I need urgent help with re-filing I-130

[mizzUsa 7]

Hi VJ members. I need someone to help me as much as possible. I cannot afford an attorney. Here is how my case .

I got married by proxy (did Nikaah on phone) in October 2011.

Husband was physically present in Pakistan but I was here in the U.S.A.

Filed I-130 petition in November 2011.

Went to Pakistan and had the wedding ceremony in February 2012.

From Feb 2012 to May 2012 I lived with my husband.

In May 2012 I got RFEletter from USCIS saying that I was not present in the wedding in Pakistan which was on October 2011 and to send in proof of my trip during that time. I submitted photos & copies of my passport pages & ticket showing the trip in February 2012. I wrote letter explaining the Nikaah on phone and going later in February to get married,

In July 2012, I got denied letter from USCIS.

I am going to re-file but how should I re-file?

Should I re-file with the same marriage certificate with the date of October 2011 even though I wasnt present in Pakistan, or should I make a new marriage certificate with the date of February 2012 where I was with my husband?

Will USCIS accept my petition if I re-file?

What evidence should I send with my petition?

How can I make my petition case strong to get approved?

Please help me as best as you can with much info and as soon as possible. Thanks and may god bless you.

[dwheels76 5,463]

Hi VJ members. I need someone to help me as much as possible. I cannot afford an attorney. Here is how my case .

I got married by proxy (did Nikaah on phone) in October 2011.

Husband was physically present in Pakistan but I was here in the U.S.A.

Filed I-130 petition in November 2011.

Went to Pakistan and had the wedding ceremony in February 2012.

From Feb 2012 to May 2012 I lived with my husband.

In May 2012 I got RFEletter from USCIS saying that I was not present in the wedding in Pakistan which was on October 2011 and to send in proof of my trip during that time. I submitted photos & copies of my passport pages & ticket showing the trip in February 2012. I wrote letter explaining the Nikaah on phone and going later in February to get married,

In July 2012, I got denied letter from USCIS.

I am going to re-file but how should I re-file?

Should I re-file with the same marriage certificate with the date of October 2011 even though I wasnt present in Pakistan, or should I make a new marriage certificate with the date of February 2012 where I was with my husband?

Will USCIS accept my petition if I re-file?

What evidence should I send with my petition?

How can I make my petition case strong to get approved?

Please help me as best as you can with much info and as soon as possible. Thanks and may god bless you.

No you wouldn't use your Nikaah marriage certificate because USCIS already have denied that and I would gather consider it invalid. You are considered married when you went there and got married used that certificate.

Now that you are refiling you can of course use all the evidence you used before I guess. Now add your visit, visa stampsm chats photos of you and family and friends.

As far as making your case strong you really should be directing this towrds the Pakistan forum because males go into Mandatory AP and I don't knw if you have red flags and all. There are many many knowledgeable Pakistan wives here EAbbas is one. I will make sure she reads this. I remember reading youru post from earlier.

[mizzUsa 7]

SO should I get a new marriage certiciate with a new different date??

[EAbbas 213]

I found this link maybe it makes it more clear to you? Sounds as if you can use the date of your proxy marriage but load it with proof you were together AFTER the marriage and without a doubt were able in that time to consummate your marriage. You can't get a different nikah since you already married and you can't change the date you got married. You just need to load this refile with your proxy nikah and complete proof that you were there after the proxy marriage... boarding passes, passport copies of the visa to pakistan, hotel receipts, dinner receipts, loads of pictures of you two together, you two with family, both of you in various places you visited... Frontload this petiton well!!!

http://www.state.gov/documents/organization/86920.pdf

9 FAM 40.1 N1.3-1 Consummated

(CT:VISA-1000; 09-03-2008)

For the purpose of issuing an immigrant visa (IV) to a “spouse,” a proxy

marriage that has been subsequently consummated is deemed to have been

valid as of the date of the proxy ceremony. Proxy marriages consummated

prior to the proxy ceremony cannot serves as a basis for the valid marriage

for immigration purposes.

Quick question... did you file your first petition before going to visit? or AFter

Edited July 11, 2012 by EAbbas

[EAbbas 213]

Hi VJ members. I need someone to help me as much as possible. I cannot afford an attorney. Here is how my case .

I got married by proxy (did Nikaah on phone) in October 2011.

Husband was physically present in Pakistan but I was here in the U.S.A.

Filed I-130 petition in November 2011.

Went to Pakistan and had the wedding ceremony in February 2012.

From Feb 2012 to May 2012 I lived with my husband.

In May 2012 I got RFEletter from USCIS saying that I was not present in the wedding in Pakistan which was on October 2011 and to send in proof of my trip during that time. I submitted photos & copies of my passport pages & ticket showing the trip in February 2012. I wrote letter explaining the Nikaah on phone and going later in February to get married,

In July 2012, I got denied letter from USCIS.

I am going to re-file but how should I re-file?

Should I re-file with the same marriage certificate with the date of October 2011 even though I wasnt present in Pakistan, or should I make a new marriage certificate with the date of February 2012 where I was with my husband?

Will USCIS accept my petition if I re-file?

What evidence should I send with my petition?

How can I make my petition case strong to get approved?

Please help me as best as you can with much info and as soon as possible. Thanks and may god bless you.

You did not file using the fact you were able to consummate your marriage... you should have waited until you were there with him... you should be ok as long as you use the information given to you on your other thread and the info given here with the link provided... Just be sure you frontload this new petition showing you were there AFTER to stay and live with him showing that a the proxy marriage was consummated

[NigeriaorBust 4,087]

To file the I 130 you have to have an immgration recognised marriage. In your case proxy + consumation. You were denied because you didn't have both. So you can file a new one with the old certificate and the "new' consumation evidence.

[talean nawaz 41]

You had to have consummated the marriage before filing, not during processing. If you file now, you should be fine! Story sounds familiar... i think i know who you are...

[William33 110]

moved to South Asia forum for best response.