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This link ( courtesy of @ROK2USA unrelated thread), the very serious issue of SHAM DIVORCE is addressed and if you get the information across to USCIS/ Embassy..they will deny the newest petition/ visa for the 2nd wife.


https://www.uscis.gov/sites/default/files/err/D6 - Fiancees and Fiances of U.S. Citizen (K-1)/Decisions_Issued_in_2022/JAN132022_01D6101.pdf
 

The concept of a "sham divorce" is settled doctrine and has long held a place in the administration of the immigration laws of the United States. For example, American Jurisprudence describes a sham divorce as follows:
An alien's divorce is a sham, making the alien not "unmarried" when the petition is filed on the alien's behalf, if the evidence shows that the alien's sole intention in

  seeking a divorce was to obtain immigration benefits, and the alien continues to live

Edited by Family
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1 hour ago, JeanneAdil said:

you know Islam better than most people here

If your dad married the 2nd wife (before any divorce)  the 1st wife has to approve and allow him to marry (in Islam)

if there was a legal divorce and he married ,   get your mom to kick his butt out and move on with her life /  no one  can hold onto a spouse that doesn't want to be married

 

Other than that if he is doing a petition for a  new wife  just for her to come to the US ,,  its visa fraud ,  so collect your evidence and notify the embassy 

He was smart about it he had tiny nikka but no documents registered he came back pressured my mom to sign it took him 6 months to break her doen she signed after he threatened and all. He left one month after the judge signed and registered his marriage . In islam husband doesn’t need to take permission but he must inform her and not keep it secret like he did . Its also a big sin he did . Shaira law states 1. Obey the law of the land you live in . 2. He hid it 3. Its a big sin making maukery of divorce leaving a women half married just to benift the other wife . My mom is baring it only to stop her coming here and immigration fraud . It makes it hard for true couples in love struggling to get there family here. 

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1 hour ago, Family said:

This link ( courtesy of @ROK2USA unrelated thread), the very serious issue of SHAM DIVORCE is addressed and if you get the information across to USCIS/ Embassy..they will deny the newest petition/ visa for the 2nd wife.


https://www.uscis.gov/sites/default/files/err/D6 - Fiancees and Fiances of U.S. Citizen (K-1)/Decisions_Issued_in_2022/JAN132022_01D6101.pdf
 

The concept of a "sham divorce" is settled doctrine and has long held a place in the administration of the immigration laws of the United States. For example, American Jurisprudence describes a sham divorce as follows:
An alien's divorce is a sham, making the alien not "unmarried" when the petition is filed on the alien's behalf, if the evidence shows that the alien's sole intention in

  seeking a divorce was to obtain immigration benefits, and the alien continues to live

Thank you . 

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8 hours ago, Selina20 said:

He was smart about it he had tiny nikka but no documents registered he came back pressured my mom to sign it took him 6 months to break her doen she signed after he threatened and all. He left one month after the judge signed and registered his marriage . In islam husband doesn’t need to take permission but he must inform her and not keep it secret like he did . Its also a big sin he did . Shaira law states 1. Obey the law of the land you live in . 2. He hid it 3. Its a big sin making maukery of divorce leaving a women half married just to benift the other wife . My mom is baring it only to stop her coming here and immigration fraud . It makes it hard for true couples in love struggling to get there family here. 

He certainly “used “ The  Laws  of each Land  to his advantage. .quick divorce here , hush marriage there.

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This source is not a scholarly article , but references that Pakistan family law does require permission from first wife as @JeanneAdil points out: 

 


 

 

In Pakistan, family law requires written permission from the man’s first wife to marry again. However, many men overlook this and most wives are unaware of this law.

https://www.dawn.com/news/1577829

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18 minutes ago, Family said:

This source is not a scholarly article , but references that Pakistan family law does require permission from first wife as @JeanneAdil points out: 

 


 

 

In Pakistan, family law requires written permission from the man’s first wife to marry again. However, many men overlook this and most wives are unaware of this law.

https://www.dawn.com/news/1577829

Yes my mom already contacted attorney over in Pakistan he never took permission ir went before union council and he never registered the nikka till a year later and put this years date on it after he took the civil divorce papers to Pakistan to register. The atternoy told my mom i can press charges on him in Pakistan because he never got permission abd because we are muslim he needed a Islamic divorce also talaq

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1 hour ago, Selina20 said:

The atternoy told my mom i can press charges on him in Pakistan because he never got permission abd because we are muslim he needed a Islamic divorce also talaq

Pick your battles and stay safe…
 

 

https://www.dw.com/en/pakistan-court-backs-first-wife-in-landmark-polygamy-case/a-41213363

Pakistan court backs first wife in landmark polygamy case

A court in Pakistan has sentenced a man to several months in prison for marrying a second woman without his wife's consent. Activists say the landmark ruling is a huge win for women's rights in the Islamic country.

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On 9/30/2022 at 8:03 AM, Selina20 said:

Yes my mom already contacted attorney over in Pakistan.

  First, your a good daughter to help your mother out like this.   God bless you for what you're doing.

 

  I'm sending you a private message, please read it. Ty.

 

 

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Filed: K-1 Visa Country: Australia
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On 9/30/2022 at 10:21 AM, Selina20 said:

United states

No , my dad had the documents at home forced her to sign he took it to curt house and dropped them off week later he collected with judge signature. No one appeared in court . My mom took the civil divorce documents to imam and sharia council they told her this divorce isn’t recognized so she is half married . My mom had court marriage and nikka in Pakistan. They instructed that my mom can apply for khula with the civil divorce documents . But she refused and they instructed her she is still Islamic married and she can’t marry anyone else till talaq or khuka filed

 

What is a khula? It sounds like your Mom still wants to be with your Dad if she didnt then she has the way out. Speaking as someone who doesn't know much about Islamic culture, it would probably be better for her to just get that khula thing, escape and move on, then sabotage your Dad and the other woman. Drama begets drama.

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On 9/29/2022 at 7:24 PM, Selina20 said:

My father forced my mom for civil divorce , he wanted to take a second wife in the home country. My mom and dad are still islak married because English divorce isn’t recognized Islamic marriage (my mom went to scholars of islam this is what they all told her including my dad) so she is in a limping marriage is what its called. It turned out my dad already had a second  wife  he could not register the marriage because he needed civil divorce papers. He returned back to Pakistan this year and registered his marriage with this years date on it . My mom and dad live together as a married couple bills mortgage ext. my mom has texts messages from my dad and family that they are still married Islamic and he isnt going to leave my mom . Also messages that he loves her ext. thus second wife contacted me i asked her questions like u been married to my dad over a year and she admitted it . I also ask her why her parents married her to a married man . She said it wasn’t only anout the citizenship money but his family has good hart. Polygamy is illegal we are practicing Muslims my question is can my mom and us take all the evidence we have text messages bills mortgage car insurance ext and letter if explanation that they are still living in a marriage union can my mom stop that other women coming here. He just applied for her visa. And the address on the visa is the same address my mom and dad live together. ? Can anything be done to stop this. 

First of all, marrying a second wife is not a Polygamy, the Issue here is how your father Forced your Mom into Civil Divorce? in the USA as a Muslim, you can have a second or 3rd or even a forth wife the same time and it is not considered polygamy. the USA law consider religious beliefs of others and acknowledges them. Mormon and Amish does it and none is accused of Polygamy.The Issue is how your father forced your Mom into civil divorce. Scenario one: he is stupid , does not know his rights, second scenario he thinks as being divorced can bring second wife to USA. if you say you are a practicing Muslims, how is this a problem to you and your mother? it is in your culture, your traditions your beliefs. Or you want to hurt your father because you Mad.

if Shariaa Board here in USA told your father this divorce is not legal and he can still have your mother as a wife because marriage according to USA law is not a recognized  marriage.  then, Please provide their names here and I as a Muslim will mobilize Islamic scholar to teach him and people like him how well is islamic religion. This bullying, abuse and lies you all participate on it.

Probably other non Muslim here when they see things like that they think Muslims are just piece of and savage, but the reality is how we - Muslims represent the Islam.

as far as your father second wife, since she contacted you and admitted she is his wife then, you all are aware of this, it is just a mater of anger and you want to hurt your father. if you want to know the legal view of islam about your father divorcing his wife, then your mother is Haram on your father, since he has a legal paper justify he divorced her. Your father living in Haram, your mother is not Halal on Him.they should be separated, and this is what you should do as a Muslim, and this issue should be your primary concern not stopping your father bringing his second wife.

----------------------------------------------

Diversity is the Spice of life and I add ; translation is the mother of all sciences.

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13 hours ago, Ximena Anna said:

 

What is a khula? It sounds like your Mom still wants to be with your Dad if she didnt then she has the way out. Speaking as someone who doesn't know much about Islamic culture, it would probably be better for her to just get that khula thing, escape and move on, then sabotage your Dad and the other woman. Drama begets drama.

Khula is when the wife divorces the Husband for no reason.

----------------------------------------------

Diversity is the Spice of life and I add ; translation is the mother of all sciences.

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On 9/30/2022 at 11:03 AM, Selina20 said:

Yes my mom already contacted attorney over in Pakistan he never took permission ir went before union council and he never registered the nikka till a year later and put this years date on it after he took the civil divorce papers to Pakistan to register. The atternoy told my mom i can press charges on him in Pakistan because he never got permission abd because we are muslim he needed a Islamic divorce also talaq

The Attorney want to suck your money because , if you Mention Nikahh, then father married religiously, which is a legal marriage. the thing is the country of Pakistan and so many other Islamic countries don't know how to apply Shariaa, and they just mess around.

----------------------------------------------

Diversity is the Spice of life and I add ; translation is the mother of all sciences.

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7 minutes ago, Habibati & Habibi said:

First of all, marrying a second wife is not a Polygamy, the Issue here is how your father Forced your Mom into Civil Divorce? in the USA as a Muslim, you can have a second or 3rd or even a forth wife the same time and it is not considered polygamy. the USA law consider religious beliefs of others and acknowledges them. Mormon and Amish does it and none is accused of Polygamy.The Issue is how your father forced your Mom into civil divorce. Scenario one: he is stupid , does not know his rights, second scenario he thinks as being divorced can bring second wife to USA. if you say you are a practicing Muslims, how is this a problem to you and your mother? it is in your culture, your traditions your beliefs. Or you want to hurt your father because you Mad.

if Shariaa Board here in USA told your father this divorce is not legal and he can still have your mother as a wife because marriage according to USA law is not a recognized  marriage.  then, Please provide their names here and I as a Muslim will mobilize Islamic scholar to teach him and people like him how well is islamic religion. This bullying, abuse and lies you all participate on it.

Probably other non Muslim here when they see things like that they think Muslims are just piece of and savage, but the reality is how we - Muslims represent the Islam.

as far as your father second wife, since she contacted you and admitted she is his wife then, you all are aware of this, it is just a mater of anger and you want to hurt your father. if you want to know the legal view of islam about your father divorcing his wife, then your mother is Haram on your father, since he has a legal paper justify he divorced her. Your father living in Haram, your mother is not Halal on Him.they should be separated, and this is what you should do as a Muslim, and this issue should be your primary concern not stopping your father bringing his second wife.


Yes you are right, I just want to make a quick side note that I am “Mormon” (Church of Jesus Christ of Latter Day Saints) and we are not allowed to be polygamous or we get banned from the church.


You must be thinking of the FLDS cult who are not legally allowed to call themselves “Mormon” but they still do 🙄

 

Thats all 😊

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On 10/3/2022 at 12:56 PM, Ximena Anna said:


Yes you are right, I just want to make a quick side note that I am “Mormon” (Church of Jesus Christ of Latter Day Saints) and we are not allowed to be polygamous or we get banned from the church.


You must be thinking of the FLDS cult who are not legally allowed to call themselves “Mormon” but they still do 🙄

 

Thats all 😊

I think u missed understood what i said . Mu mom abd dad were married in Pakistan court marriage and Islamic marriage. Nikkah. My dad forced her to have civik divorce to bring new wife in and he was married two women before the civil divorce immigration frowns on that further more. The shariah council told my mom they are legally civil divorce in usa but not Islamic divorce my dad must file talaq to completely divorce her . Or my mom file khula . And it’s illegal to divorce someone to bring another in while atill in a religious marriage .immigration says its marriage fraud . I called uscis and thats there response

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