H4 Rejected due to marriage not considered

[h4omar]

Hello Guys,

I am holder of H-1B visa and did Nikah(Marriage) in Pakistan in March. Due to job urgencies, I had to leave states a day after my Nikah. Our rukhsati is planned after a couple of months, subjected to my wife getting H-4. She applied for H-4 recently from Islamabad, but her visa got rejected under 214b for INA. The immigration officer told my wife that your marriage (Nikah) is not considered to be correct under US laws, since your husband left a day after your Nikah... She also asked where she was living and she told them that she is living with her parents..... The visa officer didn't even look into any other docs.... We had the Nikah Nama translated in English, attested by Justice of Peace and Foreign Ministry in Pakistan too..... Please any advice how to move forward? My I-140 date is in October and I had applied for I-485 and I-140 under category B-2. My lawyer told me that your wife should be here within a week after ur I140 got approved, because the I485 can come any time if there is no security check... I know that if I get my I485 approved, it will take 7-8 yrs for my wife to join me in USA. Can somebody also tell me what to do under this situation? Should I start preparing for Follow To Join as well?

[txh1b]

What is your PD? First of all, get the H4 situation corrected. Follow-to-join is a lengthy process and will take a toll on your life.

I am not aware of the legality of Nikah. Is there some way a marriage can be registered after the Nikah as per the local law in your country? If so, get it done. If needed, get a marriage done in court (if such a thing exists) that can convince the consulate that the marriage was real.

[h4omar]

Actually the Visa Officer told my wife that since I left the next day of my Nikah, therefore, the marital relationship could not be extablished, therefore the marriage deemed illegal.

In Pakistan, Nikahnama is the marriage certificate (but in Urdu). So she got it translated in English, attested by the Foreign Ministry and Justice of Peace. Besides that, she took my company's invitation letter for her, verfication of my emplyment with them, my driving license copy (to match the signature), my bank accounts statement, my salary slips, my W2, original I797, Nikah ceremony snaps and DVD..... But the visa officer was adamant on accepting the legality of marriage... And most strangely, they gave 214b as the cause of refusal?????

I am not sure how to apply for H4 again... Should I go personally with her to the embassy? Would I be allowed togo with her to the visa officer?

[txh1b]

I would say you apply again for the H4. You leaving the day after marriage has got no reason about the validity of the marriage. In addition to the usual documents, Get a letter from your employer that you were critical on a project and were wanted here in the US by XYZ date for the success of the project and implementation as a business need. That should work.

Also write a letter to the consulate describing the situation.

Again, tell your wife to submit these if asked or if a question about these arise. Take some affidavits from elders saying they attended the marriage. Also take pictures of people eating food, bride and groom with the religious person conducting the marriage, elders etc. Good Luck!

[h4omar]

Thanks txh1b.... What do you suggest, should I go with my wife to the US embassy? Would I be allowed to accompany her?

I have asked my wife to get her name changed in her passport, i.e. including my name as her husband... Would this be of any advantage?

Moreover, my wife tried to show the pics and my docs to the visa officer, but she refused to see them..... I am not sure that she would give any heed to the letter from my company or the affidavits....

Is there any way to challenge their decision... I am really pissed of by their arrogant behaviour.

[txh1b]

The appeal process is very complicated. I would rather suggest you to try again. The VO could be different this time. No one other than a visa applicant is allowed inside a consulate.

Changing the name could help. Just apply again using the proper documents. The employer letter is needed for consulates in India for H4 visa, I am not sure about Pakistan. May be the officer was having a bad day. No point in getting all worked up as visa is a privilege, not a right.

Good Luck!

[h4omar]

Thanks a lot txh1b.... Yes, you are right... Visa is really not a right :-(....
Now the situation is that, I am planning to go to Pakistan next month and apply for H4 for my wife...Since I would be around, so they wont have any doubts of our marriage. In the meantime she, would get her new passport with my name on it. I hope this would be Ok then.

Now the issue is that my I140 applicaiton (submitted on 30-September-2007) and I485 (submitted on Jaunary-2008) are close to becoming current. Present processing times show 26 Aug'2007... So if I get my I140 next month, how long would it normally take for my I485 to get approved? Or is it advisable to withdraw my I485 application, just to be on the safe side? Otherwise, I would have to go for the follow to Join procedure, which is again tedious.... apparently my wife would not get H-4 before the end of next month.....

[txh1b]

What is your Priority date and category? Is it current as per the latest visa bulletin? Even if I140 gets approved, I485 will not get approved immediately except in rare cases. If such a thing happens, you are unlucky.

[sanishik]

Hi H4Omar,
I'm really sorry to hear about your situation and kinda concerned as my wife will be going for her h4 in Islamabad this August. I had my nikkah done last December and like yourself I left 3rd day of Nikkah but I plan to have full ceremony in August and go with my wife for visa interview at least up to outside the embassy.

? How did visa officer get to know that you left right after nikkah?
? What questions he ask your wife?
? Did you do formal wedding or it was just Nikkah. Did you do mehndi ,Rukhsati etc?

[h4omar]

Hello txh1b,

Latest Bulletin shows dates of 26 Aug, and my I-140 was submitted end of September. My Category is B2.... I applied for 140 and 485 together...... But I dont know what is the reality of the USCIS processing dates... I know some of my friends are still waiting for their applications submitted in April....

Hello sanishik,

Sorry for the late reply... I only did Nikah, with the plans of getting all the ceremonies done at the time of rukhsati, when she gets a visa... But Alas....
The VO asked abt the date of marriage, when did I leave for US, with whom my wife is staying with.... They then concluded that it is a case of Nikah (Marriage) and no rukhsati has been done...... So they refused.....Truth is sometimes injurious :-(

I am planning to go and have the rukhsati etc... done and go with my wife as wellllllll ..... But am not sure, would be able to accompany my wife inside... It would then be a total waste if again they refuse to accept the marriage...
But goodluck to you... I reccomend going for visa after rukhsati ......

[txh1b]

Now I get the idea. Correct me if my understanding is wrong.

Nikah -> Similar to registered marriage/Court marriage

Rukhsati-> Religious marriage
Correct?

Can anyone explain how/what phone Nikah is done? It confused me to the core when I read it as marriage requires the bride and groom to be present as per my understanding.

[orion]

What? Who said "phone nikah" ? sounds like a scam.

[h4omar]

Nikah = Court Marriage/Registered Marriage
Rukhsati = When the bride starts living with bridegroom...

Normally Nikah and Rukhsati are done the same day, but people tend to do Nikah, get the visa for wife and then come to take the wife with him (Rukhsati)... Marital ties are established after Rukhsati.....

If somebody is unable to come only for Nikah, then he can appoint his Lawyer (Wakeel) in his home country, who gives approval on behalf of the bridegroom when asked by the religious person solemnizing the marriage (Qazi).. Or the bridegroom can be taken on phone for the approval, while the brides approval is taken there.....

By the way, any comments on my I140 and I485 issue?????? :-(

[txh1b]

What? Who said "phone nikah" ? sounds like a scam.

Seems like a possibility as per the OP. It was on the forum couple of days back. I am sure US consulate does not accept the phone Nikah as a marriage.

[orion]

I see. Good you explained, or I was thinking nikah itself is the marriage and another name for it. And after your explanation, I am not surprised by consulate's decision. Why dont you do all that constitutes a complete full marriage and then apply for the visa?

Nikah then sounds something like engagement...??