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Fauzi97

issue with marriage certificate

By Fauzi97 in IR-1 / CR-1 Spouse Visa Process & Procedures

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Fauzi97 Newbie

Fauzi97   0

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Filed: Other Timeline
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My husband and I got married in the U.K. We had a religious marriage and have a nika nama. I couldn't stay long enough for a civil ceremony because of work. We cleared USCIS and then at NVC stage they didn't accept the marriage certificate and additional info says to submit original in Urdu. Well I don't have one in Urdu. UK issued it in English. I consulted with lawyer and they say without civil certificate I don't have valid marriage and that I need to re apply from the beginning. Attorney says even if clear NVC, consulate could refuse the certificate.  Any advice would be really helpful. 

Boiler Grand Master

Boiler   48,023

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Filed: K-1 Visa Country: Wales
 Timeline
Posted
26 minutes ago, Coco8 said:

A religious ceremony is not legally binding in the UK

 

http://www.carterlaw.co.uk/is-islamic-marriage-valid-in-the-uk/

 

I'm not sure why you thought it would be. Religious ceremonies are not legally binding in most countries.

Religious Ceremony can be a legal marriage in the UK, this one is not.

 

Get married or go the K1 route.

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Ryan H Grand Master

Ryan H   3,925

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Filed: Citizen (pnd) Country: China
 Timeline
Posted
1 hour ago, Boiler said:

Get married or go the K1 route.

 

K1 might be problematic because they could be viewed as "too married" to be eligible for a K1.  They are clearly "not married enough" to qualify for the CR-1.

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Fauzi97 Newbie

Fauzi97   0

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Filed: Other Timeline
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Posted

When I re-submit the I-130, should we explain the two certoficates? I think I'll have to travel again to the U.K. And stay the 28+ days to get the civil. i have an 7 month old too so not sure we could go to Pakistan alone...but either option means baby finally gets to meet his dad. 

Boiler Grand Master

Boiler   48,023

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Filed: K-1 Visa Country: Wales
 Timeline
Posted
47 minutes ago, Fauzi97 said:

When I re-submit the I-130, should we explain the two certoficates? I think I'll have to travel again to the U.K. And stay the 28+ days to get the civil. i have an 7 month old too so not sure we could go to Pakistan alone...but either option means baby finally gets to meet his dad. 

You only need one, you will only have one marriage certificate. Do you have a UK Visa to get married in the UK?

2 hours ago, Ryan H said:

 

K1 might be problematic because they could be viewed as "too married" to be eligible for a K1.  They are clearly "not married enough" to qualify for the CR-1.

I would usually agree, but OP will be going through London and there is no such confusion.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Boiler Grand Master

Boiler   48,023

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Filed: K-1 Visa Country: Wales
 Timeline
Posted

Why would you not qualify, marry in the US is an option.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

pushbrk Grand Master

pushbrk   13,837

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Filed: Other Country: China
 Timeline
Posted
On 6/17/2017 at 4:17 PM, Ryan H said:

 

K1 might be problematic because they could be viewed as "too married" to be eligible for a K1.  They are clearly "not married enough" to qualify for the CR-1.

Exactly.  Get legally married then file a new petition.  You are too married for a fiance visa but not married enough for a spouse visa.  This is why homework in advance is critical.

 

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Boiler Grand Master

Boiler   48,023

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Filed: K-1 Visa Country: Wales
 Timeline
Posted

As far as the UK is concerned not married, I know it can be a grey area elsewhere.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

jakelake Rising Star

jakelake   224

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Filed: IR-1/CR-1 Visa Country: Haiti
 Timeline
Posted
2 hours ago, pushbrk said:

Exactly.  Get legally married then file a new petition.  You are too married for a fiance visa but not married enough for a spouse visa.  This is why homework in advance is critical.

 

If it cleared the USCIS, then what is wrong if they got married and then send the marriage certificate to NVC? That is what NVC requested.

pushbrk Grand Master

pushbrk   13,837

Posted
Filed: Other Country: China
 Timeline
Posted

You must be legally married in the country the marriage took place, AT THE TIME the petition was filed.  This is something that cannot be fixed after filing.  A Nika Nama constitutes a legal marriage in Pakistan (for example) but it does not constitute legal and lawful marriage in the UK.  The non US Citizen did not stay for a civil ceremony in the UK AFTER the Nika Nama.  Therefore, they are not married enough for a spouse visa.  They, however, are TOO MARRIED for a fiance visa.  Sounds impossible, but it is what it is.  They need to get legally and lawfully married SOMEWHERE, withdraw this petition and file a new one.  USCIS should not have approved this petition.

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