more than one wife

[maya62 7]

We know someone in Nepal who is interested in applying for the DV lottery. He is in a complicated situation in that he is married to 2 women (legal in Nepal). He is separated from the first wife and she is living in another country and does not have contact with him. I don't think he could reach her if he tried. He lives with the second wife. I'm not sure yet what paperwork currently exists on any of this. Not much, I expect.

Obviously he needs to take legal action, but what does he need to do before he can apply for the DV lottery? Legally separate from wife #1? Legally divorce wife # 1? Or can he take care of this if and when he wins the lottery, but before he applies for a visa?

Is there somewhere online where I could find an answer? I don't see it addressed in the DV lottery info, which I have already read.

Any sincere and non-judgmental feedback would be appreciated.

Maya

[ayomide1 5]

Unless US LAW, Polygamy is not allowed....He can only have one wife and one wife alone....There is no short cut to this rule

[maya62 7]

Yes, I am aware of the US law (USC since birth), but thanks for responding. My question is more related to the timing of the divorce from wife number 1.

If he has to get the divorce prior to applying for DV lottery 2013, it is unlikely he will be able to apply (only 2 weeks left). He will have to wait until this time next year to apply.

If he can just do legal separation before applying for DV lottery 2013, chances are better he will be able to get that done quickly.

If he can do either or both of the above AFTER applying for DV lottery 2013, but before applying for his visa (assuming he "wins" the lottery),then there is no present panic other than the photo requirements.... lol.

If anyone has any insight into this issue, it would be most appreciated!

thanks,

Maya

[skiptex 225]

I would think u tell complete truth in the process. . If the form requires only one wife record .. Then it would be safe to assume he needs the divorce to takrn care... is that information asked for the lotto?

[maya62 7]

Yes, the DV application (which is NOT a visa application) asks for basic info (name, birthdate, birthplace, etc...) and passport-style photos for applicant's spouse and all un-married children under 21 years of age. I believe all of these family members are eligible to accompany the applicant if they "win" the lottery and are successful in the visa application process that follows.

The plot thickens: I now see from my research that polygamy, while common in practice IS ILLEGAL in Nepal. But apparently after a slap on the wrist, both (or all) marriages are recognized by the govt of Nepal. Sounds about right. Nepal has some great laws, but most are not enforced at all, or are enforced selectively on those with no power /money to protect themselves from arbitrary enforcement (ie, the lower castes). Guess that's similar here and everywhere when you get right down to it.

At any rate, I think this fellow needs to just get the divorce (or legal separation at a minimum) before even applying for the DV lottery.

Thanks!

Maya

ETA: You are absolutely right Skiptex, he must tell the complete truth in his dealings with the US govt... this has already been explained to him and he will be reminded of it again!

Edited October 21, 2011 by maya62

[sachinky 465]

Polygamy is definitely NOT legal in Nepal -- not sure where you got that information from?

He should get a divorce from wife #1, then remarry wife #2 (since their marriage was polygamous in nature, therefore null and void) before anything related to US immigration is embarked upon.

[Brother Hesekiel 2,236]

Imagine it was legal to smoke pot in the Netherlands, or to go to a prostitute in Germany . . . oh, wait, it's legal there . . . and such a person would truthfully state on the U.S. visa application that they have been working in the oldest trade in the world, proud, making money, paying taxes, that would make them immediately inadmissible to the U.S., even though it's legal "over there."

Somebody who is married to more than one woman at the same time is guilty of polygamy under the strict U.S. law that is founded in good Christian tradition, you know the guys who burned women on the stake because the had red hair. Whether he divorces one of them is irrelevant. A sex offender or drug addict or prostitute or polygamist won't find absolution from Uncle Sam if he stops this illegal practice and says "look, I'm not doing it anymore!"

Not judging, just sayin'.

[Boiler 45,501]

Second one does not count so he would complete details of first one.