Ramna

Here's the fact:
Italian lady and a Muslim man have a love relationship and want to get married.
He got the immigrant visa and is about to move to US.
He was previously married, then separated and currently has filed for divorce which is still processing and so it hasn't been finalized yet (it will take a few more months).
Once he will have moved to the US, they will have to wait for the divorce to be granted before they can get married.
Italy belongs to the Visa Waiwer Program and so his girfriend is allowed to travel to the US without a visa for tourist travel of 90 days or less, during which she needs to provide them with a return ticket and she cannot change her marital status.
The question is:
When she get there, will it be legal for them to perform a Nikkah contract, before his divorce has been granted?
Will this change her marital status for the US law?
She will then go back to Italy, before the end of the 90 days; what it will be the requested procedure for her to move to the US? Will he need to apply for a specific visa to call her, to get married over there?

Thanks a lot in advance for your kind reply!

Elvira

"He got the immigrant visa and is about to move to US."

WTF does that mean?

Don't play games with US immigration - it will come back to bite you. It's their playground, so play by their rules!

Ramna

Thank you for your reply, but I think I have been misunderstood in what I asked.
The fact is pretty fair. He got an immigrant visa. Their parents are US citizen and applied for him to reach them. Currently he is about to move to the US.

There is NO intention playing any game with US immigration and if anybody could help answering my questions it would be great, so that it would be useful no to make any mistake. All we want to do is making things according to the law.
Thanks.

Norri

If the Nikkah is recognised as a legal marriage, I have no real idea if it is, there is no chance of it being recognised as official legally before the divorce is final.

fatbrit

I wonder about the actual validity of the petition for "Muslim Man".

Elvira

Okay, but WHY would you want to go through some sort of marriage ceremony if you are not legally free to marry? You really think that this would not raise any red flags with USCIS?

Once you have entered the US and thus have become a LPR, and have got married LEGALLY - be it in the US or Italy or anywhere else - you can petition for a spousal immigrant visa (CR-1) for your wife, via form I-130.

I believe it takes approximately 6+ years for such a visa to be approved. Once you become a US citizen, the process will speed up as a visa will be immediately available for your wife.

In order to become a USC, you need to be a PR for 5 years, during which time you need to be RESIDENT in the US and spend at least half the time in the US. However, if you were to consider spending significant time outside the US before you become a USC, you would need to look very carefully at the issue of ABANDONMENT.

Ramna

Thanks for your reply.
Well, the possibility to perform a Nikkah contract before marriage has come because differently it will be quite difficult for his parents to accept us living together if I'll travel there before he has obtained the divorce.

I consulted this forum in order to aknowledge how is the Nikkah considered by the US law (or if it is only recognized by the Muslim community) even because I know that as an Italian citizen I cannot change my status during my 90 days of stay and of course there is no intention to "raise any red flag with USCIS".

snowbunny

Each state in the US has its own rules regarding marriage; however, you are not legally married unless you have applied for and gotten a marriage licence and then had a qualified person marry you and sign and return the licence.

It would not surprise me to learn that an imam would qualify to perform a marriage; but without a licence returned to the state, this would not be a legally binding marriage.

What sort of divorce is he going through? Civil? Religious? Or in a country where the two are the same?

Noorah101

You can have the religious ceremony (nikkah) to make the parents happy, and you guys can spend time alone together. However, it won't be a legal marriage in the USA, since he is already married and is waiting for his divorce. Plus, paperwork would need to be filed in court in the USA in order to be legal, and a nikkah doesn't work that way.

In my layman's opinion, you can come to the USA on the VWP, have the nikkah to make the parents happy, visit for your 90 days, and then go home. When his divorce is final, you guys can get legally married (wherever you want), and then he can file an I-130 towards your immigrant visa.

Rene

Ramna

I really thank you for your kind reply.
All we want is to follow the law and make things go in a proper way.

I have a few more questions:
Once the divorce is final and we can get legally married, what is the procedure for me to get the permission to go to the US to marry? Or could it be easier and more adviceable for him to come to Italy and get married here?
Can he file then an I-130 during his PR status? And will it really take more than 6 years for the visa to be approved (it's such a long time..)?

Thanks again for all the helpful comebacks!

It's a civil divorce.

Noorah101

You do not need a special visa to marry in the USA, you can do it on the VWP. You are not allowed to stay in the USA after marriage, you must leave the USA before your 90 days is up.

That's fine, too. In that case, check with Italy to see what the marriage visa requirements are there, and also check to see if he would need a visa to travel to Italy (not sure where he is from originally).

Yes.

Around 5 or 6 years, yes. If he becomes a USC, the process speeds up, but he can't apply for US citizenship until he's been a US PR for 5 years, so it ends up being about the same for you guys. It's best for him to file your I-130 while he's a PR anyway, that way you have your place in line reserved, in case he either doesn't want to become a USC, or that process gets delayed.

Rene

Ramna

Thank you, Noorah, your answers've surely helped me have a clearer vision of the things!

Noorah101

You're welcome.

ian-mstm

His parents are US citizens? How old is he?

Ian

Sir Denis Eaton-Hogg

In the interests of greater understanding:

Nikah or Nikkah (Katb-e-Kitaab) Is a contract entered into by a bride and groom as part of an Islamic wedding ceremony. It is considered a strong covenant and is expressed specifically in the Qur'an. In essence it sets up the terms of the marriage and includes rights for both Bride and Groom, including such details as how much the Groom must pay the bride should they get divorced. The actual fine detail and traditions of the nikkah and the ceremony differ slightly from country to country and between Shia and Sunni.

The Nikkah is considered part of the marriage ceremony itself and by signing one in teh presence of a witness such as an Imam without completing the ceremony you may find that you are considered practically married... if such a state exists ;-)

To the OP, you should take legal advice here, from somebody who is familiar with both Islamic and US law. The whole area of Islamic law and jurisprudence can cause considerable headaches for non-muslim countries such as the USA and UK. The nikkah is considered a binding contract in some circumstances and if conducted in a country where it is considered legal it would have ramifications. The UCIS Website states

'In general, marriages which are legally performed and valid abroad are also legally valid in the United States. Inquiries regarding the validity of a marriage abroad should be directed to the attorney general of the state in the United States where the parties to the marriage live.'

So depending on the wording, content and location of the nikkah, and its importance within teh actual wedding ceremony it might cause problems particulary under the 'US 'intent' laws on immigration. It might also mean that you would be already considered a spouse and could be eligible to apply for a spousal visa?

Its unlikely to be anything to worry about but you should get informed and experienced legal advice on this. If you are simply planning a 'nikkah' ceremony to be followed by a civil wedding I doubt its an issue, but if the wedding itself is to be Islamic it might.

My Wife, although not practicing is from a Muslim country so I have some laymans experience of Islamic marriage traditions and not offending relatives sensibilities.

Sir Denis