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Old Dec 18th 2005 | 2:34 am
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Default Proof of Cultural Practice

Hi all,

As you know, my family has been going through these K-1 fiance cases. I have been compiling all of the paperwork and because we have arranged marriages and do not meet until we do have the religious ceremony, I have also included a supplement to the I-129F regarding that practice. This includes evidence in the form of affidavits from our mosque and elder family describing this practice.

I literally use the same letter and type of evidence for each case. Three of the cases (my brother's, sister's, and my own) have been approved. My cousin was arranged to marry a man in Pakistan and we sent in the same paperwork for the I-129F. We recieved an NOA asking for further proof of the cultural practice of arranged marriages, a description of the actual religious marriage ceremony and exactly why they could not meet. They also wanted to know how we plan to meet all of these cultural and religious requirements.

Does anyone have any advice on how to address this request for further evidence? Like I said, our three cases prior to this one went fine with the evidence that we provided. We have drafted a description of everything that occurs and will have the mosque develop an affidavit in support of our claims. Will this be enough?

Last edited by Rangena; Dec 18th 2005 at 2:37 am.
 
Old Dec 18th 2005 | 3:14 am
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Default Re: Proof of Cultural Practice

Originally Posted by Rangena
Hi all,

As you know, my family has been going through these K-1 fiance cases. I have been compiling all of the paperwork and because we have arranged marriages and do not meet until we do have the religious ceremony, I have also included a supplement to the I-129F regarding that practice. This includes evidence in the form of affidavits from our mosque and elder family describing this practice.

I literally use the same letter and type of evidence for each case. Three of the cases (my brother's, sister's, and my own) have been approved. My cousin was arranged to marry a man in Pakistan and we sent in the same paperwork for the I-129F. We recieved an NOA asking for further proof of the cultural practice of arranged marriages, a description of the actual religious marriage ceremony and exactly why they could not meet. They also wanted to know how we plan to meet all of these cultural and religious requirements.

Does anyone have any advice on how to address this request for further evidence? Like I said, our three cases prior to this one went fine with the evidence that we provided. We have drafted a description of everything that occurs and will have the mosque develop an affidavit in support of our claims. Will this be enough?
Hi:

You KNOW that each case is treated individually and yet you STILL ask this board if it will be enough? That is up the CIS guy or girl adjudicating the petition.

You seem to be very aware of the fact that might very well have triggered the RFE if CIS put together the fact that this is the fourth such application from your family. Why would you then suggest putting more of the same type of evidence?

You might want to get independent secondary evidence of the practice.
 
Old Dec 18th 2005 | 3:19 am
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Default Re: Proof of Cultural Practice

Your reply was of NO help to me.

Originally Posted by Folinskyinla
Hi:

You KNOW that each case is treated individually and yet you STILL ask this board if it will be enough? That is up the CIS guy or girl adjudicating the petition.

You seem to be very aware of the fact that might very well have triggered the RFE if CIS put together the fact that this is the fourth such application from your family. Why would you then suggest putting more of the same type of evidence?

You might want to get independent secondary evidence of the practice.
 
Old Dec 18th 2005 | 3:39 am
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Default Re: Proof of Cultural Practice

Wouldn't it be simpler just to meet?
 
Old Dec 18th 2005 | 3:41 am
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Default Re: Proof of Cultural Practice

Originally Posted by Elvira
Wouldn't it be simpler just to meet?
Hi Elvira,

Simpler for USCIS, maybe....but not in this case, it goes against their cultural practices.

Rangena, I hope whatever you find in support works out for you. I wouldn't have any idea what to send in other than what you did.

Best Wishes,
Rene
 
Old Dec 18th 2005 | 3:45 am
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Default Re: Proof of Cultural Practice

Originally Posted by Noorah101
Hi Elvira,

Simpler for USCIS, maybe....but not in this case, it goes against their cultural practices.

Rangena, I hope whatever you find in support works out for you. I wouldn't have any idea what to send in other than what you did.

Best Wishes,
Rene

I'm not suggesting that they 'date'! Wouldn't 5 or 10 minutes spent in the company of several chaperones be acceptable to fulfil the 'must have met in the past 2 years' requirement?

Seems to me that dealing with USCIS is tough enough without creating extra hurdles...
 
Old Dec 18th 2005 | 3:50 am
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Default Re: Proof of Cultural Practice

Originally Posted by Elvira
I'm not suggesting that they 'date'! Wouldn't 5 or 10 minutes spent in the company of several chaperones be acceptable to fulfil the 'must have met in the past 2 years' requirement?

Seems to me that dealing with USCIS is tough enough without creating extra hurdles...
Seems feasable to me, but only Rangena would know if that is acceptable in their culture. I guess they could try doing that, and take pictures of them sitting in the same room at the same time, along with the chaperones.

Something to consider.

Rene
 
Old Dec 18th 2005 | 4:53 am
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Default Re: Proof of Cultural Practice

Originally Posted by Rangena
Your reply was of NO help to me.
Hi:

You identified the problem. However, you simply were wondering if more the same type of evidence would help. IMHO, I think you should think of getting independent secondary evidence. If that is of no help to you, perhaps you might want to retain an attorney who knows the rules of evidence.
 
Old Dec 18th 2005 | 8:22 am
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Default Re: Proof of Cultural Practice

Maybe you can contact your local university(ies) Southeast Asian Studies department or Women's Studies department and see if any of the professors, post-docs or grad students can refer you to published material on the practice of arranged marriages in Pakistan.
 
Old Dec 18th 2005 | 9:22 am
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Default Re: Proof of Cultural Practice

Originally Posted by hcj1440
Maybe you can contact your local university(ies) Southeast Asian Studies department or Women's Studies department and see if any of the professors, post-docs or grad students can refer you to published material on the practice of arranged marriages in Pakistan.
Hi:

Excellent suggestion. Law does allow for "opinion" testimony by "experts."

Also, I find Google to be a good source.
 
Old Dec 18th 2005 | 12:35 pm
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Default Re: Proof of Cultural Practice

Thank you all for your advice!

Although logistically speaking, meeting would not be a big deal but it would be outside of strict culturals norms from a very traditional township because if anything ever happened to either fiance or they backed out of the engagement, the other would have a hard time re-marrying; also it is grounds for a "bad rep" in town and the family's reputation is the cornerstone of Afghani culture...

My earlier point about submitting the same evidence in all 4 cases was merely to show that the evidence was already acceptable in 3 cases so I wondered why they would they ask follow-up questions in the 4th when it is the same family and the same practice. I had no idea that it may be working against us and I also wondered what more I could provide since we previously provided affidavits from the mosque and an independent third party who is a US citizen that lived and studied in our town for 30 years...

Anyhow, wish us luck and I will keep everyone posted.

Thanks!!!



Originally Posted by Folinskyinla
Hi:

Excellent suggestion. Law does allow for "opinion" testimony by "experts."

Also, I find Google to be a good source.
 
Old Dec 18th 2005 | 1:36 pm
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Default Re: Proof of Cultural Practice

Originally Posted by Rangena
Thank you all for your advice!



My earlier point about submitting the same evidence in all 4 cases was merely to show that the evidence was already acceptable in 3 cases so I wondered why they would they ask follow-up questions in the 4th when it is the same family and the same practice. I had no idea that it may be working against us and I also wondered what more I could provide since we previously provided affidavits from the mosque and an independent third party who is a US citizen that lived and studied in our town for 30 years...
Hi:

The argument that "it worked before, why not now?" is a fallacious one, but one commonly held. If you re-word it slightly it will be obvious -- "I got away with it three times before, why not a fourth?" The is a published case from 1998 called "Izummi" in the investor arena where a law firm had gotten 110 prior approvals for a program of extremely dubious legality -- and the then INS said 110 was 110 too many.

BTW, when I was admitted to the bar 30 years ago today, I worked for a tax firm -- and we would get "advance approval letters" of pension/profit sharing plans -- the IRS would state we approve of your written plan and as long as you act within the letter of the plan -- you are OK. INS/DHS won't do that.
 
Old Dec 19th 2005 | 11:30 am
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Angry Re: Proof of Cultural Practice

What do you mean "got away with it"? This is a cultural practice and there is no "getting away with it". You are making some insinuations about my case that aren't quite fair. Maybe you have been dealing with criminals too long. This forum is for asking questions and advice...Believe me, if I could see my fiance and talk to him on the telephone, life would be a whole lot easier!!!!!!


Originally Posted by Folinskyinla
Hi:

The argument that "it worked before, why not now?" is a fallacious one, but one commonly held. If you re-word it slightly it will be obvious -- "I got away with it three times before, why not a fourth?" The is a published case from 1998 called "Izummi" in the investor arena where a law firm had gotten 110 prior approvals for a program of extremely dubious legality -- and the then INS said 110 was 110 too many.

BTW, when I was admitted to the bar 30 years ago today, I worked for a tax firm -- and we would get "advance approval letters" of pension/profit sharing plans -- the IRS would state we approve of your written plan and as long as you act within the letter of the plan -- you are OK. INS/DHS won't do that.
 
Old Dec 19th 2005 | 12:36 pm
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Default Re: Proof of Cultural Practice

Sorry to interrupt but the bride and groom don't get to see each other until the wedding day??
Just a question!!
 
Old Dec 19th 2005 | 12:44 pm
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Default Re: Proof of Cultural Practice

Originally Posted by Rangena
What do you mean "got away with it"? This is a cultural practice and there is no "getting away with it". You are making some insinuations about my case that aren't quite fair. Maybe you have been dealing with criminals too long. This forum is for asking questions and advice...Believe me, if I could see my fiance and talk to him on the telephone, life would be a whole lot easier!!!!!!

You call it a cultural practice, but surely you can see that some might see it as a ploy to get foreigners to the US?

I'm not saying it is, but you have to admit it is weird...

I have a number of friends whose families practise arranged marriages, but the bride and groom are always allowed to meet beforehand and decide whether they want to go ahead with the marriage.

And what exactly is stopping you from talking to your fiance on the phone?
 


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