Regarding divorce certificate dated after marriage certificate

[aaron2020 11,651]

8 minutes ago, Jorgedig said:

I'm surprised they would waste time and resources to approve such petitions, when no visa will ever be issued to the second wife.

The immigration system is imperfect.  Things get overlooked all the time.  Since OP is in AP, the US Embassy might still miss that this is a 2nd spouse in a polygamous marriage and issue an immigrant visa.  

[aaron2020 11,651]

For emphasis.

 

This is not a DIY.  This needs to be handled by a competent US immigration attorney who knows how to deal with polygamous marriages.  Not a one time consultation, but fully handling the case until an immigration visa is issued.  

[Evetskomplitz 6]

12 hours ago, aaron2020 said:

how

 

12 hours ago, aaron2020 said:

The problem is that US immigration laws does not allow immigration benefits to a second spouse in polygamous marriages.

Now that the first marriage has been annulled won’t the second marriage of the so called polygamous home be the only marriage? In this case won’t the application be allowed by finishing an additional documents called the divorce certificate? 

[carmel34 3,661]

4 hours ago, Evetskomplitz said:

 

Now that the first marriage has been annulled won’t the second marriage of the so called polygamous home be the only marriage? In this case won’t the application be allowed by finishing an additional documents called the divorce certificate? 

The problem with your logic is that the first marriage ended (divorce decree) after the second marriage occurred.  There are so many issues with this case that an experienced lawyer is needed.  We most likely do not know all the facts as the petitioner has not commented at all, only the beneficiary.  There may be other, unknown issues that are causing the current AP status.  Time to lawyer up and do this the right way.  It will be a long and expensive process.  There may also be misrepresentation waivers needed.

[aaron2020 11,651]

5 hours ago, Evetskomplitz said:

 

Now that the first marriage has been annulled won’t the second marriage of the so called polygamous home be the only marriage? In this case won’t the application be allowed by finishing an additional documents called the divorce certificate? 

The first marriage was not annulled.  It ended in a divorce and they already submitted the divorce certificate.

 

The application is not allowed because when the I-130 was filed, the OP was not eligible for an immigration visa.  

[Hanan ela 2]

26 minutes ago, carmel34 said:

The problem with your logic is that the first marriage ended (divorce decree) after the second marriage occurred.  There are so many issues with this case that an experienced lawyer is needed.  We most likely do not know all the facts as the petitioner has not commented at all, only the beneficiary.  There may be other, unknown issues that are causing the current AP status.  Time to lawyer up and do this the right way.  It will be a long and expensive process.  There may also be misrepresentation waivers needed.

In the interview the comment that been made was about marriage certificate. She told me i need marriage certificate dated after the divorce and i told her that its very difficult to process this and start again. So she said i should give some kind of statement or letter to continue the process quick (divorce and remarry) and you dont need to fill a new application .

And she comment that she is not familiar with uae law and she going to do some research about it .

Also she said they are going  to call my husband which no one did yet.

The problem is we cant contact the person who interviewed me to confirm what she said. I want to know shall i go ahead and desolve the marriage  and marry again and add it to this application or wait until a decision and start again? Thank you

 

[Crazy Cat 42,563]

8 minutes ago, Hanan ela said:

In the interview the comment that been made was about marriage certificate. She told me i need marriage certificate dated after the divorce and i told her that its very difficult to process this and start again. So she said i should give some kind of statement or letter to continue the process quick (divorce and remarry) and you dont need to fill a new application .

And she comment that she is not familiar with uae law and she going to do some research about it .

Also she said they are going  to call my husband which no one did yet.

The problem is we cant contact the person who interviewed me to confirm what she said. I want to know shall i go ahead and desolve the marriage  and marry again and add it to this application or wait until a decision and start again? Thank you

 

The underlying I-130 petition is invalid......thus, a new petition must be filed and processed BY USCIS after you can show evidence of marriage which will be recognized by the US for immigration purposes. You cannot "add to this application".  This has been repeated to you several times.....

Even if this current petition slipped through, the entire petition could be found invalid later down the line.....

Edited January 15, 2021 by Lucky Cat

[Evetskomplitz 6]

25 minutes ago, Hanan ela said:

n the interview the comment that been made was about marriage certificate. She told me i need marriage certificate dated after the divorce and i told her that its very difficult to process this and start again. So she said i should give some kind of statement or letter to continue the process quick (divorce and remarry) and you dont need to fill a new application .

And she comment that she is not familiar with uae law and she going to do some research about it .

Also she said they are going  to call my husband which no one did yet.

The problem is we cant contact the person who interviewed me to confirm what she said. I want to know shall i go ahead and desolve the marriage  and marry again and add it to this application or wait until a decision and start again? Thank you

I will advise thus: since the marriage here is Islamic in nature and which is polygamous. I am aware in law that same marriage of same man and same woman can be reconducted if they want to be bound by monogamous kind of marriage and the second marriage is conducted under civil marriage law. In this case, rather than a clergy conducting a marriage, a government official usually a marriage registrar conducts the marriage as long as it is same man and same woman. A marriage certificate is issued and it simply means that couples would henceforth be bound with one man and one woman marriage. With this, I believe you can still file the marriage certificate in addition to the one already filed. Please you can ask a lawyer either in Morocco or UAE on possibilities of converting polygamous marriage to monogamous marriage. Marriage of same woman and same man.

The new certificate can be added and this is in the law as far as I know. 

[Hanan ela 2]

1 hour ago, Evetskomplitz said:

I will advise thus: since the marriage here is Islamic in nature and which is polygamous. I am aware in law that same marriage of same man and same woman can be reconducted if they want to be bound by monogamous kind of marriage and the second marriage is conducted under civil marriage law. In this case, rather than a clergy conducting a marriage, a government official usually a marriage registrar conducts the marriage as long as it is same man and same woman. A marriage certificate is issued and it simply means that couples would henceforth be bound with one man and one woman marriage. With this, I believe you can still file the marriage certificate in addition to the one already filed. Please you can ask a lawyer either in Morocco or UAE on possibilities of converting polygamous marriage to monogamous marriage. Marriage of same woman and same man.

The new certificate can be added and this is in the law as far as I know. 

I dont think there is such thing in UAE or Morocco. When i asked family law in UAE he said we need to divorce and marry again 

[Lemonslice 4,989]

1 hour ago, Hanan ela said:

I dont think there is such thing in UAE or Morocco. When i asked family law in UAE he said we need to divorce and marry again 

You will go in circle until you get proper legal counsel.  Good luck. 

[pushbrk 13,176]

18 hours ago, Jorgedig said:

I'm surprised they would waste time and resources to approve such petitions, when no visa will ever be issued to the second wife.

The adjudicator made a mistake.  Did not notice the date issue.  It happens.

[Crazy Cat 42,563]

3 hours ago, Hanan ela said:

When i asked family law in UAE he said we need to divorce and marry again 

then, start over with the spousal visa process....beginning with a new I-130, it seems.

Edited January 15, 2021 by Lucky Cat

[pushbrk 13,176]

3 hours ago, Hanan ela said:

I dont think there is such thing in UAE or Morocco. When i asked family law in UAE he said we need to divorce and marry again 

Correct.  And only then can you start over with your husband filing a new petition.  

[SalishSea 18,225]

4 hours ago, pushbrk said:

The adjudicator made a mistake.  Did not notice the date issue.  It happens.

That was my first assumption, and why I said it would be returned to USCIS for being incorrectly approved. But @aaron2020 is saying that it was correctly approved, even though the beneficiary is not eligible for an immigration benefit.

[pushbrk 13,176]

23 minutes ago, Jorgedig said:

That was my first assumption, and why I said it would be returned to USCIS for being incorrectly approved. But @aaron2020 is saying that it was correctly approved, even though the beneficiary is not eligible for an immigration benefit.

And what @aaron2020 is asserting is incorrect, IMO.