Nikah on phone, Bringing spouse on H4, Issues?

P

prq20

Registered Users (C)
Hi,
Does US Embassy Islamabad accept Nikah over the phone?
I am on H1-B in US and due to poject timelines, not able to visit Pakistan soon. If we perform Nikah ceremony over the phone, and register the same in Pakistan, Will US embassy accept it to grant her H4 visa?
Please help.
 
I did a similar procedure last year i.e. made Nikah on phone 3 months earlier so that my wife's PP and ID card could be be made. Then I visited my family in December, got married, got visa for my wife and brought her to U.S with me. The consulate officer in Islamabad during my wife's interview specifically asked for marraige pictures.

HTH
 
There is also a rule about the H1-B having a valid stamp before an H4 stamp is issued. As I have found, it is not strictly followed but a visa app can be denied (and has been denied in some cases), based on this.

So, although they accept the telephone nikah, but if your spouse go without any pics and tell them that you never came to Pakistan for marriage, it may raise concerns for VO. He would ask her to show the stamp (a copy) in your passport. If yours is still valid, do send her a copy of that. Then it shouldn't be a problem.
Waisay brother, its most likely going to be your first and only marriage... do try to take some time off and enjoy it :)
 
Hello Guys,
I am in US on TN status now (work permit for Canadian Citizens). My company is changing my status from TN to H1-B because TN required renewal every year.
I am planing to get married Dec, 2007. I believe my H1-B status be active on Oct 1st,2007.
Do any one suggest me what is the best way to get my future wife H4 ?

I was thinking that I will set-up an appointment with US consulate Islamabad couple days after the wedding, so that I will go with my wife and get her visa stamp (hopefully in couple weeks so that she can come with me.) but in that case my wife PP and ID wont have my name on it, instead her father name with be there. will that be a problem ? is it necessary to have Husband name on passport and ID?

2nd option is as most of you guys have done, is phone nikah few months before the actual wedding, my worries there is that what will be visa officer reaction when you tell them Nikah was done over the phone? Are they really accepting nikah over the phone.?

2nd issue: As Canadian passport don't required visa stamp, will that be a problem getting my wife H4 visa stamp. Because my passport wont have a visa stamp, i will have a approved H1-B status.


your help will be appriciated.

thanks
 
Name change not a problem in Islamabad

I just got H4 for my spouse. Her name was not changed to reflect my name in PP or ID card. It should not be a problem. Please setup the appointment asap after your nikkah. I am assuming that you know the procedure to setup appointment in Pak. If not, refer to this thread for exact procedure. It might take couple weeks to get the appointment. Make sure you get your nikkah nama translated and attested from Ministry of foreign affairs. Their office is in Chamba house near China Chowk, Lahore. Take your wife with you if you want to save time. They will attest it right away. If a male is submitting the nikkah nama translation for attestation, they will take the app. untill 12:00 and then ask you to come back after 2 PM same day I think to pick up the attested copy. Just a tip..have recently done it on March. Good luck. Not sure about the Canadian PP issue, sorry!

Regarding the Nikkah over the phone, they will be ok as long as you visited your wife in Pakistan. If all you had was a Nikkah over the phone and never met your wife after that, it could be problematic. But looks like some people had success with that.
hafshik said:
Hello Guys,
I am in US on TN status now (work permit for Canadian Citizens). My company is changing my status from TN to H1-B because TN required renewal every year.
I am planing to get married Dec, 2007. I believe my H1-B status be active on Oct 1st,2007.
Do any one suggest me what is the best way to get my future wife H4 ?

I was thinking that I will set-up an appointment with US consulate Islamabad couple days after the wedding, so that I will go with my wife and get her visa stamp (hopefully in couple weeks so that she can come with me.) but in that case my wife PP and ID wont have my name on it, instead her father name with be there. will that be a problem ? is it necessary to have Husband name on passport and ID?

2nd option is as most of you guys have done, is phone nikah few months before the actual wedding, my worries there is that what will be visa officer reaction when you tell them Nikah was done over the phone? Are they really accepting nikah over the phone.?

2nd issue: As Canadian passport don't required visa stamp, will that be a problem getting my wife H4 visa stamp. Because my passport wont have a visa stamp, i will have a approved H1-B status.


your help will be appriciated.

thanks
Click to expand...
 
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Marriage; H4 and Priority Dates

Here is my situation.
I am originally from Pakistan and am Canadian Citizen. SO I hold Pakistani and Canadian Passports. I am working in USA for few years on H1B and my GC is in I-485 Pending stage.
I am palnning to get married. My priority date in Sep 2005. As per current visa bulliten priority dates for me(rest of world EB3) is Jul 2005. Here are my questions
1. I am thinking to get married in Aug 2008. By that time priority date might be current is there a possibility of of my I-485 approval in 2 months?
2. My family is pushing to delay marriage until Oct. Is that good idea.
3. How long is it taking for H4 Stamping? Is Phone Nikah enough to get H4 stamp?
4. On average how long it takes to get I-485 approved after priority dates are current and ideas?
5. Canadian citizen with no visa on passport any issue for H4 stamp?
 
1. I am thinking to get married in Aug 2008. By that time priority date might be current is there a possibility of of my I-485 approval in 2 months?
Click to expand...
As per April visa bulletin, you are covered until end of April. By middle of April, there will be May visa bulletin and new dates will be published. It's anyone's guess how far the dates will move. Please have a look at this thread to educate yourself on visa date movements. In short, when PD is current and there's nothing else holding up your case, it CAN be approved without much delay.
2. My family is pushing to delay marriage until Oct. Is that good idea.
Click to expand...
It's hard to say. Just remember that as long as you get married before the approval of your I485, you wife can either come to US on H4 (if you are maintaing H1) or using Follow to join(FTJ) procedure which takes about few months to complete.
3. How long is it taking for H4 Stamping? Is Phone Nikah enough to get H4 stamp?
Click to expand...
From the time you apply and the interview date plus few days to get the passport back from US embassy. I think total of three weeks. Some folks have done it but search the forum for details.
4. On average how long it takes to get I-485 approved after priority dates are current and ideas?
Click to expand...
It depends on lot of factors, but it's not always guaranteed that a case where the PD is current will be approved untill the next visa bulletin comes out.
5. Canadian citizen with no visa on passport any issue for H4 stamp?[/QUOTE]
If you have H1 approval notice,you should be ok.

You can call US embassy in ISB and ask them some of the questions as well. See here for H1 stamping situation.

Good luck!
 
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H4 Stamp and Priority Dates

This quick movement of priority dates has created a issue for me. Not sure what can be solution. I don't want to be in situation where my I-485 is approved and my wife's is not filed. At the same time due to circumstances I can't get married before July the least.
Any Document can be filed to delay I-485 approval?
Can wife's I-485 be filed without her being in USA?
 
i am ready to get married and family also

hi gurus, i am in same situation H1-B extension up to nov 2009, H1-B visa is expired on passport, I-140 and I-485 is pending receipt date is 10/01/07 . AP and EAD in hand, still working for GC sponsor company .I was planning to go to pakistan and get married over there and apply for H1-B stamping and H-4 for wife but due to name chek, all that administrative crap i am secared to be stuck there, and i dont want to use AP just in case my I-485 gets denied then i will be considered out of status by the time i come back on AP, but have to atleast take that risk if want to get married before 1-485 approves.

My question is

if i have nikah over the phone, what kind of documentation i am gona need for ammendment in my application of I-485 to put my wife on my I-485.

2nd question is it really possible to do that, if some body had done it before please let us know .

thanks in advance,
 
Any Document can be filed to delay I-485 approval?
Click to expand...
You can definitely withdraw I485 application. I am not familiar with any other documents that you can file to "delay" or "suspend" I485. You could go for consular processing which means that your processing will have to be done at US consulate abroad and when time comes for approval, you will be called to embassy for interview. You can look at
Can wife's I-485 be filed without her being in USA?
Click to expand...
No, by definition adjustment of status application can only be filed for persons physically present in US.

What's important for you is that your Nikkah or wedding happens(more importantly Nikkah) happens before the I485 approval.
In which case, your wife will atleast be eligible for FTJ benefits and can eventually come to US. See here for FTJ mega thread and on USCIS website

Keep in mind that FTJ kicks in AFTER your I485 has been approved.
Something similar to Nikkah over the phone would be something called "Proxy Marraige" , please see following for details:

http://www.hooyou.com/ins_forms/immigration_lib/im_info/glossary07.html

http://foia.state.gov/masterdocs/09fam/0940001N.pdf

http://familybasedimmigration.com/forum/showthread.php?p=19624

http://immigration-information.com/forums/showthread.php?t=2016
 
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zeeshanbutt4 said:
if i have nikah over the phone, what kind of documentation i am gona need for ammendment in my application of I-485 to put my wife on my I-485.
Click to expand...
You wife has to be in US before you can file for her I-485. You don't need to amend your I-485 to "include' your wife. When you file I-485 for your wife who has to be present in US, it would be automatically understood that your marital status changed.
2nd question is it really possible to do that, if some body had done it before
Click to expand...
There are some posters in this thread who probably did it.

The answers to atifgali's post apply to you as well.
 
Withdraw I-485

If I withdraw I-485. Can I refile it?
As my priority date will still be current latter this year.
Also how about my Labor approval won't it expire?
Will I still be eligible to file under same labor?
I also have a RIR labor approved never filed I485 for it(It is also more than 6 months old).
I might consider withdraw if I can reapply using same labor without issue.
 
Just file the I-824 form right away. The only thing that matters is that the nikkah-namah date is prior to your I-485 approval. Keep the ruksathi for later but get the nikkah done.
It will take about 6-8 months for them to even process the case, by which time you will be formally married hopefully.
I would not suggest withdrawing your I-485 application.
 
ajJax said:
Just file the I-824 form right away. The only thing that matters is that the nikkah-namah date is prior to your I-485 approval. Keep the ruksathi for later but get the nikkah done.
It will take about 6-8 months for them to even process the case, by which time you will be formally married hopefully.
I would not suggest withdrawing your I-485 application.
Click to expand...

i will suggest same do not withdraw I-485. get nikah on phone and when ur 1-485 approved then go to pakistan get rukhsati and come back to USA and file for follow-to- join for your wife.

if any body did that before please post it
 
apply for I-130

HI ,,,,,,,,,, I m confuse and need some help.........Im greencard holder and just got maarrried in pakistan...my citizen is due in 2009.....i want to bring my spouse here...implanning to file i-130... well dont know what else to do...its good idea to do itt or not............i know if i apply i-130 and become citizen my case going to be change but anyone have idea how long it going to take my spouse to be here in us......or ther some other way to bring my spouse here....
 
I have questions to all.
Here is my scenario December 07 I was in Khi to attain my brother's (hafshik) wedding few days after I had my nikkah done a day before my coming back to US. I plan to have rukhsati in end of July08.
My 6th year H1 is expiring in Dec08 and my perm is approved in EB2. My attorney suggested me to only file I-40 (which was filed in May08) and hold I-485 until august to file it together with my wife.

My questions:

1- Pictures- Unfortunately my nikkah happen so fast and quite way that I do not have any pictures of the occasion.I know VO always ask for pics. Should the pic from mehndi, rukhsati, and valima be enough? how does the folks who did phone nikkah manage this situation?

2- Tax 07 - I already submited my tax as head of household adding my mother as dependent.
Since nikkah happen last year. Do I have to add my spouse? and change filling status to married instead of head of household.
Will it be issue for my spouse if visa officer looks in tax return docs that I did not add her as my spouse and I file tax as single/ head of household?

Please help should I send amendment to my tax or leave it as it is.
 
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