F4 visa refused - divorce wasn't final before current marriage

[Family 4,068]

43 minutes ago, appleblossom said:

 

It doesn't sound like he's ineligible for a visa. It's his 'wife' that is, as they're not legally married so she cannot get a visa as a derivative.

The gender mix adds a bit of extra complexity to the family’s decision.
The derivative children are still able to get visa with the father ( as born out of wedlock, if they are biological ) . They can enter to activate green card, stay long enough to apply for I-131 Re entry permit and go back to wait out mothers process .

[Timona 4,208]

6 hours ago, Alex G33453425 said:

I was copying text from the relative and their English is poorer than mine and they mixed up the genders (he/she) and I just went with it thinking what different does it make. And changed wife to husband. But I guess reading back it doesn't make sense. So to be clear, *He* is the principal applicant and was married before. His divorce wasn't finalized from previous marriage before the current marriage. So he was married to two people (for about a week) and that's why his current marriage isn't valid. So I guess they're not married per US law since it doesn't recognize more than one marriage at a time? So I guess you're right. HE is not married per US law. 

 

Exactly. 

 

Even if his other divorce would have been finalized 1 day, 1 min, 1 month before the interview, his current wife would still have been denied visa. Why? 2 marriages overlapped. 

 

For you to benefit, there shouldn't be any overlap, regardless that there's one ongoing divorce case. US divorce and marriages are dependent, nor independent. One has to end before the other starts. 

 

While you can remarry in Pakistan while your current divorce is processing, if you're to seek US immigration benefit, there shouldn't be any overlap. If overlap occurred years ago when you had no interest in going to US, but now things have changed, you'll still have to divorce current wife, then remarry her to seek benefit. Dates can't overlap 

Edited March 29 by Timona

[jacka 1]

On 3/28/2024 at 2:43 PM, Alex G33453425 said:

Hi all, a relative of mine had an interview at Islamabad today. She was married before but her divorce was not settled until about a week after the current marriage. CO told her that her husband is not eligible to travel because polygamy is against US law. Applicant tried to argue that the divorce was about to be finalized and polygamy is technically legal in Pakistan. But CO did not accept any of that. CO told them that she can travel (if approved) with her kids but husband cannot. Applicant got a 221g with "administrative processing" and got another letter to fill out DS-5533.

 

Has anyone ever experienced this or know anything about a similar case? What are our options? CO also told them that the family members who are able to travel should sponsor her spouse. Is there a better option? Can they file for divorce and remarry and spouse be able to travel on the same case? Please help. Thanks

How the visa officer find out? Did they compare divorce certificate date with the marriage certificate date?

[Alex G33453425 3]

3 hours ago, jacka said:

How the visa officer find out? Did they compare divorce certificate date with the marriage certificate date?

All the details are in the system when you fill out the forms online. So I’m guessing the system flags it if there’s a mismatch. The officer only questioned them about the marriage right off the bat. I’m guessing she didn’t want to waste her and applicant’s time with other things when she could see that this was an issue 

[jacka 1]

8 hours ago, Alex G33453425 said:

All the details are in the system when you fill out the forms online. So I’m guessing the system flags it if there’s a mismatch. The officer only questioned them about the marriage right off the bat. I’m guessing she didn’t want to waste her and applicant’s time with other things when she could see that this was an issue 

I wonder how the petition got approved when it was filed if there was overlap in the dates between marriage and Divorce certificates.

[Boiler 45,773]

The person petitioned was the Husband

[pm5k 129]

On 3/28/2024 at 1:43 PM, Alex G33453425 said:

Hi all, a relative of mine had an interview at Islamabad today. She was married before but her divorce was not settled until about a week after the current marriage. CO told her that her husband is not eligible to travel because polygamy is against US law. Applicant tried to argue that the divorce was about to be finalized and polygamy is technically legal in Pakistan. But CO did not accept any of that. CO told them that she can travel (if approved) with her kids but husband cannot. Applicant got a 221g with "administrative processing" and got another letter to fill out DS-5533.

 

Has anyone ever experienced this or know anything about a similar case? What are our options? CO also told them that the family members who are able to travel should sponsor her spouse. Is there a better option? Can they file for divorce and remarry and spouse be able to travel on the same case? Please help. Thanks

They will technically have to remarry their spouse so there is a new marriage date.

Note this is very complicated because of Pakistani divorce laws.