Need Help and Information?

[patsi 0]

Hi, I am new member, needs help and information.
I am Pakistani, living in Dubai, United Arab Emirates for past 25 years, married to an US citizen for 1 year and 4 months, I am a second wife and have 4 month old Boy,born in Dubai and he is US citizen as well
My hubby passed away 2 months ago. I would like to apply for immigrant visa to live in USA.

I am confused, have no idea, which form would be the best, I-130 or I-136? Which will be fastest and better option for my Visa.

What documents should be attached and how should I proceed?

Help please?

Edited September 30, 2013 by patsi

[Mark88 184]

I'm not too familar how the visa issue works for a widow of a USC, but I do remember reading someting, that the marriage must have existed minimum two years inable to qualify.

http://www.ustraveldocs.com/kr/kr-iv-typeiw.asp

http://mongolia.usembassy.gov/widow/widower.html

If your marriage only was 16 Months, you wouldn't qualify and are not able to immigrate to the US. That rule might have been lifted. I hope someone else can help you more since it is not listed on the USCIS website (but it is listed on a embassy site, see above link):

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a5febebf59d85210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD

Your child however might qualify for USC and you can file a CRBA with the embassy in the UAE. I would definatly do a CRBA no matter if you file for a immigrant visa or not.

On a personal note, I'm very sorry for your loss.

Edited September 30, 2013 by Mark88

[Pitaya 2,577]

~Duplicate thread removed~

~Please refrain from posting same topic in multiple forums~

[patsi 0]

I'm not too familar how the visa issue works for a widow of a USC, but I do remember reading someting, that the marriage must have existed minimum two years inable to qualify.

http://www.ustraveldocs.com/kr/kr-iv-typeiw.asp

http://mongolia.usembassy.gov/widow/widower.html

If your marriage only was 16 Months, you wouldn't qualify and are not able to immigrate to the US. That rule might have been lifted. I hope someone else can help you more since it is not listed on the USCIS website (but it is listed on a embassy site, see above link):

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a5febebf59d85210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD

Your child however might qualify for USC and you can file a CRBA with the embassy in the UAE. I would definatly do a CRBA no matter if you file for a immigrant visa or not.

On a personal note, I'm very sorry for your loss.

Thank you Mark88,

CRBA is completed and My Child is US citizen.

[jan22 3,064]

Hi, I am new member, needs help and information.

I am Pakistani, living in Dubai, United Arab Emirates for past 25 years, married to an US citizen for 1 year and 4 months, I am a second wife and have 4 month old Boy,born in Dubai and he is US citizen as well

My hubby passed away 2 months ago. I would like to apply for immigrant visa to live in USA.

I am confused, have no idea, which form would be the best, I-130 or I-136? Which will be fastest and better option for my Visa.

What documents should be attached and how should I proceed?

Help please?

When you say you are a second wife, do you mean the first marriage ended (through divorce or death of the fist spouse) or do you mean your husband was married to his first wife and then married to you while still married to the first wife? If it's the second (that you and the first wife were married to your husband at the same time), you will not qualify for immigration to the U.S. U.S. law only recognizes the first wife as a valid marriage.r

[Mark88 184]

Thank you Mark88,

CRBA is completed and My Child is US citizen.

Your welcome. The USCIS site does mention that the two year rule was lifted in 2010. So your chances might be good.

...U.S. law only recognizes the first wife as a valid marriage.r

Unless the first marriage was lawfully divorced or ended through the passing of his first wife.

[patsi 0]

the first marriage was not ended or divorced.

[belinda63 3,047]

Then you have never been legally married to him according to US law.

[Mark88 184]

Then you have never been legally married to him according to US law.

I agree. If the first marriage wasn't divorced or otherwise legally ended, it doesn't look good for you. How did you both get married then, with him still beeing married?