we dont have pictures and we haven't been to each other's country

[Anh map 2,098]

OP do some searching here on VJ for "proxy marriage." There are some VJ members (Paris Heart is one member who hs posted extensively) that have experience with spousal petitions (you will want to to the CR/IR1 rather than the K3, K3 is practically obsolete). The proxy marriage path is very difficult.

There is no requirements of actual wedding photos. Photos of a couple together are typical evidence of meeting in person.

Along with the proxy marriage challenge it sounds like you two have another challenge, proving that it is not possible to meet face to face prior t filing the petition. Again, do some research to learn what is required to prove that it is impossible for the two of you to meet ANYWHERE in the world.

Best of luck, you two do have extra sets of challenges ahead.

[Laura_Z 1]

Hi Nab, I just wanted to say I am sorry for all the heartache you are going through.. I've been there and I thank God a million times it's over. Now, I would like to suggest for you to write letters to consulates and political figures to see if there are any suggestion THEY can give you.. They have seen this kind of case probably and already know the outcome. It is a very tricky situation you are in unfortunately and regardless of the country you are in or whatever else, it would be tricky for anyone. See if there is any way the laws of your country can help you to prove why, for moral reasons, you as a single woman could not travel alone to see your husband, what detailed medical explanations stop you from traveling and things like that. You need to keep a rational grip on reality, and be prepared for a denial. If you do get a denial, you can probably try again, but you would have to rethink the whole process and probably go out of your way to actually see him in person. All the best to you!

[pushbrk 12,115]

i am so stressed out reading all these forums and seeing AP after approval and denials and such... really need things to go smoothly, we have been waiting so long before filing, but his education is now completed and i have had many health issues so really need him to get here quickly!

one thing i keep seeing listed as a necessity is photos of the wedding. we have none. we got married via phone and even if i had been there in person no photos would have been allowed. his family was mostly there, father and brothers, though mother of course was not allowed to go to mosque.

we have our nikah nama (notarized by ministry of foreign affairs), have marriage registration certificate/number (where it is filed with govt) and have a city court judge affidavit as well.

as for proof of ongoing relationship, before we were married we had many phone calls and many yahoo calls (thankfully free, i dont know what we would do without them! we would go crazy!!) and since marriage last year we have had a call plan on home phone for when internet is down (500 minutes a month that we usually go over = NOT good!) as well as cell calls for emergency or when i'm out of home if i am missing him too much (way too expensive) and of course free yahoo calls every day pretty much 16+hours a day on days i'm home (ok we are weird but soemtimes we even nap "together" we cant stand to be apart!) and some days less if we're fussing or are outside home.

thankfully i have multiple computers/laptops and can set him up wherever i am in house and we spend time together like that... he uses bluetooth on his end so he also isnt tethered to computer. most days it's like he is right here except he just isnt

anyway, we have no plane ticket stubs, no pictures together (neither of us are wild about photos in first place so wouldnt have any, or many, even if i were there)... neither of us have many photos in general!

he is part of our every day life, he guides and counsels our child (my child from previous marriage, divorced in 2003) and he is such a support to me daily.

his tourist visa was denied last year, to come see me in person before we married, and i cannot travel there due to health issues (although if i could have i dont think it proper for me to travel there alone before we were married but at this time i would travel there alone if i had the finances and health!)

it kills me to think that this might mess up our immigration visa because we've never been physically together yet . it was a sacrifice we were willing to make but now i am so afraid this will cause a denial!

i DO have a letter from my doctor stating i cannot travel (written last year and could get an updated one for this year if needed) and he has the visa denial (they didnt believe he had enough holding him there to return to Pakistan after the visit but he would not have risked his education when he only had less than a year to go!!)...

would that be sufficient 'proof' to them why we have not been to each other's countries?

`

if you have any other ideas of things we could use as proof of marriage/ongoing relationship... we have our feelings but those cant be shown on paper

Proxy marriages (parties not together physically for the marriage act) are not recognized by USCIS for immigration purposes without evidence the marriage has been later consummated. So, unless you've been together in person and have evidence of same, your petition would be denied. Even after consummation, there can be issues with acceptance for petition approval. Getting through an actual visa interview carries an even higher standard of evidence of a bona fide ongoing relationship. Time to buy a ticket to see your spouse in person BEFORE filing any petition.

[pushbrk 12,115]

OP do some searching here on VJ for "proxy marriage." There are some VJ members (Paris Heart is one member who hs posted extensively) that have experience with spousal petitions (you will want to to the CR/IR1 rather than the K3, K3 is practically obsolete). The proxy marriage path is very difficult.

There is no requirements of actual wedding photos. Photos of a couple together are typical evidence of meeting in person.

Along with the proxy marriage challenge it sounds like you two have another challenge, proving that it is not possible to meet face to face prior t filing the petition. Again, do some research to learn what is required to prove that it is impossible for the two of you to meet ANYWHERE in the world.

Best of luck, you two do have extra sets of challenges ahead.

The bole above applies only to a K1 case. For a spouse the issue is consummating the marriage but he "evidence" is the same. The difference is that USCIS will NOT approve the petition without evidence of consummation. There's no way to waive that, not even the slightest chance like there theoretically is in a K1 case.

[Filipinawife0210 15]

we have filed a i-130, as well as i-129f... both were accepted and RFE is gone from our case status. i am just concerned we may need to show more at interview level...

back to topic, any suggestions on what additional things we can show other than wedding pictures? and what other items (other than massive amounts of call logs) to show ongoing relationship?

thanks

NOA1 is just a statement from the USCIS that they have RECEIVED your petition. As stated MANY times above, your concern is in the wrong part of the process. Several fine folks have told you what you need to be concerned with. They are correct, and you telling them that they are giving incorrect info is futile. You need proof that the proxy marriage was consummated. Plain and simple. Without it, you are wasting your time as well as a lot of hard earned money. Not everyone on this site are legal professionals, but 99% of the more experienced posters, are correct 99% of the time. Take their advice!

Edited August 6, 2010 by Filipinawife0210

[sachinky 464]

Zero, and I do mean, zero chance of this visa being approved. Let alone from Pakistan.

If I were you, I'd stop worrying about pictures and focus my energies on meeting somewhere in person, however difficult it might be.

Proxy marriages are not considered valid for immigration purposes unless there is proof that the marriage has been subsequently consummated.

If you don't believe us, you can always call a lawyer.

[thongd4me 69]

Aside from seconding the others who said that you can't get any type of

fiancé or spouse visa without having physically met, I have to add that

before meeting my wife, I had other online "friends" who I thought I had

some form of "empathy" with.

Most of them I never met and although we got along very well as friends,

I didn't see the urgency of "this is the one" with any of them. Some I did

meet and the SHOCK of meeting with someone in person only to find

out that they were 180 degrees different from the online impressions

I had formed was a major wake-up call. When I met my wife my opinion

of her did not change one bit but grew stronger. When that happens,

you have a keeper.

The reason why the provision for meeting in person is such a

very inflexible one is because it makes sense.

[belinda63 2,981]

Without reading all the post I can say that for the marriage to be considered a valid marriage in the eyes of US immigration it must have been consummated.

[Nik+Heather 121]

Zero, and I do mean, zero chance of this visa being approved. Let alone from Pakistan.

If I were you, I'd stop worrying about pictures and focus my energies on meeting somewhere in person, however difficult it might be.

Proxy marriages are not considered valid for immigration purposes unless there is proof that the marriage has been subsequently consummated.

If you don't believe us, you can always call a lawyer.

I think that's good advice, and I'll add to it by suggesting that she consult with more than one lawyer as well, because the first one might be a bad apple who will take her money to "try" all the while telling her it's possible and billing her while knowing it's not.

[thongd4me 69]

Without reading all the post I can say that for the marriage to be considered a valid marriage in the eyes of US immigration it must have been consummated.

Those that have been consummated in petri dishes don't count...

[lance1002 0]

Sorry about your situation, the thing is immigration does not allow proxy marriage and you can file the petition and stress yourself out but it will not be approved. What you should have done was to file for a fiance visa vs marrying him over the phone. If maybe somehow the marriage is not valid you may still be able to file. I say consult an immigration attorney there might be a loop hole somewhere. If you continue to process the papers the way that you are doing it you are just in for more stress, money and time down the drain.

[Justine+David 218]

This is the least of your worries, but FYI, your K3 will be converted into a CR1 (another type of marriage visa) once it reaches the NVC as the NVC is administratively closing K3s.

[HannahP 119]

I think the OP might benefit from reading through that USCIS site of the petitions that were approved/denied after being sent back to the US for reconsideration. If the OP decides to go the K1 route & file using her medical condition as grounds for not meeting in person first, reading those petitions will help her understand exactly WHAT the USCIS wants to see in regards to medical documentation. A certain diagnosis, even a doctor's note, isn't always enough.

[inloveVEN 46]

Hi

According to USA Law, proxy marriages are not taken in account as legal, is it needed to be consummated in any time. Additionally you need a document that let USA know that this is a valid marriage in the country where it was originated. so this not going to be an easy path.

but just trying to help.

is it possible for you, to take a short trip to a foreign country, like Mexico ( via train), Bahamas, Any Caribbean Island where you both can met in person.I am talking about a place where he doesn't need a visa and you can make an small trip ( of course, really i dont know what health issues do you suffer ). and then go back.

Here you can do two things:

1 - Get Married , go back to your place and start CR-1 process

2 - start a K-1 process

I know it meand money, but i read that he was asking for a turist visa.

Another think is he can try again for a turist visa. There are no limits about it.

[BobandXiaomei 14]

I hope your health improves quickly and that you are able to travel. But as pushbrk and many others have said marriage by telephone and never having met will simply not pass. So be prepared for that. You might consider withdrawing the petition and not waste your money any further on that submission. Once you are able to meet in person, marry and consumate the union then re-apply. I think we all realize that there are cultures where this would be accepted. The USA is not one of them.

Good Luck to you both.