[Kenya] [India] [I-130] Seeking Guidance: Divorce document for filing I-130 for soon to be spouse.

[ie1059 3]

Hello VisaJourney members!

 

Hope this finds you to be well  

 

I am happily engaged to my fiancé who is in Nairobi, Kenya (a Kenyan Citizen). I am the USC. I wish to bring my fiancé to the US to live with me soon after marriage. 

 

Here is the situation:

My fiancé was previously married to another person in India about 7-9 years ago under the islamic ceremony and had a nikah-nama. They had not registered the marriage under the marriage registrar. 

Later they divorced after about 1.5 year, once again under the islamic talaq ceremony. However, my fiancé  had returned to Kenya and the ex-spouse (the Indian citizen) was in India. So my fiancé had a power-of-attorney person (called as 'vakalat' in islam) be the signatory person on the islamic divorce (which was the 'murbahat' type, meaning mutually agreeable divorce).

So in short, there is no divorce decree from the court for this divorce that took place in India. 

 

Now I am planning ahead for all the documents needed and do not want to end up in a situation where I get married to my fiancé before making sure that the previous marriage is legally binding for US immigration purposes and am helping navigate the journey to find and source confirmed cases of similar situation and confirmation that the islamic divorce document is valid. 

I read on the India reciprocity page (https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/India.html), that the islamic divorce and its certified translation (since it is in a non-English language) is valid for US immigration. But then, I came across this case (https://www.uscis.gov/sites/default/files/err/B9 - Battered Spouse or Child/Decisions_Issued_in_2009/Jan262009_06B9204.pdf) where the USCIS had denied the 'islamic marriage' part of their complicated situation. Although the ruling was legal since they had a Hindu and an Islamic marriage, the concerning thing for me is this statement in the initial rejection of the I-130 petiion quoted from the case document: 

Quote

Although your religious divorce is recognized in India as a legal divorce, this is not recognized as a legal divorce for immigration purposes. In order for the legal termination of a marriage to be considered valid for immigration purposes, it must have been registered with a civil authority.

 

 

I just wanted so re-assurance that the translation of my fiancé's talaq islamic divorce certificate will be accepted at all stages of US immigration up until the eventual N-400 application, especially since she is in Kenya. I don't know if they will use the Kenyan reciprocity (which states court divorce decree is must) or the Indian reciprocity to evaluate my fiancé's previous divorce document.

 

At this stage, my fiancé has no contact with the ex-spouse and it would be a huge hassle for filing a court divorce (especially that my fiancé is a Kenyan citizen residing in Kenya currently.

Few other notes:
Under the Kenyan marriage act of 2014, islamic divorce is acceptable and can be registered (but no divorce decree will be issued). (https://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/TheMarriage_Act2014.pdf). However US immigration does not accept this in the Kenya reciprocity page on the state department website. 

Under the Indian act(s) of "Muslim Personal Law (Shariat) Application Act, 1937." (https://www.indiacode.nic.in/bitstream/123456789/2303/1/A1937-26.pdf), and "Dissolution of Muslim Marriages Act, 1939" (https://www.indiacode.nic.in/bitstream/123456789/2404/1/193908.pdf); the islamic divorce document issued in India (talaq-nama) 'seems' to be legally binding for India as well as for US immigration.

 

Just too many facts/points here to make a conclusive understanding of what to do and to reassure myself.

 

Thanks a ton for your time to read through this patiently!!

[Ryan H 3,812]

Moved from Progress Reports to Process and Procedures.

[pushbrk 12,888]

You don't name the document she has. Is it this one?

 

Document Name: ...For Islamic religious authorities, it is called the Talaqnama.

Issuing Authority: ...Muslim religious bodies.

Edited May 18 by pushbrk

[ie1059 3]

7 minutes ago, pushbrk said:

You don't name the document she has. Is it this one?

 

Document Name: ...For Islamic religious authorities, it is called the Talaqnama.

Issuing Authority: ...Muslim religious bodies.

Yes, you're right! 

it is called the 'talaqnama' issued by the religious body of the muslim sect we belong to. 

[pushbrk 12,888]

1 minute ago, ie1059 said:

Yes, you're right! 

it is called the 'talaqnama' issued by the religious body of the muslim sect we belong to. 

I know that is the correct document.  I asked if that's the one you have.  If it is, you should be ok.

[ie1059 3]

24 minutes ago, pushbrk said:

I know that is the correct document.  I asked if that's the one you have.  If it is, you should be ok.

Yes, that's the one she has. 

 

Thank you!