Can I get a visa even though we have no pictures of our wedding ceremony?
Asked on Jan 28th, 2011 on Immigration - California
More details to this question:
I'm a US citizen by birth and fiance is from Pakistan. It is not convenient for me to go to Pakistan and do the marriage ceremony. My fiance and her family is willing to sign the marriage certificate and send it to me via Fedex. The marriage certificate will be valid with registration of current date. At such point can I file a spouse visa... But we will not have any pictures with the exception of engagement from a while back. What would the suggestion be to bring her to the USA in short amount of time. I understand the fiance visa is an option too but will a marriage certificate justify without any pictures of ceremony?
A proxy marriage that is legal in the country where it occurred is recognized by the U.S. only if the marriage was consummated. I would recommend either going to Pakistan to marry or if you have already met during the engagement ceremony and have pictures of that event, you can bring her as a fiance and get married after she arrives in the U.S. To qualify for a K-1 visa there must have been at least one face-to-face meeting between the two of you within the last two years.
These are complicated cases and we would be happy to assist you through the process. We do charge for consultations but any consultation fees would then be a credit toward the fees for your case if we are retained for further work after the consultation.
Proxy marriage are not accepted by USCIS unless the marriage was consummated per INA Section 101(a)(35). If that is not possible, then you should not get married, but instead petition her by filing an Fiance petition and have her apply for a K-1 visa. Once here, then you get married.
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