complication in relationship of Husband and Wife

[younas 0]

hii Vjs

I have a critical situation here with one of my sister and I need the guidance of you people.

My sister is married since almost 9 years to a American citizen and she have a daughter aged about 10 years. her husband was also married to another lady and now he is not supporting my sister anymore because He is upto his third marriage. He was also married in USA from where he got his PR.

He was bringing my sister here in USA and their immigration process was on NVC but now he don't wanna proceed anymore. Her daughter (who is almost 10 years old) is a US citizen and have a passport and Citizenship certificate.

Q No 1: According to the US law, having more then 1 wife or husband at a time is a criminal act as practicing "Polygamy". Is he a criminal as he is already having 2 wives?

Q No 2: Is there any possibility that my sister can get out and come in USA without her husband's will because Her daughter is a US citizen?

[Avery Cates 1,141]

hii Vjs

I have a critical situation here with one of my sister and I need the guidance of you people.

My sister is married since almost 9 years to a American citizen and she have a daughter aged about 10 years. her husband was also married to another lady and now he is not supporting my sister anymore because He is upto his third marriage. He was also married in USA from where he got his PR.

He was bringing my sister here in USA and their immigration process was on NVC but now he don't wanna proceed anymore. Her daughter (who is almost 10 years old) is a US citizen and have a passport and Citizenship certificate.

Q No 1: According to the US law, having more then 1 wife or husband at a time is a criminal act as practicing "Polygamy". Is he a criminal as he is already having 2 wives?

Q No 2: Is there any possibility that my sister can get out and come in USA without her husband's will because Her daughter is a US citizen?

Yes, he can't legally have more than one wife. However, since she's in another country, it's entirely possible that he filed for a divorce without her knowing.

US Citizen children do not confer any legal status to their parent. Without an appropriate visa, your sister cannot enter the US. Since it sounds like she intends to immigrate to the US, a visitor visa will hopefully be rightfully denied. Once old enough the child can petition for the mother if she has established domicile in the US.

Loose information that I'm not 100% sure of: She has to be 18 before she can petition for her mother, and the wait time for it to be approved and issued is like 10 or 20 years, depending on the country.

Edited April 21, 2014 by Avery Cates

[kzielu 1,149]

She will have to be 21 to petition mom.

[jan22 3,064]

The U.S., as you know, does not permit multiple marriages. For those whose religion permits it, it is only illegal to enter the U.S. with the intent to practice polygamy. So, if you have 3 spouses outside the U.S., as long as you don't bring them all into the U.S. to live as your spouse, you are not committing a U.S. crime. For immigration purposes, the U.S. only recognizes the first marriage, i.e., that is the only spouse you can petition for. If that person dies, or you divorce, then you can petition for another of your spouses -- but you would have to marry them again first, since it wouldn't ever be recognized as a valid marriage for immigration. It becomes difficult to convince USCIS and the visa officer, however, that the divorce was valid and not just an attempt to circumvent immigration law by bringing in multiple spouses.

So, in your sister's case, he cannot petition for her, assuming he is still married to one of the other wives and that wife is in the U.S. There is no way this should have reached the NVC stage -- other than, perhaps he lied to USCIS.

As others have said, the daughter can petition for an IR-5 for her mother when she (the daughter) is 21 years old. Will likely be difficult, though, for the daughter to meet the residency and support requirements without a great deal of advance planning,

[aaron2020 11,651]

Loose information that I'm not 100% sure of: She has to be 18 before she can petition for her mother, and the wait time for it to be approved and issued is like 10 or 20 years, depending on the country.

USC must be at least 21 years old to petition a parent. It takes about a year and is not country dependent.

[baltoro 27]

Where there are genuine circumstances, there is some flexibility in the system. I would suggest to continue processing at NVC on her own behalf. I think at NVC (I am at NVC stage as well and still learning), it is mostly process for the applicant and beneficiary role is to show financial support. Can you or someone else in family who is in US show they can support her? Can she establish that she have enough education and skills that she will not be public charge on the system? I am just thinking outside of the box. There is always humanitarian basis, in this case because she is also legal guardian of US citizen (her daughter). It may not earn her citizenship yet but I am sure there is a way she gets a visa to be with her. Good luck!

[milimelo 4,568]

Where there are genuine circumstances, there is some flexibility in the system. I would suggest to continue processing at NVC on her own behalf. I think at NVC (I am at NVC stage as well and still learning), it is mostly process for the applicant and beneficiary role is to show financial support. Can you or someone else in family who is in US show they can support her? Can she establish that she have enough education and skills that she will not be public charge on the system? I am just thinking outside of the box. There is always humanitarian basis, in this case because she is also legal guardian of US citizen (her daughter). It may not earn her citizenship yet but I am sure there is a way she gets a visa to be with her. Good luck!

This line of thinking is wrong. Petitioner doesn't want to proceed through rest of the process. No one else can take over - it's a spousal petition. Also, how do you recommend they will pass NVC and CO scrutiny when it surfaces the husband is still married to the first wife? No petitionable relationship as in the eyes of the law for immigration or any other benefits they're not married legally.

OP's sister can certainly wait another 11 years for her daughter to reach 21 yrs of age and petition her. Bear in mind that as a USC the kid is required to do her taxes with IRS every year on worlwide income.

Alternately, if OP's sister is a citizen, she can also file for her sister - 12-13 yrs wait.

Or. DV lottery.

[aaron2020 11,651]

Where there are genuine circumstances, there is some flexibility in the system. I would suggest to continue processing at NVC on her own behalf. I think at NVC (I am at NVC stage as well and still learning), it is mostly process for the applicant and beneficiary role is to show financial support. Can you or someone else in family who is in US show they can support her? Can she establish that she have enough education and skills that she will not be public charge on the system? I am just thinking outside of the box. There is always humanitarian basis, in this case because she is also legal guardian of US citizen (her daughter). It may not earn her citizenship yet but I am sure there is a way she gets a visa to be with her. Good luck!

Stop your thinking outside the box. Immigration follows the law, not the randomness you posted.

None of what you posted is helpful because none of it is based on facts or reality. You are pulling random ideas out of your head and giving people false hope.

Next time, base your advice on facts and the law.

[baltoro 27]

To the original poster, don't let the -ve feedback get to you. My words and strategy is not perfect but I hope you get the message that don't give up and keep looking for ways. Your sister has few things working for her, (1) her I-130 is approved (2) she is mother of US citizen. (3) polygamy is a serious offense in US and it easily flips the case against husband. I hope she work with this to make her way and I am sure she will. Most probably NVC may not help her directly but look for other channels. This was a while ago but if I remember correctly, something like this happened to some girl in my country who fell to polygamy and she wrote to US embassy for help and I believe they help her out. One advise I will give you is don't lie to NVC or immigration or embassy.

[christeen 966]

If he is still married to someone else, then he can't be legally married to your sister... No legal marriage = no GC as sister is not legally his wife...

No GC through children until chile is 21

You cannot process a spouse visa without the cooperation of the spouse... If he chooses to cancel the petition or not cooperate she cannot force it... Petitioning for a foreign spouse is a courtesy that the US govt gives to its citizens... Not the other way around... The USA citizen is in control...

Sorry, but it sounds like not matter how you look at it, your sister is not coming to America at this time...

[aaron2020 11,651]

To the original poster, don't let the -ve feedback get to you. My words and strategy is not perfect but I hope you get the message that don't give up and keep looking for ways. Your sister has few things working for her, (1) her I-130 is approved (2) she is mother of US citizen. (3) polygamy is a serious offense in US and it easily flips the case against husband. I hope she work with this to make her way and I am sure she will. Most probably NVC may not help her directly but look for other channels. This was a while ago but if I remember correctly, something like this happened to some girl in my country who fell to polygamy and she wrote to US embassy for help and I believe they help her out. One advise I will give you is don't lie to NVC or immigration or embassy.

Negative feedback???? Letting the OP know the law and the truth is negative????

How about false hope? How about making things up to appear smart?

You have not cited any laws.

You think your ideas are good. Your ideas are bad.

You "heard" something. Very reliable.

First, an approved I-130 does not mean anything because it does guarantee a visa.

Second, a US citizen child does nothing forte parent. A USC has to be 21 to petition a parent. Try researching "anchor babies."

Third, the sister is not a spouse for US immigration purposes. We don't allow polygamy and people who marry polygamist can not qualify as a spouse.

You are a horrible person who is giving people false hope.

Notice that no one agrees with you.

Edited April 30, 2014 by aaron2020

[baltoro 27]

If he is still married to someone else, then he can't be legally married to your sister... No legal marriage = no GC as sister is not legally his wife...

No GC through children until chile is 21

You cannot process a spouse visa without the cooperation of the spouse... If he chooses to cancel the petition or not cooperate she cannot force it... Petitioning for a foreign spouse is a courtesy that the US govt gives to its citizens... Not the other way around... The USA citizen is in control...

Sorry, but it sounds like not matter how you look at it, your sister is not coming to America at this time...

No, the petitioner is not in control, it is the US government that is in control. The US government approves or rejects a petition not the spouse. The petitioner job is to show he or she is legally married to this person, everything else lies with the US government. By sponsoring her I-130 and having a child, that has already been established (you will have to establish that). It would definitely be good if he was still behind the case but now you have to work with what you have.

Think of this another way, a husband sponsors her wife and she comes here but they split in the first month of living together. This doesn't mean he can now take away her greencard. Down the road the wife still has to prove to the US government that her marriage was legit and in good faith and it collapses due to unavoidable issues. Your case is similar to that but the marriage has sort of collapsed before she is even here. I am not saying there is clear cut path for you, but it is is extraordinary circumstances and you should try to make your way with it.

[aaron2020 11,651]

No, the petitioner is not in control, it is the US government that is in control. The US government approves or rejects a petition not the spouse. (True, but the petitioner cannot abandoned a case? A case can proceed without his involvement?) The petitioner job is to show he or she is legally married to this person (How is an invalid polygamist marriage legal?) , everything else lies with the US government. By sponsoring her I-130 and having a child, that has already been established (Do you understand what a prima facie approval mean? It means it's not final. Nothing is final until a visa is in hand. So, nothing has been established definatively). It would definitely be good if he was still behind the case but now you have to work with what you have. (What does the OP's sister have? An invalid marriage. A USC child that can only petition her after the child turns 21 years old.)

Think of this another way, a husband sponsors her wife and she comes here but they split in the first month of living together. This doesn't mean he can now take away her greencard. Down the road the wife still has to prove to the US government that her marriage was legit and in good faith and it collapses due to unavoidable issues. Your case is similar to that but the marriage has sort of collapsed before she is even here. (Really - no difference between someone who has been granted a valid visa t come to the US and is in the US versus a person who has not been granted a visa and is outside the US?) I am not saying there is clear cut path for you, but it is is extraordinary circumstances and you should try to make your way with it. (The only thing you are saying is gibberish. Made up by you with no basis in facts or the law.)

You are a real piece of work.

Everything you wrote is FALSE.

Edited April 30, 2014 by aaron2020

[christeen 966]

No, the petitioner is not in control, it is the US government that is in control. The US government approves or rejects a petition not the spouse. The petitioner job is to show he or she is legally married to this person, everything else lies with the US government. By sponsoring her I-130 and having a child, that has already been established (you will have to establish that). It would definitely be good if he was still behind the case but now you have to work with what you have.

Think of this another way, a husband sponsors her wife and she comes here but they split in the first month of living together. This doesn't mean he can now take away her greencard. Down the road the wife still has to prove to the US government that her marriage was legit and in good faith and it collapses due to unavoidable issues. Your case is similar to that but the marriage has sort of collapsed before she is even here. I am not saying there is clear cut path for you, but it is is extraordinary circumstances and you should try to make your way with it.

You are completely incorrect and the advice you are giving the OP is false hope as best, wreckless at worst. Setting aside the whole "not legally married because he has a previous wife that he never divorced" issue... Until the visa is issued,mthe petitioner (that is the USC) can cancel the petition and the foreign spouse cannot force the USC or the USA govt. to grant them a visa... So you should stop giving completely incorrect information.

[baltoro 27]

I advise you guys to first read and understand the original question and you guys should really abstain from posting anything anywhere for the same reason that you don't even understand a question first. How did you guys come to conclusion that she was never legally married to US citizen because there was polygamy? So you think US government approved her I-130 without any marriage certificate? Nice.

The OP implies she doesn't want to bring his wife and he is 'up to' third marriage. It DOESN'T mean he has 3 wife at the same time. You can deduce If he brings her than he will have to go through divorce, than can be expensive for him. He simply doesn't want to bring her anymore and have a new wife. Such things doesn't fly to US government.

I don't want to explain things over again to couple of people with extremely low IQs (sorry to say).