I-130 process for a daughter

[SalishSea 17,751]

1 hour ago, rooji said:

 

Yes unfortunately in Pakistan the man can delay the process by not signing the divorce. she can serve the papers but he is not willing to divorce her (selfish reasons) the only way I see is that he dies (since his healthy seems to indicate that).

 

so if she does fall under the f3 category is it because her husband might not immigrate or is it because she is daughter and married? how long does the process usually take?

 

proof of living separately is easy. he hardly comes and see her as he is always with his other wife and lives in that other house.

Whether the spouse immigrates is irrelevant.   The daughter is legally married, and therefore her family preference category is married over 21, which adds many years, as Boiler is trying to tell you.

Edited August 23, 2023 by SalishSea

[Boiler 45,359]

2 minutes ago, SalishSea said:

Whether the spouse immigrates is irrelevant.   The daughter is legally married, and therefore her family preference category is married over 21, which adds many years, as Boiler is trying to tell you.

I do not know how divorce works in Pakistan, but as it would save 7? years I would certainly look at it.

[Verrou 1,960]

If they are moslem, I think the wife can file for divorce even if he doesn’t want to. I also came from moslem country but I don’t know the in depth detail about it. https://www.lexology.com/library/detail.aspx?g=245fedab-6ea3-4340-a87d-3aab91c72830#:~:text=In Pakistan%2C a Muslim marriage,applicable law%3B (ii). Hope it helped ! 

[Mike E 11,739]

11 hours ago, rooji said:

but she has 2 biological daughters that she wants to bring with her.

As per your other topic, her daughters birth certificates have the father’s other wife as the the mother. There is no pathway for the daughters through their maternal ancestors.

 

 

 

 

 

 

 

[rooji 25]

14 hours ago, SalishSea said:

Whether the spouse immigrates is irrelevant.   The daughter is legally married, and therefore her family preference category is married over 21, which adds many years, as Boiler is trying to tell you.

Okay I got that. Either the husband dies before we apply or she divorce him the process will take longer since she is married. 

 

Pakistan divorce system is not that simple. She can file for divorce and because she is a woman the chances of her getting a divorce is slim if he has connection. 

[rooji 25]

7 hours ago, Mike E said:

As per your other topic, her daughters birth certificates have the father’s other wife as the the mother. There is no pathway for the daughters through their maternal ancestors.

 

 

 

 

 

 

 

I understand that the daughters had no chance. Prior to applying for visitor's visa, they fixed the birth certificate. However just to be on the precautionary side: could we do DNA testing if the SIL ends up applying for her kids? 

Edited August 24, 2023 by rooji

[JeanneAdil 6,425]

22 minutes ago, rooji said:

I understand that the daughters had no chance. Prior to applying for visitor's visa, they fixed the birth certificate. However just to be on the precautionary side: could we do DNA testing if the SIL ends up applying for her kids? 

Sorry,  u fixed the birth certificates?  changing the mother's listed name as your daughter's 

Husband ,  as she still is married ,  needs to be listed

AND THE BIG AND she needs to divorce as she is part of a polygamist family which is illegal  in the US 

Situations that are illegal such as polyamy ,  marrying first cousins when not legal in the state mean denial at interview  

so,  if she follows immigration rules , listing husband ,  her 2 children and her 2 stepchildren-his kids r stepchildren as she is still married to him and her situation (with no divorce) it will be a long wait and denial at the end

 

the husband needs to be listed and offical divorce degree needs to be sent in by NVC stage and shown to be legal document at interview

 

Was she his 1st wife and if so,  did she give permission for him to marry again?

It is illegal in many countries, including Pakistan. According to Pakistani law, a man can only marry again if he has Permission from his first wife. If he marries without her Permission, he can be punished by up to five years in jail and a fine of up to 500,000 rupees.

[rooji 25]

22 minutes ago, JeanneAdil said:

Sorry,  u fixed the birth certificates?  changing the mother's listed name as your daughter's 

Husband ,  as she still is married ,  needs to be listed

AND THE BIG AND she needs to divorce as she is part of a polygamist family which is illegal  in the US 

Situations that are illegal such as polyamy ,  marrying first cousins when not legal in the state mean denial at interview  

so,  if she follows immigration rules , listing husband ,  her 2 children and her 2 stepchildren-his kids r stepchildren as she is still married to him and her situation (with no divorce) it will be a long wait and denial at the end

 

the husband needs to be listed and offical divorce degree needs to be sent in by NVC stage and shown to be legal document at interview

 

Was she his 1st wife and if so,  did she give permission for him to marry again?

It is illegal in many countries, including Pakistan. According to Pakistani law, a man can only marry again if he has Permission from his first wife. If he marries without her Permission, he can be punished by up to five years in jail and a fine of up to 500,000 rupees.

 

I have broken down all the questions you have asked me above.

 

Firstly: it is not my name or my immediate relative. I am asking on behalf of my mother-in-law who wishes to apply for her daughter and wants to add her grand daughters for derivative. MIL will be listing her daughter's marriage at the i130 stage and I am hoping either the husband dies by NVC stage or the daughter divorces by then (which is unlikely). The daughter did not do any illegal activities or any fraud. that was all on the husband but unfortunately the daughter is paying the price. I know polygamy is a big no in USA and hence I asked if my mother-in-law can only apply for the daughter alone and her 2 biological kids and not include the husband when the time comes to move to usa. I was given a yes by some people here so I am lost now.

 

The birth certificate lists my SIL and her husband as the biological parents now. The b-form, not sure about that. I have to find that out. B-form and NADRA issued birth certificate are 2 different documents in Pakistan.

 

Yes Pakistan has that law and unfortunately many people do not follow it and if you are closely following or even reading how the justice system in pakistan is corrupt then you will know that even as per this law it is corrupt.

 

My sister-in-law married her husband in good will and unknowingly to her, the husband went ahead and got married to his lover while he was married to my SIL. She didn't know until after she was pregnant and had her first born. no one in our family knew. I don't know how things work in morocco or any other muslim country, but Pakistan does not follow the Islamic laws and not even its own laws. that is how much the system is corrupt and often people just accept their fate and stay in such relationships because they have kids with that person and do not report it. My SIL, a victim of domestic abuse, decided to stay in the marriage and not report when she should have (we are talking about 16 plus years ago) the law was recently enforced heavily. so the answer to your question whether she was his first wife or not, we don't know because he married her and a month later he brought in the second wife.

 

She doesn't want to list the step-children since they are not her biological kids and she is not responsible for them. her husband and his other wife are responsible for the step-children. she only wants to bring her daughters (when the time comes). She is not planning on omitting any information about her life including her husband and his marriages but the question is the same: does she have to list her husband and his other family at the nvc stage? Wouldn't his family not be her immediately family since they are not biologically related to her? I read somewhere that you cannot add stepchildren as derivative...because my understanding is that husband will not be able to immigrate with her since he is married more than once and he doesn't want to either and neither does she want to include him. But for her kids, she is worried and wanted to know what her options are.

 

I already got that it is a long wait since she is married and unless she divorces the husband she sort of is stuck. The way divorce works in pakistan is not that simple since the husband has connections and can easily not give her a divorce even though the law allows her to get one. basically the husband screwed her and well she is stuck and the system is not on her side. Pakistan law and system is not that white and black like American system is, at least here you can get justice if you are a woman but in Pakistan it is not that easy. It has all sorts of shades.

 

We are looking for legal ways and not illegal ways and I am trying to make her understand that she needs to file for divorce but that is a long battle and my only hope at this point is that she sees sense and divorce or the husband dies (due to his health conditions).

Edited August 24, 2023 by rooji

[Boiler 45,359]

She is not coming to the US to practice Polygamy. Well I assume not so not an issue.

https://fam.state.gov/fam/09FAM/09FAM030212.html

 

The regulations.

[rooji 25]

Just now, Boiler said:

She is not coming to the US to practice Polygamy. Well I assume not so not an issue.

https://fam.state.gov/fam/09FAM/09FAM030212.html

 

The regulations.

 

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?

[Boiler 45,359]

3 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?

Yes, I was just pointing out the regulations. 

[rooji 25]

Just now, Boiler said:

Yes, I was just pointing out the regulations. 

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.

[Boiler 45,359]

Just now, 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.

Generally no. There might be weird civil laws in Pakistan. I can not think of how this could impact her immigrating to the US.

[SalishSea 17,751]

6 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?

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.

[rooji 25]

Just now, Boiler said:

Generally no. There might be weird civil laws in Pakistan. I can not think of how this could impact her immigrating to the US.

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?