I-130 process for a daughter

[rooji 25]

Just now, SalishSea said:

Yes.   However, she MUST report her marriage and ALL children (step or bio) on the forms as per the instructions, REGARDLESS of whether any of them will be immigrating.  
 

Omitting inconvenient information (like stepchildren via polygamy) is in violation of US immigration law.   
 

By all means, have the MIL petition her now, and then 10 years from now (or whenever the visa bulletin is current), let the chips fall where they may with her marital status.    She can immigrate without a polygamist husband who refuses to divorce her, but accuracy on the forms is critical.

okay got it...that helps clear things up a bit. I will sure to relay the information to my MIL.

 

thank you.

[SalishSea 17,751]

5 minutes ago, rooji said:

another follow-up question: is she responsible for the acts of her husband or is she accountable for the things he did in the eyes of the law? He is always keeping her on the blindside so half the time she has no idea what he does.

No, she is not responsible for his actions.   This doesn’t mean her marriage and circumstances will not be brought up at a future immigrant visa interview, because they for sure will.   She needs to be 100% honest.

[rooji 25]

Just now, SalishSea said:

Yes.   However, she MUST report her marriage and ALL children (step or bio) on the forms as per the instructions, REGARDLESS of whether any of them will be immigrating.  
 

Omitting inconvenient information (like stepchildren via polygamy) is in violation of US immigration law.   
 

By all means, have the MIL petition her now, and then 10 years from now (or whenever the visa bulletin is current), let the chips fall where they may with her marital status.    She can immigrate without a polygamist husband who refuses to divorce her, but accuracy on the forms is critical.

 

I have a question only because I read it somewhere: yes she is bound to report her whole family but by law derivatives only includes immediate relatives right? it doesn't include step-children, is that true?

[rooji 25]

Just now, SalishSea said:

No, she is not responsible for his actions.   This doesn’t mean her marriage and circumstances will not be brought up at a future immigrant visa interview, because they for sure will.   She needs to be 100% honest.

 

don't get me wrong here, I already know that she has to be 100% honest about it and rest is up to the officer to decide but I wanted to know if it is possible that my MIL can apply for her daughter even though her husband is the one in fraud situation and not her daughter and that whether his actions will effect her immigration or not. but I got my answer on that.

 

I am not guiding her to be dishonest in any stage of her life or immigration process.

[Boiler 45,356]

13 minutes ago, rooji said:

okay thank you...

 

I guess we can just apply with all the facts and wait and see what happens when the time comes.

 

do you know if dna testing can be done prior to making the cases for granddaughters? or is that something the uscis or consular requests and then it is done?

Not an issue now, it will be a long time before DNA comes up if it comes up at all. Having the Birth Certificate changed could trigger DNA check.

[Mike E 11,739]

The birth record history has a different mother. If DHS or DoS learn about this, a DNA test is the least of problems to worry about.

 

The bigger problem is DHS or DoS suspecting the daughters were adopted by the woman listed as the mother on the first birth certificates. If so, then adoption severs the parent / child relationship for purposes of U.S. immigration.

 

The onus os then on mom to prove another woman did not adopt her daughters.  

 

1. Are “step mom” and dad willing to sign an affidavit that they conspired to falsify birth certificates?

 

2. What evidence does mom have that she was powerless to prevent the false birth certificates.

 

To point 2, the fact she was able to get the birth certificates fixed, suggests she was not powerless. So now she is in the position of proving she was not a participant in the conspiracy.

 

[JeanneAdil 6,424]

28 minutes ago, rooji said:

 

No she is not. She has no intentions of getting married again or staying in that old marriage. If she is not practicing polygamy and is not intending to then my MIL can apply for the daughter right?

MIL  can apply for the daughter but still lists the husband (even if divorced with divorce papers) and all kids (hers and stepchildren)

and no she would not live in  that state of marriage but needs to know the state's laws where she would live

 

and i feel so bad for her as sounds like she was used and abandoned  and I  understand the corrupt governments part of this

but of course i can not know the full extent of corruption as  i have not lived it but money talks

 

does she have anyone (public offical or IMAM ) to aid in a divorce 

Even she would have to go thru a Pakistan embassy to try to divorce outside the country making her stuck in marriage

 

and honestly she may not want to report him to Canadian officals but i would and anyone else in the family can 

 

Again,  for the family,  u have my sincere prayers that sometime this will be resolved

incha allah

allah yessir

 

 

[Boiler 45,356]

Worst case scenario is that she can divorce when she gets to the US.

 

Are they her step children? I will have to think about that.

[rooji 25]

3 minutes ago, Mike E said:

The birth record history has a different mother. If DHS or DoS learn about this, a DNA test is the least of problems to worry about.

 

The bigger problem is DHS or DoS suspecting the daughters were adopted by the woman listed as the mother on the first birth certificates. If so, then adoption severs the parent / child relationship for purposes of U.S. immigration.

 

The onus os then on mom to prove another woman did not adopt her daughters.  

 

1. Are “step mom” and dad willing to sign an affidavit that they conspired to falsify birth certificates?

 

2. What evidence does mom have that she was powerless to prevent the false birth certificates.

 

To point 2, the fact she was able to get the birth certificates fixed, suggests she was not powerless. So now she is in the position of proving she was not a participant in the conspiracy.

 

 

I don't know if the documents are adoption papers since in Pakistan adoption is not highly or publicaly recognized thing because that I will have to check. My best guess is that for the canadian immigration the dad listed the children under his other wife just like my SIL will have to list the step childrens regardless.

 

I was assured and told by the oldest daughter that her dad was the one who fixed the birth certificate or they found the birth certificate that has the SIL listed as the mother. not sure which one is the right one because even the oldest daughter only has what is given to her.

 

but yes it is likely that while my SIL was in the hospital the dad may have listed the other mother as mother but I have to double check that and probably check the Pakistan's NADRA system and the original B-Form. So that is something I will tell my MIL to look into it.

[Boiler 45,356]

Something is bouncing around in the back of my head that Pakistan does not do adoption anyway.

[rooji 25]

6 minutes ago, JeanneAdil said:

MIL  can apply for the daughter but still lists the husband (even if divorced with divorce papers) and all kids (hers and stepchildren)

and no she would not live in  that state of marriage but needs to know the state's laws where she would live

 

and i feel so bad for her as sounds like she was used and abandoned  and I  understand the corrupt governments part of this

but of course i can not know the full extent of corruption as  i have not lived it but money talks

 

does she have anyone (public offical or IMAM ) to aid in a divorce 

Even she would have to go thru a Pakistan embassy to try to divorce outside the country making her stuck in marriage

 

and honestly she may not want to report him to Canadian officals but i would and anyone else in the family can 

 

Again,  for the family,  u have my sincere prayers that sometime this will be resolved

incha allah

allah yessir

 

 

 

I have a feeling that the Canadian immigration is already alerted of the dad's fraud at this point since he tried to get the daughters to immigrate with him on family visa and since he doesn't have any family in canada and since US and Canadian immigration talks, it is already flagged. plus the dad only went to Canada once and for 1 month and didn't go back to this date which if it is anything like US then it is already more than 6 months he is abroad. He applied for the daughters but never took them so not sure if they were given visa or not. I doubt it.

 

state laws: noted, will do the research before MIL applies.

 

and thank you appreciate the prayers. hopefully we can officially help her get out of this.

[Mike E 11,739]

4 minutes ago, rooji said:

will have to list the step childrens regardless

What step children?

[rooji 25]

3 minutes ago, Boiler said:

Worst case scenario is that she can divorce when she gets to the US.

 

Are they her step children? I will have to think about that.

Her 2 daughters are her biological daughters but her 2 stepchildren (sons) are not hers so the answer is that 2 biological children and 2 step children.

 

and you are right Pakistan does not do adoption. My thoughts are that the father listed the kids in the immigration as stepchildren since the girls did not go to canada with him when he last traveled. that is what I know don't know the details of it. Like i said he keeps things secret from my SIL so half the time she doesn't know what he is doing.

[rooji 25]

1 minute ago, Mike E said:

What step children?

people are pointing out that she will have to list her stepchildren in the i130 process when my MIL files for her. She has 2 biological daughters and 2 stepchildren from the dad and his other wife.

[Boiler 45,356]

It is the definition of step children, US would not recognise a second marriage so not sure how they can be deemed to be step children. Effectively children of an affair.