Need Help Regarding Child Birth Report Abroad Process

[payxibka 10,045]

Just now, pm5k said:

OP's first post seems to say that

Please don't confuse the consulate with the USCIS 

[pm5k 129]

Just now, payxibka said:

Please don't confuse the consulate with the USCIS 

USCIS has previously seen this issue come up in Pakistan

[aaron2020 11,651]

43 minutes ago, pm5k said:

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.

 

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

The marriage is valid because polygamy is legal in Pakistan where the marriage took place.

 

The marriage is invalid from the POV of the US government because the US does not recognize 2nd, 3rd, 4th wives in polygamous marriages.  

It's called conflicting laws by two sovereigns.  

 

If OP wants benefits under US laws - CRBA or an immigration visa - then he needs to comply with US laws.  He needs a US immigration attorney who is familiar with these problems.

OP - go see a qualified immigration lawyer.  Speculations by amateurs on how to solve this MAJOR problem is not the way to go.   

[pm5k 129]

6 hours ago, aaron2020 said:

The marriage is valid because polygamy is legal in Pakistan where the marriage took place.

 

The marriage is invalid from the POV of the US government because the US does not recognize 2nd, 3rd, 4th wives in polygamous marriages.  

It's called conflicting laws by two sovereigns.  

 

If OP wants benefits under US laws - CRBA or an immigration visa - then he needs to comply with US laws.  He needs a US immigration attorney who is familiar with these problems.

OP - go see a qualified immigration lawyer.  Speculations by amateurs on how to solve this MAJOR problem is not the way to go.   

Agreed, this is indeed a conflict of laws situation. 

 

I was simply advising regarding the divorce because many Pakistani lawyers are themselves not familiar with the divorce process in Pakistan.  I have friends who were actually in a similar situation and multiple lawyers said that their divorce was final when in fact it was not. 

[Ryan H 3,812]

On ‎10‎/‎21‎/‎2020 at 6:58 AM, pm5k said:

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. 

 

I realize this is only semantics but what has taken place here is bigamy.

[pm5k 129]

On 10/24/2020 at 9:11 PM, Ryan H said:

 

I realize this is only semantics but what has taken place here is bigamy.

Correct. Most people aren't familiar with that term, hence why I stated "polygamy"

[Syed Amir Hassan 5]

On 10/20/2020 at 6:57 PM, pm5k said:

Oh boy....

 

Well, to start: https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Pakistan.html

 

Divorce Certificates

Available

Fees:  Fees vary by location.

Document Name:  Khula, Talaq, and Divorce Certificate

Issuing Authority:  Union Council

Special Seal(s) / Color / Format: This varies by location.

Issuing Authority Personnel Title: The Chairman of the Union Council, who also often serves as the Head of the Arbitration Council.

Registration Criteria:  Pakistani divorce laws for Muslims are governed by the Muslim Family Laws Ordinance (MFLO).  While the laws are complicated, all procedures set forth by the MFLO must be followed for divorces to be recognized for immigration purposes.  In general, couples seeking a divorce must submit a written notification to the Union Council of the wife’s residence, after which an Arbitration Council is formed to foster reconciliation between both parties over a 90-day period.  A divorce is finalized if the couple fails to reconcile at the end of this 90-day period.  (For more information on the process, see “Procedure for Obtaining” below.)

Procedure for Obtaining:  Muslim divorces in Pakistan are subject to arbitration, and the process of divorce differs depending on whether it is initiated by the husband (Talaq) or the wife (Khula).  For men initiating a divorce, husbands must verbally “divorce” their wife by pronouncing ‘talaq.’  As soon as possible, the divorcing husband must then give written notification to the Union Council where the wife resides or where the wedding took place.  Within 30 days of receipt of the notice of Talaq, the Union Council Chairman must constitute an Arbitration Council in order to see if reconciliation is possible between the husband and wife.  After the Council convenes, it must issue notices to both parties every month for three months in an attempt to foster reconciliation.  After three months (90 days), either party may request a failure of reconciliation certificate from the Union Council/Arbitration Council, upon which date the divorce is considered final and valid.  (For more information, refer to Section 7 of the MFLO.)

 

 

 

Unfortunately, what the officer has mentioned is true.  In Pakistan, a divorce is not valid until 90 days have passed after the date of notification.  The vast majority of Pakistanis themselves are not aware of this, and simply assume that the date of notification is the date of the divorce.  Heck, many Pakistani lawyers even mess this up (I know someone who went to a lawyer, and the lawyer literally made the same mistake).  The actual divorce process in Pakistan requires 90 days, and is described in the Muslim Family Laws Ordinance 1961.  If you look at old USCIS decisions , this situation has come up before (https://www.justice.gov/sites/default/files/eoir/legacy/2012/08/17/2222.pdf)  So it is highly unlikely that USCIS/NVC/The US government will overlook this and accept that your marriage is valid. 

 

Some more detail about how this happened:  You mentioned that you got divorced on Dec 03, 2019.  This divorce would not be finalized under Pakistani law until, at the earliest, March 3, 2020 (the law says that 90 days must pass, so the divorce is valid on the 91st day).  You got married on January 14, 2020, which means that you were technically still married to your first wife.  Your marriage may be valid under Pakistani law since Pakistani law allows a husband to have multiple wives, but the US does not recognize multiple marriages and therefore your second marriage is technically not valid under US law.  Your second marriage would only be valid if you got married on/after March 3, 2020.  Again, while most Pakistanis would accept that you were divorced, legally you were not.

 

Your child was born Oct 10, 2020.  Since your first marriage was in effect at the time of your second marriage, your second marriage was invalid under US law (not Pakistani law).  Your child would technically be born out of wedlock under US law but not Pakistani law. 

 

You have two issues that you need to address here:

1.  Validity of your marriage 

2.  Citizenship status of your child

 

Regarding #1 above - you will need to legally remarry your wife.  New nikah nama, marriage certificate, etc.  This is simply a legal procedure that you need to follow given your situation.  And no, she does not need to marry someone again to make her marriage to you valid.  Under US law, your marriage to her is not valid, so you have to get married again as if it were your first marriage.  This was even suggested in the case above.  You do not need to divorce your wife.  All you need to do is get a new nikah nama, and register your marriage again.  That's all.  If you have submitted an I-130 petition, you will probably have to submit a new one with the new documents.  You will probably also need to write something up explaining that you did not know that your divorce was not valid. 

 

Regarding #2 above - your child was born in Pakistan, and is therefore a citizen of Pakistan (Pakistan has birthright citizenship, and the child would also inherit citizenship from the mother).  You may still be able to transmit citizenship to your child via the process for US father + nonUS mother + out of wedlock:  https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Acquisition-US-Citizenship-Child-Born-Abroad.html

 

Option 2 - you may be able to follow this procedure:

 

 

 

Thanks so much for your advice.

 I had discussed all this with a Pakistani Lawyer and he suggested me the same thing to remarry with my wife and get a new Nikkah nama and register your marriage again. So, I followed the procedure got annulled my January 14, 2020 marriage through court order and got a new registered marriage certificate of November 9, 2020. Thanks God that part is done!!!

 

Now, I’m going to withdraw my submitted I-130 petition which I submitted at USCIS. Your thoughts on that??

 

Also, what’s your thoughts about identity and traveling documents of my wife which were issued after January 14 marriage and have my name as her husband mentioned on these documents.

 

Do I need to apply for her National Identity Card and Passport again for consistency that these documents issued after my fresh marriage to her or I can use the existing ones for my new I-130 petition?

 

Your help will be highly appreciated!!!!!

[milimelo 4,481]

To withdraw the petition, write to the USCIS center that has your case. 
Then file a new I-130 online.