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MFA85

I-130 for Relative with two spouses

By MFA85 in Bringing Family Members of US Citizens to America

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MFA85 Newbie

MFA85   0

Posted
Filed: IR-1/CR-1 Visa Country: Afghanistan
 Timeline
Posted

Hi guys, 

I am bringing up a very complicated and complex question regarding filing petition I-130 for my relative with two spouses. Polygamy / multiple marriages are norm in many Asian and African countries. 

The new form I-130 (Page-6 "Beneficiary Marital Information) asking for complete information regarding beneficiary marital status. In this case the beneficiary has two wives, he has not divorced his first wife, but he wants to immigrate with only one wife (2nd one). How I am supposed to fill the form I-130? 

Looking forward for positive response.

 

Sunnyland Proficient

Sunnyland   639

Posted
Filed: Citizen (apr) Country: Argentina
 Timeline
Posted (edited)

The U.S. does not recognize a polygamous marriage. So you cannot file papers for 2 wives or in this case just wife#2. The second wife will not be recognized as wife since he did not divorce the first wife. And imagine if the US  allowed polygamy immigration, that would open a whole can of big worns.

Edited by Sunnyland
milimelo Veteran

milimelo   4,582

Posted
Filed: Citizen (apr) Country: Bosnia-Herzegovina
 Timeline
Posted
53 minutes ago, MFA85 said:

I know polygamy is not recognized in USA that’s why he wants to immigrate with only one wife. He is married legally to 2nd wife

Right but when it comes to immigration, US will only recognize the first wife, second one is out of luck. So, if he wants to bring the second one he has to divorce the first one. 

 

But if you keep insisting on this, do let us know what happens at interview. 

ROC 2009
Naturalization 2010

NigeriaorBust Grand Master

NigeriaorBust   4,087

Posted
Filed: Citizen (apr) Country: Nigeria
 Timeline
Posted

  If the "1st" wife is recognized in the home country then the US will not allow him to "choose" the 2nd wife.  He would have to divorce the first wife and remarry the second wife for her to be considered "his wife"  for immigration purposes.  

This will not be over quickly. You will not enjoy this.

geowrian Grand Master

geowrian   22,338

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted (edited)

Exactly. He could file a petition for his 1st wife, but not the 2nd. He can't pick and choose which marriage the US recognizes. The US only recognizes the first one. For immigration to the US, US laws are what matter.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 
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