How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Judith Your Own Question
Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28187
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
12467490
Type Your Immigration Law Question Here...
Judith is online now
A new question is answered every 9 seconds

I'm a US citizen, I want to travel to Tunisia to marry my

Customer Question

I'm a US citizen, I want to travel to Tunisia to marry my Libyan boyfriend. We are both Muslim will a Muslim marrige certificate allow him to come to the United States as my husband?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith replied 1 year ago.
Congratulations on your up coming marriage.Yes, as long as the marriage is recognized by Tunsia then the US will accept it as a valid marriage. You will need the original marriage certificate and will have to have it translates.Here is the information from the Dept of State on acceptable Tunisian marriages:Marriage Certificates Available for all marriages celebrated in Tunisia on or after August 1, 1957, regardless of the race, religion, or nationality of the contracting parties. They are obtainable from the Office of the Registrar (Bureau de l'Etat-Civil) where the marriage was performed.In order for a foreign national to get married in Tunisia, the non-Tunisian will have to produce his or her passport, birth certificate, proof of legal capacity to enter into a marriage contract, and a prenuptial marriage certificate (certificate pré-nuptial/ chahadatou el tobya li ittimam el zaouaj الشهادة الطبية لأتمام الزواج ). The groom must be over 20 years of age and the bride over 17. If the bride was previously married, at least three months must have elapsed since her last divorce before she can register a new marriage. Marriage between foreign non-Muslim men and Tunisian Muslim women is forbidden unless the man converts to Islam.The civil marriage takes place at the registrar (Mairie/ Baladya البلدية) at any local town hall (في أي بلدية كانت ليس بالضرورة التابعة لمكان الاقامة). A civil marriage certificate (certificate de marriage/madhmoun zaouaj مضمون الزواج) is provided. Copies of the marriage certificate are available from any town hall in Tunisia.For traditional marriages, the contract is signed by a notary public (Notaire/Adel ichhad عدل اشهاد), and a marriage contract (contrat de marriage/aked zaouaj عقد زواج) is issued.This marriage contract is not valid unless it is registered at the Town Hall (Mairie / Baladia البلدية). After registering the marriage at the town hall, the bride and groom may obtain a civil marriage registration (Certificate de marriage/, madhmoun zaouaj مضمون زواج).Marriages which took place prior to August 1, 1957:With regard to Tunisian Moslems or Tunisian Jews: If the marriage was celebrated before the magistrate in charge of the Office of the Registrar, application should be made to the office (Bureau de L'Etat-Civil) where the marriage took place. If the marriage was celebrated by a Cadi or a Rabbi or before two Moslem or Rabbinical notaries, the parties may apply for their marriage certificates or notarial acts to the Tribunal of First Instance of the place where the marriage took place.With regard to persons of European descent: If their marriage was celebrated before the magistrate in charge of the Office of the Registrar, application should be made to the office (Bureau de l'Etat-Civil) where their marriage took place. If the marriage was celebrated by the Controleur Civil, the marriage record may be obtained from the French Consulate General in Tunis.The Prelature of Tunis maintains records of all Catholic marriages celebrated in Tunisia.http://travel.state.gov/content/visas/english/fees/reciprocity-by-country/TS.html#marriagecertificates-2He will not be allowed to return to the US with you. You will need to come back and file his immigrant visa petition I-130 here in the US and he has to wait.Unfortunately, you will have to be patient because it will take a total of 6-10 months for you and he to go through the arduous process of her immigrating.You will file form I-130 with the USCIS here in the US at the lockbox (PO Box) as per the instructions.You must include with the form a G-325A for you and he along with 2 passport style photos of each of you.You can find those forms and instructions at this linkhttp://www.uscis.gov/formsOnce your petition is approved (it will take 3-5 months) you will be notified and the petition will be sent to the National Visa Center. In approximately 2-3 weeks they will send you a bill for the immigrant visa fee $230 and your Affidavit of Support (I-864) $88.Once you pay these you will receive instruction on submittin the I-864 and he will get her instructions on beginning the immigrant visa process by submitting the DS-230 Immigrant Visa Application.After that is received the USCIS will request his background/security check be done by the FBI. When the clearance on him is received the file is forwarded to the US consulate or Embassy in Tunsia or where he is living . He will then receive her instructions for her medical and visa appointment. He will be told what documentation to bring.Since Tunsia is one of the tougher posts regarding their attempts to identify marriages that are not made in good faith you and she need to document your relationship with pictures, cards, emails, printouts of your skype conversations, etc.You also need to discuss your personal life details in detail such as where you work, physical address, your position, job duties, details about your family and details about them, such as where your children go to school, work or other information about them. You should converse as much as possible in English as it is best for her to do her interview in English as that is additional evidence of you having a good relationship - that you can communicate in a common language.They question marriages where the spouses cannot talk to one another.AFter the interview he will be told to leave his passport and the immigrant visa packet will to sent back to him withing 2 weeks at which time he may travel to the US. He has 6 months to use the visa.Upon arrival he is processed as a permanent resident and he will receive his resident card in the mail in 30-60 days. He will be a conditional resident and you and you and he will have to file to remove the conditions within the 90 day window of the expiration of her 2 year conditional status.I see this is the first time you are using JA and I am eager to make this a positive experience for you. Please ask follow-up questions if my answer is not clear.Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face, but more importantly, I want you to come back to the site for all your answers from over a 100 categories of experts!In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.Judith
Expert:  Judith replied 1 year ago.
This is a lot to take in and I am available to you for a telephone discussion if you would like to talk in person today. Let me know and I will send you an offer for this additional service.Judith
Expert:  Judith replied 1 year ago.
Hi Sheawanna
Was my answer not helpful? Where did I fall short? What more can I answer?
Judith
Expert:  Judith replied 1 year ago.
Sheawanna, was my answer needing clarification? Please let me help you. This is a very complicated process. I love the immigration law and am privileged to be able to share my knowledge with you. Let me know what I can do to help. I am on your side!
Judith

Related Immigration Law Questions