complication in relationship of Husband and Wife

[christeen 966]

I repeat... You cannot force a petitioner to bring their spouse over to America... If he wishes to pull the petition, especially prior to visa issuance, then there is nothing, zilch, nada that the sister can do as there are no legal avenues for her to get a GC ... He is the key to the who,e process...

[Avery Cates 1,141]

He simply doesn't want to bring her anymore

That's the end of it.

I'm not sure what you're having trouble understanding.

When the daughter turns 21, she can potentially petition for her mother if she's claimed citizenship and resides in the US.

[baltoro 27]

He simply doesn't want to bring her anymore

Finally you have referred to something what he has actually said. So far you were stuck in polygamy for some reason. Now that you have understood the question, go back to my 3 points I suggested him.

Edited May 1, 2014 by okemo

[belinda63 3,047]

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?

The OP bought up the issue of polygamy. Therefore it must be fact that he is married to two different people at the same time. It is unclear which wife is the real one and which is the fake. I am reading it as the sister is the second wife (possibly after divorce to first) and the new wife is the not wife.

How do you propose she obtain an immigrant visa if he never files the affidavit of support? Or if he has already filed it if he withdraws it? You must have financial sponsorship to come on a spousal visa. He must fill the papers, no one else can do it in place of him. Of what if he contacts the embassy and states he is no longer married to her (maybe he divorced without her knowledge) or is in the process of filing for divorce. No spouse=no visa. No affidavit of support=no visa.

The child can file for the parent when it turns 21. It will have to provide proof of a US domicile and US income or a joint sponsor.

Please explain to us a concrete path that will permit her to immigrate to the US without the cooperation of the spouse.

[Avery Cates 1,141]

(maybe he divorced without her knowledge)

Indeed, that's what I speculated originally.

[baltoro 27]

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?

The OP bought up the issue of polygamy. Therefore it must be fact that he is married to two different people at the same time. It is unclear which wife is the real one and which is the fake. I am reading it as the sister is the second wife (possibly after divorce to first) and the new wife is the not wife.

How do you propose she obtain an immigrant visa if he never files the affidavit of support? Or if he has already filed it if he withdraws it? You must have financial sponsorship to come on a spousal visa. He must fill the papers, no one else can do it in place of him. Of what if he contacts the embassy and states he is no longer married to her (maybe he divorced without her knowledge) or is in the process of filing for divorce. No spouse=no visa. No affidavit of support=no visa.

The child can file for the parent when it turns 21. It will have to provide proof of a US domicile and US income or a joint sponsor.

Please explain to us a concrete path that will permit her to immigrate to the US without the cooperation of the spouse.

I think our reading on his marriage situation is same. I don't think there was polygamy because if there was, why would he file for the sister if he was already married at the same time? That seems trouble to me, he is convicting himself. So my assumptions it was one marriage at a time.

Now if you read my post, I never said there is a clear path for her and it is making it totally hard for her to continue without husband support but I think she should continue her effort with what she has (read my 3 points I suggested earlier) instead of abandoning. This becomes an appeal on humanitarian basis.

Remember to become US citizen, you don't have to be married to US citizen. You can get citizenship through employer, you can get citizenship through asylum, you can get citizenship being extraordinary sports player. The applicant did have a legal marriage with US citizen in this case, she has a daughter from that marriage, this gives you reasonable ground to make your case and try you luck. That's all I am saying and I stand by it. Apparently this is too hard for you guys to understand.

Edited May 1, 2014 by okemo

[christeen 966]

Based on the info provided There are No grounds for her to file without the husbands support... No grounds... Period...

[belinda63 3,047]

So what visa should she apply for since it appears the spousal visa application is dead?

(1) her I-130 is approved : She has no visa and if he doesn't submit the affidavit of support there will be no visa interview. No one can step into his place in a spousal visa petition. Humanitarian sponsors are for family members if the sponsor dies while the petition is at this or a later stage.

(2) she is mother of US citizen: When the child turns 21 the child can petition for the parent.

(3) polygamy is a serious offense in US and it easily flips the case against husband: If he is a polygamist she can file a criminal complaint against him but that won't get her a visa.

What skills does she have as performing artist or sports competitor?

What work skills does she have that she may find a sponsor for an employment visa?

Can she apply to and be accepted by a US college?

Is her country so war torn or dangerous to her that she qualifies for refugee status?

How do you propose she proceed with the petition when her spouse refuses to cooperate? Should she just go to the embassy and demand a visa because she used to (or might still be) married to a US citizen?

Edited May 1, 2014 by belinda63

[baltoro 27]

So what visa should she apply for since it appears the spousal visa application is dead?

(1) her I-130 is approved : She has no visa and if he doesn't submit the affidavit of support there will be no visa interview. No one can step into his place in a spousal visa petition. Humanitarian sponsors are for family members if the sponsor dies while the petition is at this or a later stage.

(2) she is mother of US citizen: When the child turns 21 the child can petition for the parent.

(3) polygamy is a serious offense in US and it easily flips the case against husband: If he is a polygamist she can file a criminal complaint against him but that won't get her a visa.

What skills does she have as performing artist or sports competitor?

What work skills does she have that she may find a sponsor for an employment visa?

Can she apply to and be accepted by a US college?

Is her country so war torn or dangerous to her that she qualifies for refugee status?

How do you propose she proceed with the petition when her spouse refuses to cooperate? Should she just go to the embassy and demand a visa because she used to (or might still be) married to a US citizen?

The approval and disapproval of a petition is completely at the discretion of US government. You are too naive to ask which visa. They could recognize the marriage and determine it lasted long enough, had a US citizen child who needs her mother and wave certain conditions on humanitarian grounds like AOS. What's the harm in trying again?

[aaron2020 11,651]

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).

Polygamist don't report they already married when they commit polygamy and get another marriage certificate. So, a marriage certificate is not evidence that the marriage is valid. A person with a low IQ would know this.

You thinking you have a higher IQ than others is your problem. Funny.

[aaron2020 11,651]

I'm done with this thread and this high IQ moron.

OP. You can listen to one person who recently joined this board or take the advice of many people with years of experience here.

Best of luck to your sister.

[baltoro 27]

So, a marriage certificate is not evidence that the marriage is valid.

LOL idiot!

[Avery Cates 1,141]

The approval and disapproval of a petition is completely at the discretion of US government. You are too naive to ask which visa. They could recognize the marriage and determine it lasted long enough, had a US citizen child who needs her mother and wave certain conditions on humanitarian grounds like AOS. What's the harm in trying again?

You're just straight captaining the USS Makeshitup at this point.

[belinda63 3,047]

#inbeforethreadisclosed.

Just having a USC child (under 21) or having been married to a USC grants you no rights to immigrate to the US. If it did we would have about several million more people living here.

[Avery Cates 1,141]

#inbeforethreadisclosed.

Just having a USC child (under 21) or having been married to a USC grants you no rights to immigrate to the US. If it did we would have about several million more people living here.

More than that, likely.