Need Help Regarding Child Birth Report Abroad Process

[pm5k 129]

8 hours ago, aaron2020 said:

You have a bigger problem than a mere discrepancy.   

You were legally married to two women at the same time.

 

While polygamy is legal in Pakistan, you are a US citizen and resident.  Polygamy is not legal in the US.  And it's definitely a barrier to getting an immigration visa.

You need to consult with a qualified immigration attorney.  This is not a DIY case.   Sorry, but you really messed up by marrying another woman before your divorce was final.  

Revisiting this -

 

This is a good point.  While your second marriage was not recognized in the US, you technically did partake in polygamy.  Now, penalties regarding polygamy are not commonly enforced, but this will probably come up during an interview and case review. 

 

You should do a few things:

1. Write a statement that you yourself did believe that you were divorced.  You only entered this second marriage because you believed yourself to be divorced and hence able to remarry.

2. You should find an attorney who can write about the fact that you were not familiar with this area of law, and that in Pakistan most people do not understand divorce law or the 90 day rule. 

3. See my other post about remarrying.  But basically, you two need to get married as if you were not previously married.  Just go to the UC or family court and start over.  No divorce needed.

[pm5k 129]

One more thing - the US apparently makes a distinction between INTENTIONAL polygamy and accidental polygamy.  Your case, based on what you have mentioned, would be in the accidental category. 

Edited October 21, 2020 by pm5k
typo

[Syed Amir Hassan 5]

1 hour ago, pm5k said:

  

 

You and your wife need to understand the nuances of your case.  Your case is complicated because your marriage would be legal in Pakistan (your wife being a second wife), but not in the US.  Because of this, even in Pakistan, you will find lawyers and UC personnel who say you need to get divorced before you remarry.  The problem with doing that is that your wife would technically need to marry someone else first before marrying you, which simply is not an option for countless reasons.  This will only complicate things. 

 

As for getting married again, I would think that you you just need to go to a UC or family court, and get married.  Start over, start fresh, as if you two were getting married the first time.  Just make sure your certificate says "divorced" for your status, and "unmarried" for her status.  Remember, per US law, you two are not married.

 

You may also want to get a lawyer to write you a letter on behalf of your case.  Make sure you find one that is familiar with the 90 day divorce rule.  Some of my friends have gone to lawyers and they were not familiar with this rule, so it only complicated things further. 

 

 

Thanks for the advice, but I’m little confused about my January 14, 2020 Marriage certificate which was issued by NADRA, how could I nullify this certificate without having divorce? Can a Family court in Pakistan issued a new Nakanama with the same person at later date?

[pm5k 129]

5 minutes ago, Syed Amir Hassan said:

Thanks for the advice, but I’m little confused about my January 14, 2020 Marriage certificate which was issued by NADRA, how could I nullify this certificate without having divorce? Can a Family court in Pakistan issued a new Nakanama with the same person at later date?

Why not?  You go to the union council, get a new nikah nama, and then use that to obtain a new NADRA certificate

The other option is to have the marriage annulled in court and then remarrry.  This would also not require a divorce.  You may also be able to have this annulled at the UC if the UC chairman is able to write a letter to this effect.

 

If you get divorced, it will only complicate things.

 

Edited October 21, 2020 by pm5k
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[FamousJerry 47]

My daughter was born in thailand before we were married, it did not cause any harm or delay in getting my now wife then fiance  a Kq visa approved. And now my daughter is a dual citizen of Thailand and USA.

[Chancy 6,241]

8 minutes ago, FamousJerry said:

My daughter was born in thailand before we were married, it did not cause any harm or delay in getting my now wife then fiance  a Kq visa approved. And now my daughter is a dual citizen of Thailand and USA.

 

Uhh, I think your situation is way different to the OP's.  In the first place, he filed for a spouse visa petition.  Based on a marriage that the US government considers invalid...

 

[FamousJerry 47]

5 minutes ago, Chancy said:

 

Uhh, I think your situation is way different to the OP's.  In the first place, he filed for a spouse visa petition.  Based on a marriage that the US government considers invalid...

 

I was simply trying to say the government doesn't care if the child was born in our out of wedlock to approve the transfer of citizenship from a USC to his or her child. They only want to know for the CBA listing.  We made many calls to the embassy and i also when in usa went to talk to our local fed officials to make sure there was not going to be a problem for me when my daughter was born before we were married. I listed my K1 process to show it was not exactly the same situation as him.  But thanks for pointing it out and trying to make something out of nothing other than passing on a experience we had during a "simillar" process.

 

I was answering his CBA question.

[pm5k 129]

15 minutes ago, FamousJerry said:

I was simply trying to say the government doesn't care if the child was born in our out of wedlock to approve the transfer of citizenship from a USC to his or her child. They only want to know for the CBA listing.  We made many calls to the embassy and i also when in usa went to talk to our local fed officials to make sure there was not going to be a problem for me when my daughter was born before we were married. I listed my K1 process to show it was not exactly the same situation as him.  But thanks for pointing it out and trying to make something out of nothing other than passing on a experience we had during a "simillar" process.

 

I was answering his CBA question.

Agreed, CRBA is not much of an issue here

[pm5k 129]

OP, you could theoretically sponsor her on a K1 visa since you are technically not married under US law

You would need to get married in the US

Edited October 21, 2020 by pm5k
terms

[Chancy 6,241]

1 minute ago, pm5k said:

OP, you could theoretically sponsor her on a K1 visa since you are technically not married under US law

You would need to get married in the US

 

Too married for K1.  Not married enough for CR1.  Yes, it's actually a thing.

 

[Syed Amir Hassan 5]

10 minutes ago, pm5k said:

OP, you could theoretically sponsor her on a K1 visa since you are technically not married under US law

You would need to get married in the US

Thanks for the suggestion, but what I’ll do with Pakistani Passport and Pakistan’s National ID card which mentioned my name as her husband if I’ll go with K1 visa option??

[payxibka 10,045]

2 minutes ago, Syed Amir Hassan said:

Thanks for the suggestion, but what I’ll do with Pakistani Passport and Pakistan’s National ID card which mentioned my name as her husband if I’ll go with K1 visa option??

People provide answers without thinking it through.   You have already informed the uscis of a marriage.   In order to get an I129F petition past the USCIS,  you will need to provide evidence of termination of that marriage.   

[pm5k 129]

7 minutes ago, Syed Amir Hassan said:

Thanks for the suggestion, but what I’ll do with Pakistani Passport and Pakistan’s National ID card which mentioned my name as her husband if I’ll go with K1 visa option??

Well, that complicates things.  She would need to have it corrected to show her status as single.  Problem is that the system probably won't let it get changed since you are married under Pakistani law.

 

3 minutes ago, payxibka said:

People provide answers without thinking it through.   You have already informed the uscis of a marriage.   In order to get an I129F petition past the USCIS,  you will need to provide evidence of termination of that marriage.   

USCIS will consider the marriage invalid, so why would termination be needed?

Edited October 21, 2020 by pm5k
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[payxibka 10,045]

1 minute ago, pm5k said:

 

 

USCIS will consider the marriage invalid, so why would termination be needed?

I would not be so sure.

[pm5k 129]

2 minutes ago, payxibka said:

I would not be so sure.

OP's first post seems to say that

 

OP, you could wait until you get an RFE and then respond accordingly.

Edited October 21, 2020 by pm5k