A new marriage & the first marriage is still active

[Yahya20 5]

Hello Visajourney,

I am a US citizen (Citizenship approved), I have been in the US for years, married to a US citizen wife (Citizenship by birth). We have no children because she can’t have them (Health related).

During this Pandemic situation (Covid-19), I had to move temporarily to my home country. It has been over a year now! During this time I got married to a new wife and I was blessed with my first baby. (Couple months old).

I understand logically that my second wife can not travel to the US because of the Marriage circumstances (Married to 2 spouses). 
My question is: Can I apply for my child to come to the US?

I was told this:

(You may report your child's birth abroad but under U.S. law, your marriage in Morocco would not be recognized. Your baby would therefore be considered to have been born out-of-wedlock.

Having to produce your Marriage Certificate does present another issue if an out-of-wedlock child in Morocco may not be granted derivative citizenship.)

_______________________________________Immigration Lawyer 

 

 

 

[Chancy 6,242]

*** Moved from Bringing Family of USC forum to CRBA forum -- topic is about father passing US citizenship to child born out of wedlock ***

 

[Chancy 6,242]

22 minutes ago, Yahya20 said:

Can I apply for my child to come to the US?

 

If your child is a US citizen, you may apply for a US passport for the child to travel to the US.  First, you will need to prove that the child is a US citizen.  This is done through the CRBA process.

 

To transmit US citizenship to your child, you must have documentary evidence that you were physically present in the US for 5 years before your child's birth, 2 of which were after you turned 14 years old.  Do you have such evidence, like school transcripts or employment records in the US?

 

Check here for details -- https://ma.usembassy.gov/u-s-citizen-services/child-family-matters/birth/

 

I suggest you retain the services of a lawyer to help you navigate this process, given that the child's paperwork may involve your marriage certificate that was fraudulently obtained.

 

[Yahya20 5]

The correct question should be; Can I apply for a Citizenship for my child under CRBA and then get his US passport under these circumstances? 
(Recently married and have a new baby abroad while my first marriage in America is still active)

[Chancy 6,242]

17 minutes ago, Yahya20 said:

Can I apply for a Citizenship for my child under CRBA and then get his US passport under these circumstances?

 

I suggested you get a lawyer as your case is not straightforward.  You will not get any assurances from us amateurs here on VJ when there is fraud involved in your paperwork.

 

[belinda63 3,039]

Yes if you meet the requirements to transmit citizenship. Your marital status or lack thereof to the child's mother has nothing to do with transmitting citizenship.

[JeanneAdil 6,581]

questions about the citzenship for child have been answered except the embassy will probably ask for DNA test

 

As for 2nd marriage which is not as common in Morocco as it use to be did u have court approval?  Family Code in Islam

The authorization of the first wife is mandatory. That is one of the Women’s rights! In order to have the right to a second wife (a third or fourth wife, Muslim law does not prohibit it), the Family Code requires the husband to have the permission of the court, that his request must have an objective reason justifying the use of a second wife, which request must describe the material situation of the pretender to marriage. Therefore, the court only grants permission if the applicant has the ability to support both families, 

 

 The Moroccan code regulates polygamous unions by requiring that the first wife be consulted about a proposed second marriage (i.e., agree to become a co-wife) and that the second wife be notified of the existing marriage (i.e., also agree to become a co-wife).

 

you have a new family now in Morocco and it would be advisable to not return to the US as your state is Massachucetts and they have strict bigamy laws

 

https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section15

 

Whoever, having a former husband or wife living, marries another person or continues to cohabit with a second husband or wife in the commonwealth shall be guilty of polygamy, and be punished by imprisonment in the state prison for not more than five years or in jail for not more than two and one half years or by a fine of not more than five hundred dollars; 

 

that does say living with 2nd wife in the commonwealth but it applies to a marriage to a 2nd wife anywhere in the world

 

so,  you think to go to the US embassy and prove you committed bigamy?    giving your USC wife proof of bigamy 

even if you divorce and remarry the Moroccan ,  

Mass considers it a felony that u already committed

 

https://www.legalmatch.com/law-library/article/marriage-requirements-bigamy.html

 

As previously noted, bigamy may be charged as either a felony or a misdemeanor depending on the state law. A crime that may be charged as a felony or a misdemeanor is known as a wobbler crime.

 

Please give your USC the divorce she needs to continue with her life and don't come back

[Rocio0010 5,580]

9 hours ago, belinda63 said:

has nothing to do with transmitting citizenship

I wouldn’t be so sure, if the first marriage was fraudulently obtained then maybe his citizenship can be striped, and therefore his baby wouldn’t be able to be a citizen either. I’m not 100% sure, though.

[Letspaintcookies 2,310]

50 minutes ago, ra0010 said:

I wouldn’t be so sure, if the first marriage was fraudulently obtained then maybe his citizenship can be striped, and therefore his baby wouldn’t be able to be a citizen either. I’m not 100% sure, though.

Nothing indicates that the first one was fraudulent. 

[Yahya20 5]

11 hours ago, Chancy said:

 

I suggested you get a lawyer as your case is not straightforward.  You will not get any assurances from us amateurs here on VJ when there is fraud involved in your paperwork.

 

What fraud are you talking about? 

[Yahya20 5]

54 minutes ago, ra0010 said:

I wouldn’t be so sure, if the first marriage was fraudulently obtained then maybe his citizenship can be striped, and therefore his baby wouldn’t be able to be a citizen either. I’m not 100% sure, though.

Where did you see or hear that the first marriage was fraudulently obtained!? So strange..

[Letspaintcookies 2,310]

4 minutes ago, Yahya20 said:

What fraud are you talking about? 

That probably pertains to your second marriage which is not right in the eyes of the US law and could get you in some trouble over here.

[Yahya20 5]

2 hours ago, JeanneAdil said:

questions about the citzenship for child have been answered except the embassy will probably ask for DNA test

 

As for 2nd marriage which is not as common in Morocco as it use to be did u have court approval?  Family Code in Islam

The authorization of the first wife is mandatory. That is one of the Women’s rights! In order to have the right to a second wife (a third or fourth wife, Muslim law does not prohibit it), the Family Code requires the husband to have the permission of the court, that his request must have an objective reason justifying the use of a second wife, which request must describe the material situation of the pretender to marriage. Therefore, the court only grants permission if the applicant has the ability to support both families, 

 

 The Moroccan code regulates polygamous unions by requiring that the first wife be consulted about a proposed second marriage (i.e., agree to become a co-wife) and that the second wife be notified of the existing marriage (i.e., also agree to become a co-wife).

 

you have a new family now in Morocco and it would be advisable to not return to the US as your state is Massachucetts and they have strict bigamy laws

 

https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section15

 

Whoever, having a former husband or wife living, marries another person or continues to cohabit with a second husband or wife in the commonwealth shall be guilty of polygamy, and be punished by imprisonment in the state prison for not more than five years or in jail for not more than two and one half years or by a fine of not more than five hundred dollars; 

 

that does say living with 2nd wife in the commonwealth but it applies to a marriage to a 2nd wife anywhere in the world

 

so,  you think to go to the US embassy and prove you committed bigamy?    giving your USC wife proof of bigamy 

even if you divorce and remarry the Moroccan ,  

Mass considers it a felony that u already committed

 

https://www.legalmatch.com/law-library/article/marriage-requirements-bigamy.html

 

As previously noted, bigamy may be charged as either a felony or a misdemeanor depending on the state law. A crime that may be charged as a felony or a misdemeanor is known as a wobbler crime.

 

Please give your USC the divorce she needs to continue with her life and don't come back

It is nice to be the most liked content of the month of October but I didn’t see that nice behavior in your response. I am not quite sure what do you mean by leaving my spouse in peace and move on with my new family and never to return to my home country (USA).

I believe you and I are from the same country and we know the culture and the traditions very well. You really surprised me!! 
 

[JeanneAdil 6,581]

7 minutes ago, Yahya20 said:

It is nice to be the most liked content of the month of October but I didn’t see that nice behavior in your response. I am not quite sure what do you mean by leaving my spouse in peace and move on with my new family and never to return to my home country (USA).

I believe you and I are from the same country and we know the culture and the traditions very well. You really surprised me!! 
 

YOur post surprised us all

you can not stay married to both and the US spouse deserves better than someone who cheats

 

i know  the culture (AND LAWS) of both

and you do not respect either Islamic Laws or US laws

Islamic laws say u need the approval to marry a second wife and court has to see she (by actual proof it is her) ok 's this

and as for Massachusetts ,, it is a felony to marry more than one at a time

 

Felony is prison time

and your job posibilites are limited when convicted

only way US is your home now is in a US prison when massachusetts finds out you are quility of bigamy

 

I always support Moroccans who want a better life whether thru marriage to a USC or Dv lottery or a student or work visa

but what u are asking is support for breaking laws     NO WAY

 

 

[Rocio0010 5,580]

35 minutes ago, Yahya20 said:

Where did you see or hear that the first marriage was fraudulently obtained!? So strange..

First of all, I wasn’t the first one to mention fraud. Second, I used “If”. I’m not saying it was fraudulent, I’m saying “in case it was fraudulent”. It might not be fraudulent, but the US doesn’t accept bigamy, meaning: you have to be single/ divorced for your second marriage to be valid. 
The situation itself and your country of origin (a high fraud country) might lead us to think there’s fraud involved. I apologize in advance if this is not the case.