New I-130 Petition with New Marriage Certificate

[Syed Amir Hassan 5]

Hey,

 

Hope you all are doing well and safe.

 

Thanks all for your advices in one my forum topics back in October 2020. I followed some of the steps you guys mentioned in my post and now I need some additional advice/suggestion. Our previous discussion can be found in the link below. Just to refresh memory.

 

 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!!!!

Edited February 6, 2021 by Syed Amir Hassan

[Boiler 45,467]

You went to Pakistan and got married, may sound a silly question but just checking.

 

Must admit the ID docs I do not know, my first thought is no change needed.

[Syed Amir Hassan 5]

Yes, I went to Pakistan to remarry with my wife. My question is identity documents have my name as her husband before our second marriage registration got issued, so, will i need to apply for her fresh identity documents?

[JFH 12,190]

Sounds like a question that specifically applies to Pakistan. US identity documents (passport, state ID, drivers license) do not state if the holder is married or not or make any reference to a spouse’s name. I’ll move this to the Asia forum where people with experience of this situation in Pakistan may be able to help.

 

*~*~*moved to Asia regional forum*~*~*

[pm5k 129]

On what basis was your first marriage annulled?  If there is no legal basis, then you are still stuck where you were before. 

[pm5k 129]

What you could potentially do (check with lawyer obviously)

1. Your first marriage was technically valid when you contracted your second marriage, due to the 90 day rule.

2. Since you were still married to your first wife, you would need her permission before you marry your second wife per MFLO 1961.  So your wife could get an annulment under the Dissolution of Marriages Act 1939, ii-A,  which states that dissolution can be granted for your second wife's marriage because "that the husband has taken an additional wife in contravention of the provisions of the Muslim Family Laws Ordinance, 1961;"  Since you were technically still married, you didn't get permission, so you may fall under this criteria. 

3. You then get married again.  

 

 

Edited February 10, 2021 by pm5k
clarification

[pm5k 129]

On 2/6/2021 at 12:32 PM, Syed Amir Hassan said:

Yes, I went to Pakistan to remarry with my wife. My question is identity documents have my name as her husband before our second marriage registration got issued, so, will i need to apply for her fresh identity documents?

Ideally things should be consistent.  Technically you shouldn't have been married to you during that 90 day period, as you didn't get permission from your first wife (you are still married while the divorce process/90 day period is in process).   Then again, based on your other thread, the embassy already knows about your situation, so it may or may not matter...

Edited February 9, 2021 by pm5k
detail

[pm5k 129]

As for your newly registered marriage that you mention in your post:  Did you get a new Nikah Nama (in Urdu, not English), or just a marriage certificate/court marriage certificate?

 

You will need the URDU Nikah Nama, English translation (you can do it, or have a relative/friend do it, just needs to be notarized/attested), and the NADRA marriage registration certificate.  These three documents are needed for a spousal I-130 from Pakistan.

[pm5k 129]

14 hours ago, pm5k said:

On what basis was your first marriage annulled?  If there is no legal basis, then you are still stuck where you were before. 

This is the key thing to look for.  Unless there is legal basis for an annulment, then the chances of your annulment being accepted by USCIS and the NVC is low.