy, would mean you have to file for a spousal visa, not fiancee visa.

[Stephen + Elisha 92]

its been 8 years since last i met with my fiance and that due to alot of issues concerning civil war and genocide in darfur but i have many documents that prove we have on going relations throughout these years and that it's almost impossible to get there for those reasons. I quess that was the reason the approval of my case .

It is not "consolidated"...I think you mean "consumated", as in you haven't had intimate husband/wife relations?

Yes, I think that's what he meant—and that's key to this case. See below.

For the K-1 petition to be approved you have to prove that you have physically seen/been with your fiancee withing the past 2 years. It is the only hard rule that seems to be a constant. In very rare cases, (and I don't think I've seen of a successful case in my time here on VJ) an exemption can be made to this rule if you can prove that due to religious or cultural rules you are not able to meet your fiancee.

I understand that the civil upheaval in your fiancee's country prevents you from going there, but as far as USCIS is concerned, you can both go to a 3rd country to meet and satisfy the petition requirement of meeting before filing the petition.

He says USCIS already approved the petition, so apparently his documentation satisfied the requirements for a waiver of the 2-year rule.

As for you having filed the I-129F (the K-1 visa petition) and having included a marriage by proxy documents, you have pretty much garnered yourself a petition denial. The I-129F stipulates that you are both unmarried....being married to each other, even if by proxy, would mean you have to file for a spousal visa, not fiancee visa.

Please read JimVaPhuong's post above. US law does not recognize marriage by proxy unless it has been physically consummated subsequent to the proxy marriage. The marriage is not recognized under US law regardless of whether another country recognizes the marriage as valid. They are ineligible for a spousal visa.

Again, his petition was approved by USCIS. His concern is with the interview. It's an incredibly complicated case, and a lawyer would probably be immensely helpful in preparing them for the interview.

[sara..... 371]

i really hope that the poster keeps us all informed about the out come of this interview, like someone else said this is a very interesting case, one i have not seen here before, but also something im very interested in seeing the out come on, for my own personal reasons.

sara

[Minya's wife 24]

Azagurfa,

Can you please provide us a timeline of your process? It is a little confusing to ascertain where you are in the process. Has your I-129F petition been approved here by USCIS? Are you now waiting for an interview? Have you been in contact with the consulate regarding your question?

[azagurfa 0]

yes I meant consumated not consolidadted , and yes USCIS already approved my petition I think documentations I presented regarding darfur war and and the documentation that refers to on going relations (money transfer receipt for years back to the present) and also I think for the fact that they did not considered my proxy marriage is a legal marriage . I need help for what my fiance would say during the interview if her luck put her with really hard interviewer although the USCIS allready saw my sudanese marriage certificate and they did approve the case.

best regards to you all.