Applying to join my fiance in the USA
Sep 23rd 2011, 11:30 am
#16
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Re: Applying to join my fiance in the USA
The marriage happened in my parents home country of Somalia, which has not really got much of a government, his family that live in the Uk applied for him to enter the UK as a family reunion
I will be sure to follow Noorah and your advice on finding out what it would have been deemed as,
I will be sure to follow Noorah and your advice on finding out what it would have been deemed as,
I checked the link out, very informative, I will re read it and ask for further legal advice, due to the fact that he is not on my childs birth certificate nor is has he any responsibility i am assuming that it will be alright, but again i will check where i stand legally officially.
Rene
Sep 23rd 2011, 11:32 am
#17
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Re: Applying to join my fiance in the USA
IN addition to the fine answers you received above, may I interject the option of the immediate relative visa instead of the fiancee visa.
This would mean that you and the USC marry first (legally and recognized by the US) and once you are back in the UK you can continue your studies while he applies for the IRV for both yourself and your son. It takes about the same amount of time (not counting any time lengths due to administrative processing if you have an islamic sounding name) and you both enter into the US as Permanent Residents (green cards stamped in your passport and actual card mailed to you within a month).
Since you graduate in June 2012, you can marry and start the process now. Even if approved before June 2012, you get six months to use the visa once it is in your passport.
This would mean that you and the USC marry first (legally and recognized by the US) and once you are back in the UK you can continue your studies while he applies for the IRV for both yourself and your son. It takes about the same amount of time (not counting any time lengths due to administrative processing if you have an islamic sounding name) and you both enter into the US as Permanent Residents (green cards stamped in your passport and actual card mailed to you within a month).
Since you graduate in June 2012, you can marry and start the process now. Even if approved before June 2012, you get six months to use the visa once it is in your passport.
I was totally unaware of this type of visa, i will read a little about it and discuss it with my fiance, it sounds alot more suited to us if i am honest
Thanks Rete
Sep 23rd 2011, 11:39 am
#19
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Re: Applying to join my fiance in the USA
Noorah I am not too clear on whether it is seen as legal or religiously binding only in Somalia, your right i have to definitely clarify this as soon as possible, I will make an appointment with the immigration advisory service and if need be a divorce solicitor next.
On the subject of my child, I am not too sure who to contact for that information, i understand the severity of it and would ideally like to act very fast, I have a close friend that is an independent social worker that works specifically with children, I am going to ask him tomorrow where to turn first on this matter.
Thank you Noorah for highlighting these important facts for my fiance and I, much much appreciated
On the subject of my child, I am not too sure who to contact for that information, i understand the severity of it and would ideally like to act very fast, I have a close friend that is an independent social worker that works specifically with children, I am going to ask him tomorrow where to turn first on this matter.
Thank you Noorah for highlighting these important facts for my fiance and I, much much appreciated
Sep 23rd 2011, 11:49 am
#20
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Re: Applying to join my fiance in the USA
The Immigration Attorney/Lawyer/Solicitor can also advise you on what you need for your child to immigrate.
Rene
Sep 23rd 2011, 11:54 am
#21
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Re: Applying to join my fiance in the USA
You keep mentioning "immigration advisor", "immigration service", etc. You need to find an Immigration Attorney, Immigration Lawyer, or Immigration Solicitor. Don't use anyone else.
The Immigration Attorney/Lawyer/Solicitor can also advise you on what you need for your child to immigrate.
Rene
The Immigration Attorney/Lawyer/Solicitor can also advise you on what you need for your child to immigrate.
Rene
will find a immigration solicitor on line asap and book a well needed appointment, glad i have all this information now, at least if i get all my ends tied before attempting an application there should be less confusion at a later stage, Thanks again Noorah
Sep 23rd 2011, 12:17 pm
#22
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Re: Applying to join my fiance in the USA
Oh I get it now sorry will find a immigration solicitor on line asap and book a well needed appointment, glad i have all this information now, at least if i get all my ends tied before attempting an application there should be less confusion at a later stage, Thanks again Noorah
will find a immigration solicitor on line asap and book a well needed appointment, glad i have all this information now, at least if i get all my ends tied before attempting an application there should be less confusion at a later stage, Thanks again NoorahRene
Sep 24th 2011, 2:03 pm
#23
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Posts: 14,049
Re: Applying to join my fiance in the USA
By the US immigration authorities. It make no difference whether the UK recognizes the marriage.
Again, a US immigration attorney is not likely to know what constitutes a government recognized marriage in Somalia unless they practice in Somalia or have had relevant experience with Somalia. The question needs to be answered by someone who knows Somali law.
Regards, JEff
Again, a US immigration attorney is not likely to know what constitutes a government recognized marriage in Somalia unless they practice in Somalia or have had relevant experience with Somalia. The question needs to be answered by someone who knows Somali law.
Regards, JEff
This is VERY important information!! You absolutely need to find out if an Islamic marriage in Somalia is seen as a legal marriage in the country of Somalia. If it is, it will also be seen as a legal marriage in the UK. In which case, you'll need to see about getting legally divorced. You need an attorney for sure.
Last edited by jeffreyhy; Sep 24th 2011 at 2:06 pm.
Sep 25th 2011, 2:43 am
#26
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Re: Applying to join my fiance in the USA
I am pretty sure Somalia has split into three, and I am sure they all practice different laws, not to mention Al-Shabaab trying to enforce Sharia law too, so that makes four potential legal systems all running together.
Sep 25th 2011, 2:45 am
#27
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Re: Applying to join my fiance in the USA
The one that 'counts' is the one that the US government recognizes for the place where the marriage, if it was a marriage, took place.
Regards, JEff
Regards, JEff
Sep 25th 2011, 2:45 am
#28
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Re: Applying to join my fiance in the USA
Claim you were a loose woman and really do not know whom the child's father is......you had a series of a one-night stands (or 2-in-1 night stands).
Sep 25th 2011, 4:32 am
#29
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Re: Applying to join my fiance in the USA
The US Department of State also has information on child abduction -- here is the link on "incoming" abduction.
OP's post potentially implicate some very sophisticated issues on freedom to enter into a marriage. When it comes to "choice of law," it should be remembered that a marriage is valid if valid under the law of the "place of celebration." In regards to dissolution, it is generally considered valid if valid under the place of residence of either spouse.
These issues are not only sophisticated, they are heavily fact dependent.
OP's post potentially implicate some very sophisticated issues on freedom to enter into a marriage. When it comes to "choice of law," it should be remembered that a marriage is valid if valid under the law of the "place of celebration." In regards to dissolution, it is generally considered valid if valid under the place of residence of either spouse.
These issues are not only sophisticated, they are heavily fact dependent.
Sep 25th 2011, 4:36 am
#30
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Re: Applying to join my fiance in the USA
This is VERY important information!! You absolutely need to find out if an Islamic marriage in Somalia is seen as a legal marriage in the country of Somalia. If it is, it will also be seen as a legal marriage in the UK. In which case, you'll need to see about getting legally divorced. You need an attorney for sure.
Also, some jurisdictions have procedures to determine to obtain a judicial declaration of freedom to marry.
Yes, a lawyer is needed and even she may have problems with what appears to be a FUBAR.
