Re-Married Current Spouse after Divorce got finalized

[Syed Amir Hassan 5]

Hi All,

 

Hi All,

I want to have your opinion on my wife’s immigration process (CR-1 Visa).

I filed I-130 application for my current wife with whom I have a child too, who born in Pakistan, when I went to US embassy in Islamabad to report his child birth. Emabassy told me that your child has to be registered as out of wed lock, because my divorce with my first wife was not finalized at the time when got married to my current wife( In Pakistan you have to wait for 90 days after divorce to get it finalized). I married within that 90 days time period without having the knowledge of 90 days rule and came to know when I visited US embassy for my child birth report. 
After that, I withdraw I-130 petition of my current wife, and married again with her in Nov 2020(At that time I can be able to legally married to anyone). I filed a fresh I-130 petition with new marriage date, Nikkah Nama, Nadra Certificate which got accepted and approved. NVC also dqed me with these documents. Now, I’m waiting for my wife’s Interview letter.

My question is:
 At the time of interview, how we should be prepared in case they ask questions related to getting remarrying again to my current wife?
Is that will cause us a problem to get trapped in Adminstrarive process? 
Any suggestions/ advice to help us get ready for interview in this scenario will be highly appreciated!!

Thank you,

[Crazy Cat 41,898]

I remember this case from a year or so ago. I would just explain the situation like you did here.  I would make sure I had documents clearly showing a logical sequence of events and a paper trail of all the dates you mentioned.  As far as administrative processing is concerned, I think there is already a high chance of an extended period of time in that status.  Good luck.

Edited February 28, 2022 by Crazy Cat

[Syed Amir Hassan 5]

7 minutes ago, Crazy Cat said:

I remember this case from a year or so ago. I would just explain the situation like you did here.  I would make sure I had documents clearly showing a logical sequence of events and a paper trail of all the dates you mentioned.  As far as administrative processing is concerned, I think there is already a high chance of an extended period of time in that status.  Good luck.

My question to you is,

based on all my situation explained above. I didn’t did anything illegal or unlawful right? And my wife will not be ineligible for immigrant visa? Right?

[Crazy Cat 41,898]

1 minute ago, Syed Amir Hassan said:

My question to you is,

based on all my situation explained above. I didn’t did anything illegal or unlawful right? And my wife will not be ineligible for immigrant visa? Right?

It appears, to me, that you corrected the issue of marrying before the divorce was finalized.  Just hope the Consulate Officer understands.  Maybe the questions won't be asked since you now have a clear chain of events.

[Syed Amir Hassan 5]

1 minute ago, Crazy Cat said:

It appears, to me, that you corrected the issue of marrying before the divorce was finalized.  Just hope the Consulate Officer understands.  Maybe the questions won't be asked since you now have a clear chain of events.

Thanks so much!

And I’m so thankful to this group. Because I’m able to correct my issue based on the opinions of moderators here given to me last year when I posted my issue. Thanks again!

Do you recall anything similar case as my situation, if yes what was the outcome?

Thanks

 

[Redro 4,611]

5 minutes ago, Syed Amir Hassan said:

My question to you is,

based on all my situation explained above. I didn’t did anything illegal or unlawful right? And my wife will not be ineligible for immigrant visa? Right?

If you had proceeded with the first I-130 with your current wife you would have been denied as the marriage wasn't valid.

If you had proceeded with the first I-130 but remarried your wife you would have been denied as you filed for the petition too early. 

I think what you did is correct and it was the only path you could take. 

[Syed Amir Hassan 5]

7 hours ago, Kor2USA said:

If you had proceeded with the first I-130 with your current wife you would have been denied as the marriage wasn't valid.

If you had proceeded with the first I-130 but remarried your wife you would have been denied as you filed for the petition too early. 

I think what you did is correct and it was the only path you could take. 

Thanks!

 

And what you recommend me during the interview if CO ask about remarrying my wife twice, what should be my response just to avoid any further delay to my case.

[Cathi 5,757]

The only answer is to tell the truth. Good luck.

[Redro 4,611]

2 hours ago, Syed Amir Hassan said:

Thanks!

 

And what you recommend me during the interview if CO ask about remarrying my wife twice, what should be my response just to avoid any further delay to my case.

The first marriage wasn't valid due to the 90 day rule. 

You explained it in your OP. 

I can't guarantee the case won't be delayed after interview. No one knows what will happen. 

[iwannaplay54 985]

13 hours ago, Syed Amir Hassan said:

Hi All,

 

Hi All,

I want to have your opinion on my wife’s immigration process (CR-1 Visa).

I filed I-130 application for my current wife with whom I have a child too, who born in Pakistan, when I went to US embassy in Islamabad to report his child birth. Emabassy told me that your child has to be registered as out of wed lock, because my divorce with my first wife was not finalized at the time when got married to my current wife( In Pakistan you have to wait for 90 days after divorce to get it finalized). I married within that 90 days time period without having the knowledge of 90 days rule and came to know when I visited US embassy for my child birth report. 
After that, I withdraw I-130 petition of my current wife, and married again with her in Nov 2020(At that time I can be able to legally married to anyone). I filed a fresh I-130 petition with new marriage date, Nikkah Nama, Nadra Certificate which got accepted and approved. NVC also dqed me with these documents. Now, I’m waiting for my wife’s Interview letter.

My question is:
 At the time of interview, how we should be prepared in case they ask questions related to getting remarrying again to my current wife?
Is that will cause us a problem to get trapped in Adminstrarive process? 
Any suggestions/ advice to help us get ready for interview in this scenario will be highly appreciated!!

Thank you,

You explained the correction of your marriage nicely above.  That is exactly how it should be explained to the CO who conducts the interview.

 

You and your wife did exactly what you needed to do.  If she goes to AP it probably won’t be for this reason.   Best of luck.

 

PS that three month wait is an old, old law.  Im a Texan and know about it.  You also knew.

Edited March 1, 2022 by iwannaplay54

[iwannaplay54 985]

12 hours ago, Syed Amir Hassan said:

My question to you is,

based on all my situation explained above. I didn’t did anything illegal or unlawful right? And my wife will not be ineligible for immigrant visa? Right?

No

[iwannaplay54 985]

1 hour ago, Kor2USA said:

The first marriage wasn't valid due to the 90 day rule. 

You explained it in your OP. 

I can't guarantee the case won't be delayed after interview. No one knows what will happen. 

They’re good now.  They failed to comply with Islamic law, which is why they had to restart their case.  Pakistan will recognize the second marriage, but the first marriage had not completed the three month wait which made the marriage invalid as it was technically bygamy under US law.

Edited March 1, 2022 by iwannaplay54

[powerpuff 6,713]

~ Topic moved from IR1/CR1 Progress Reports to Process ~

[pushbrk 12,906]

On 2/28/2022 at 8:25 PM, Syed Amir Hassan said:

Hi All,

 

Hi All,

I want to have your opinion on my wife’s immigration process (CR-1 Visa).

I filed I-130 application for my current wife with whom I have a child too, who born in Pakistan, when I went to US embassy in Islamabad to report his child birth. Emabassy told me that your child has to be registered as out of wed lock, because my divorce with my first wife was not finalized at the time when got married to my current wife( In Pakistan you have to wait for 90 days after divorce to get it finalized). I married within that 90 days time period without having the knowledge of 90 days rule and came to know when I visited US embassy for my child birth report. 
After that, I withdraw I-130 petition of my current wife, and married again with her in Nov 2020(At that time I can be able to legally married to anyone). I filed a fresh I-130 petition with new marriage date, Nikkah Nama, Nadra Certificate which got accepted and approved. NVC also dqed me with these documents. Now, I’m waiting for my wife’s Interview letter.

My question is:
 At the time of interview, how we should be prepared in case they ask questions related to getting remarrying again to my current wife?
Is that will cause us a problem to get trapped in Adminstrarive process? 
Any suggestions/ advice to help us get ready for interview in this scenario will be highly appreciated!!

Thank you,

From what you wrote above, you ARE already prepared in case they ask questions about this.  Telling the truth seldom requires any actual preparation.

[Shabaz 67]

On 2/28/2022 at 6:25 AM, Syed Amir Hassan said:

Hi All,

 

Hi All,

I want to have your opinion on my wife’s immigration process (CR-1 Visa).

I filed I-130 application for my current wife with whom I have a child too, who born in Pakistan, when I went to US embassy in Islamabad to report his child birth. Emabassy told me that your child has to be registered as out of wed lock, because my divorce with my first wife was not finalized at the time when got married to my current wife( In Pakistan you have to wait for 90 days after divorce to get it finalized). I married within that 90 days time period without having the knowledge of 90 days rule and came to know when I visited US embassy for my child birth report. 
After that, I withdraw I-130 petition of my current wife, and married again with her in Nov 2020(At that time I can be able to legally married to anyone). I filed a fresh I-130 petition with new marriage date, Nikkah Nama, Nadra Certificate which got accepted and approved. NVC also dqed me with these documents. Now, I’m waiting for my wife’s Interview letter.

My question is:
 At the time of interview, how we should be prepared in case they ask questions related to getting remarrying again to my current wife?
Is that will cause us a problem to get trapped in Adminstrarive process? 
Any suggestions/ advice to help us get ready for interview in this scenario will be highly appreciated!!

Thank you,

Ausalamualikm, I have also the same case as yours, did you get Interview letter yet? and what was yours NVC doc acceptance/Approval date?