problem with immigrant spouse visa

leawe

Member
hi everyone,

i have a friend that got married in italy 3 years ago, his wife had GC , the marriage certificate was stamped by egypt embassy in italy only,,, after a year he had his interview but the consular asked him the certificate have to be stamped by italy administration cuz he was married there, my friend asked if it would work if he get it stamped by Italian embassy in egypt but they didnt accept that.

now his wife become a citizen and for more than 2 years his case on AP, shall he re-apply again or shall they apply for K3 visa or for fiance visa.
 
The embassy asked for a marriage certificate stamped by the appropriate Italian authority tasked with issuing marriage certificates, has your friend submitted the stamped certificate the embassy asked for?

A married couple is not eligible for a fiancé visa. They already have a pending spousal petition in the system. They can’t apply for a K3 either since they already have an approved I-130. K3 is for when the I-130 has been pending an unreasonable amount of time and awaiting a decision.
 
hi everyone,

i have a friend that got married in italy 3 years ago, his wife had GC , the marriage certificate was stamped by egypt embassy in italy only,,, after a year he had his interview but the consular asked him the certificate have to be stamped by italy administration cuz he was married there, my friend asked if it would work if he get it stamped by Italian embassy in egypt but they didnt accept that.

now his wife become a citizen and for more than 2 years his case on AP, shall he re-apply again or shall they apply for K3 visa or for fiance visa.

I second what mom says, they are on AP presumably pending submission of the correct document, has this document been submitted? If not they need to do it ASAP. Clearly no petition will be approved without it, even if he upgrades to spouse of citizen IR1 vs spouse of LPR. They still need to prove the marriage no matter what the visa is.
 
The embassy asked for a marriage certificate stamped by the appropriate Italian authority tasked with issuing marriage certificates, has your friend submitted the stamped certificate the embassy asked for?

A married couple is not eligible for a fiancé visa. They already have a pending spousal petition in the system. They can’t apply for a K3 either since they already have an approved I-130. K3 is for when the I-130 has been pending an unreasonable amount of time and awaiting a decision.

no unfortunately he was in tourist visa on that time and they just stamped it in the embassy of there country and he couldn't go back to italy to make it on proper way and his wife was on asylum so they couldn't do the marriage on there country
thats why upto now they dont know what to do as they are on AP all this time
 
no unfortunately he was in tourist visa on that time and they just stamped it in the embassy of there country and he couldn't go back to italy to make it on proper way and his wife was on asylum so they couldn't do the marriage on there country
thats why upto now they dont know what to do as they are on AP all this time

Okay something isn’t adding up here. You originally said the wife was a GC holder 3 years ago when they got married in Italy. Now you say she was an asylum seeker 3 years ago?
 
So they have been doing nothing for 2 years somehow hoping this AP will resolve itself without them submitting the document asked for? From what you’ve said this seems to be the only reason AP is taking so long.
Anyway if they got married in Italy they should apply for a marriage certificate to be issued from there. They can use the department of state website for details on how to do that https://travel.state.gov/content/tr...ity-and-Civil-Documents-by-Country/Italy.html
 
Marriage should be registered/certified in the jurisdiction it took place.
If the wedding took place on Italian soil, how did the Egyptian embassy come into the picture? AP will not be resolved until the Italian locality signs off on the marriage document to satisfy the US consular process.
 
Okay something isn’t adding up here. You originally said the wife was a GC holder 3 years ago when they got married in Italy. Now you say she was an asylum seeker 3 years ago?
before getting her GC she was on asylum... she couldnt go back due to some politics issues , then she grant the GC and now shes a citizen
 
Marriage should be registered/certified in the jurisdiction it took place.
If the wedding took place on Italian soil, how did the Egyptian embassy come into the picture? AP will not be resolved until the Italian locality signs off on the marriage document to satisfy the US consular process.
I think sometimes people hold their marriage in an embassy of Country A in Country B, and the embassy conducts the marriage as if they were in Country A and issues them a marriage certificate that is recognized by Country A, but they never went through the marriage process according to the laws of Country B.

However, US immigration law only recognizes a marriage that is conducted according to the law of the place where the marriage took place, and embassies are still the territory of the host country (Country B). So the US does recognize marriages held in an embassy, but only if you went through the marriage process required by the local country (Country B). Otherwise, even if they have a marriage recognized by Country A, it's not a valid marriage for US immigration purposes.
 
Point taken.. but embassy of Country A in any nation would still be Country A soil, and OP stated the friend couldn't travel back to Italy to make it proper. That to me suggests the wedding took place on Italian (Country B) soil, and thus needs to be registered with the local Italian jurisdiction to be recognized by the US embassy as valid.
 
Point taken.. but embassy of Country A in any nation would still be Country A soil, and OP stated the friend couldn't travel back to Italy to make it proper. That to me suggests the wedding took place on Italian (Country B) soil, and thus needs to be registered with the local Italian jurisdiction to be recognized by the US embassy as valid.
Embassy of Country A in another country is not Country A soil. That is a misconception. Diplomatic facilities are not the territory of the sending country. The are the sovereign territory of the host country, and host country law generally applies, except that the premises are inviolable (the host country cannot enter it without permission). The US would not recognize a marriage conducted in an embassy of Country A unless it is done according to the procedures of Country B.
 
Embassy of Country A in another country is not Country A soil. That is a misconception. Diplomatic facilities are not the territory of the sending country. The are the sovereign territory of the host country, and host country law generally applies, except that the premises are inviolable (the host country cannot enter it without permission). The US would not recognize a marriage conducted in an embassy of Country A unless it is done according to the procedures of Country B.
That was my premise. In general, an embassy is said country's territory on foreign soil. Generalities involved here of course, as far as it relates to OP's topic.
 
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