ie1059

Yes, that's the one she has. Thank you!

Yes, you're right! it is called the 'talaqnama' issued by the religious body of the muslim sect we belong to.

Thank you @Lemonslice This helps me!

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: 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!!

Disclaimer: Names and scenarios are representative for privacy. Hello visajourney.com community, I'm preparing to file an I-130 petition for my mother and am encountering challenges due to multiple name changes and a religious divorce. Here's a detailed breakdown to mirror my situation: Birth Certificate Name: Let's use "Nora Hatim Ali" as an example, where "Hatim" represents my grandfather's name, offering context similar to my mother's situation. Marriage Certificate Name: On the marriage certificate, her name appears as "Nora Mulla Hatim Alli", incorporating "Mulla" as a title, much like "Sir", which my grandfather adopted. This reflects the addition of a title. Note the additional letter 'L' added in 'Alli' Passport Name When Married: For international travel, she adopted her husband's surname, becoming "Nora Ednan Khan" (assuming "Khan" represents my father's surname), which shows her moving away from her maiden name. Adnan assumed as my father's first name. Note spelling difference of Adnan vs Ednan. Divorce Documentation: Their divorce was conducted through a religious ceremony. I'm doubtful if muslim divorce certificate is recgnized by indian local courts. The documentation lists my father with a variant surname, "Adnan Khan" becoming "Adnan Khaann", and my mother as "Nora Hatim Bakshi". "Bakshi" represents a new surname she adopted post-divorce, because my grandfather changed his surname from 'Alli' to 'Bakshi' during the time my mom and dad were married (27 years). My Birth Certificate: Simplifies her name to just 'Nora' and my father's name as 'Adnan Irfan Khan'. My Name stated as 'Younus' Post-Divorce Name Change: After the divorce, she chose "Nora Hatim Bakshi", as her official name which is there on her passport too. There's a government document called the gazette, that has proof of name change from "Nora Adnan Khan" to "Nora Hatim Bakshi". Note spelling of Adnan vs Ednan. My official name everywhere: "Younus Adnan Khan" Given USCIS guidelines, I understand that my birth certificate and proof of my citizenship might be initially sufficient to prove my relationship to my mother. I have gone ahead and done a DNA test as well and they have issued me a document that I can scan and upload (with a 'void' watermark popping up since they usually physically mail the result to USCIS on an RFE for DNA). What documents are enough to make the i130 approval requirements? For now I'm uploading my birth certificate, my mother's current passport ("Nora Hatim Bakshi"), my citizenship certificate and US passport. However, the name discrepancies and the nature of her divorce have raised concerns about potential complications in the I-130 application process. Questions: How can I best document and explain the various name changes in the I-130 form to reflect the transition from "Nora Hatim Ali" to "Nora Mulla Hatim Alli" to "Nora Ednan Khan" and finally to "Nora Hatim Bakshi"? Considering the divorce was conducted through a religious ceremony without a formal court decree, what additional documentation might USCIS require? Are there specific strategies or documentation I should prepare to clarify these issues for USCIS? I'm grateful for any advice or insights, particularly from those who have navigated similar complexities. Thank you!