Forced Marriage

[cyclotheme 0]

Have you ever heard of a situation where someone goes back to their country while visa is being processed and they are forced to marry against their will? GC is finally granted and they come to the US; the spouse realizes the marriage is forced and doesn't want a divorce.

Is there any likelihood that the forced marriage will be discovered and the person won't be able to become a citizen? Or should they tell the government? Problem is that it's very hard to prove that a marriage is forced, and of course the family is not sympathetic so they won't help to prove it. They know the marriage is forced and they think that is their right.

What do you think?

Thanks,

cyclo

[belinda63 2,981]

Were they married to the US citizen prior to the forced marriage? Usually the US will recognize the first legal marriage and require them to divorce all other wives prior to applying for a visa. In this specific situation where the visa was already applied for prior to the second marriage I would have to defer to more legal minded persons.

[cyclotheme 0]

Were they married to the US citizen prior to the forced marriage? Usually the US will recognize the first legal marriage and require them to divorce all other wives prior to applying for a visa. In this specific situation where the visa was already applied for prior to the second marriage I would have to defer to more legal minded persons.

The USC marriage was the first marriage. Second marriage was forced after some violence. Visa was granted; They are back together in the US and very scared; they don't want to divorce or be separated. If visa is revoked or marriage is discovered during AOS process, they can't go back to live in that country. They are afraid to do anything and afraid not to.

[Darnell 8,478]

many good things for Malaysia these days - suggest they move there, all of them.

[VanessaTony 3,567]

Have you ever heard of a situation where someone goes back to their country while visa is being processed and they are forced to marry against their will? GC is finally granted and they come to the US; the spouse realizes the marriage is forced and doesn't want a divorce.

Is there any likelihood that the forced marriage will be discovered and the person won't be able to become a citizen? Or should they tell the government? Problem is that it's very hard to prove that a marriage is forced, and of course the family is not sympathetic so they won't help to prove it. They know the marriage is forced and they think that is their right.

What do you think?

I'm confused so just bear with me.

Person is already married to USC, filed for CR-1 visa and while in their home country marries someone else (non-USC). GC is granted AFTER second marriage to non-USC. They don't disclose this fact to USCIS. Non-USC wife refuses to divorce.

If the above is correct no I haven't heard of it. Second marriage isn't valid. Person is only married once in the eyes of US BUT the fact the second marriage occurred doesn't really look very good. If non-USC wife or anyone else were to tell USCIS about the marriage then it's likely that status would be revoked based material misrepresentation (not disclosing married a second time - whether forced or not it occurred). It also doesn't look good because it shows the family does not approve of marriage to USC wife which some consulates take into consideration in some cultures. It also makes me wonder WHY the second marriage was forced. I've heard of "shot gun" weddings if a woman and a man have sex out of wedlock they're forced to marry, or if woman is pregnant etc.

OR are you saying that K1 visa was applied for and they married prior to entering on K1? Or are you saying that the person married the USC twice? Once in US to get Cr-1 visa and another time in home country?

Edited June 1, 2011 by Vanessa&Tony

[JimVaPhuong 4,863]

The USC marriage was the first marriage. Second marriage was forced after some violence. Visa was granted; They are back together in the US and very scared; they don't want to divorce or be separated. If visa is revoked or marriage is discovered during AOS process, they can't go back to live in that country. They are afraid to do anything and afraid not to.

Was this in Pakistan? The person who was forced to marry - are they male or female?

[cyclotheme 0]

I'm confused so just bear with me.

Person is already married to USC, filed for CR-1 visa and while in their home country marries someone else (non-USC). GC is granted AFTER second marriage to non-USC. They don't disclose this fact to USCIS. Non-USC wife refuses to divorce.

If the above is correct no I haven't heard of it. Second marriage isn't valid. Person is only married once in the eyes of US BUT the fact the second marriage occurred doesn't really look very good. If non-USC wife or anyone else were to tell USCIS about the marriage then it's likely that status would be revoked based material misrepresentation (not disclosing married a second time - whether forced or not it occurred). It also doesn't look good because it shows the family does not approve of marriage to USC wife which some consulates take into consideration in some cultures. It also makes me wonder WHY the second marriage was forced. I've heard of "shot gun" weddings if a woman and a man have sex out of wedlock they're forced to marry, or if woman is pregnant etc.

OR are you saying that K1 visa was applied for and they married prior to entering on K1? Or are you saying that the person married the USC twice? Once in US to get Cr-1 visa and another time in home country?

Thanks for your reply. Yes, first scenario is correct. I agree that the second marriage is not valid in the eyes of the U.S. and even in Pakistan, where this happened, the husband is obliged to take the permission of the first wife before marrying the second, so technically it is not valid, although I can't imagine that somehow the courts wouldn't make some kind of zig-zag and uphold the second marriage anyway.

Things like this happen all the time over there, where people are forced to marry their first cousins because it's better for the family. They can keep all the money and the land in the family and use each other rather than let money or land or influence go to people outside of the family. Regarding being forced, I think in America we tend to think that someone will hold a gun to the person's head and they will sign the document, but more likely they will threaten the person that they will kill one of their family members, and they know that this will begin a feud that will find all the person's brothers dead before long. So they go along with it. If there is any hesitation, someone will get hurt, like someone's car will be strafed with bullets or their home, and maybe someone will be wounded, just to let the person know that this is a serious threat. There's no way out. It's a nightmare. These poor people are afraid that, after all this, they will be separated anyway if someone finds out he was forced to marry. I would tell them to consult with a lawyer, but how do you find a lawyer who is experienced with this? In the UK they have a forced marriage unit which is part of the government. Here there seems to be no provisions for that but this couple is not the only one, except I suppose the spouse usually just leaves the marriage because they can't cope with it.

[JimVaPhuong 4,863]

Thanks for your reply. Yes, first scenario is correct. I agree that the second marriage is not valid in the eyes of the U.S. and even in Pakistan, where this happened, the husband is obliged to take the permission of the first wife before marrying the second, so technically it is not valid, although I can't imagine that somehow the courts wouldn't make some kind of zig-zag and uphold the second marriage anyway.

Things like this happen all the time over there, where people are forced to marry their first cousins because it's better for the family. They can keep all the money and the land in the family and use each other rather than let money or land or influence go to people outside of the family. Regarding being forced, I think in America we tend to think that someone will hold a gun to the person's head and they will sign the document, but more likely they will threaten the person that they will kill one of their family members, and they know that this will begin a feud that will find all the person's brothers dead before long. So they go along with it. If there is any hesitation, someone will get hurt, like someone's car will be strafed with bullets or their home, and maybe someone will be wounded, just to let the person know that this is a serious threat. There's no way out. It's a nightmare. These poor people are afraid that, after all this, they will be separated anyway if someone finds out he was forced to marry. I would tell them to consult with a lawyer, but how do you find a lawyer who is experienced with this? In the UK they have a forced marriage unit which is part of the government. Here there seems to be no provisions for that but this couple is not the only one, except I suppose the spouse usually just leaves the marriage because they can't cope with it.

So we're talking about a man who was forced to marry when he returned to Pakistan?

Ok, unfortunately, the second marriage is probably legal in Pakistan. Practicing polygamists are inadmissible to the United States, and therefore deportable under INA 212(a)(10)(A). I suggest he speak with an immigration lawyer right away.

[Brother Hesekiel 2,235]

Being totally ignorant to the culture of Pakistanis, I see this as a decision that the man made, fearing for the well being or life of loved ones.

I compare it to a case where somebody is being kidnapped, or a wife or a child is kidnapped, and the man would be given the choice to rob a bank or assassinate somebody or else. He can refuse to do that, and by doing so assume the consequences this may have to the loved one(s), or comply with the criminals' request and assume the consequences those actions would have for him, personally.

The more I think about it, the more I feel this is a great comparison.

Here the man gave in to the criminals' demands and married against his will, and by doing so he accepted the consequences of his actions, namely the end of his American dream.

I won't tell you what I would have done had I been in his shoes, but I can imagine what a hell of a decision that must have been. In the end he chose his family members in Pakistan over his lawfully wedded wife, the real one, in the United States, so that should be food for thought.

[james&olya 1,121]

First, I agree he needs a lawyer with experience. And even though this is almost unheard of here, it happens often enough elsewhere that there must be attorneys in the US familiar enough with it to help him.

Second, I cannot believe that our justice system would force him to abandon his first wife since, legally, he was unable to marry the second, under our laws at least. So, if they choose to make their life here the courts will probably say that is their right. As to the misrepresentation, all rules must have exceptions for extreme circumstances and this is extreme! I am not an attorney but I would tend to want to reassure this couple that in the US, at least, they will be able to live their dream.

[Brother Hesekiel 2,235]

Tell you what: to some extend we all make decisions that influence our lives. If I know that the drug cartel is waiting for me in Mexico, I don't go there anymore. If I'm a Pakistani, or guy from Persia or Afghanistan or God knows where some criminals wait for me to do something really bad, and I'm a LPR of the United States, married to a United States citizen wife, then I don't travel there anymore.

If an innocent person is being shot, we shake our heads and feel compassionate. If a guy plays with a loaded gun and shoots himself in the foot, we again shake our heads but may not feel as compassionate. If someone is being mugged while entering a bank during his lunch break, we feel compassionate; if the same guy is jogging shortly after midnight through Central Park in New York City, wearing his gold-crusted Rolex, and gets mugged, we might not feel as compassionate again.

If you walk toward danger, expect to get hurt.

[james&olya 1,121]

Tell you what: to some extend we all make decisions that influence our lives. If I know that the drug cartel is waiting for me in Mexico, I don't go there anymore. If I'm a Pakistani, or guy from Persia or Afghanistan or God knows where some criminals wait for me to do something really bad, and I'm a LPR of the United States, married to a United States citizen wife, then I don't travel there anymore.

If an innocent person is being shot, we shake our heads and feel compassionate. If a guy plays with a loaded gun and shoots himself in the foot, we again shake our heads but may not feel as compassionate. If someone is being mugged while entering a bank during his lunch break, we feel compassionate; if the same guy is jogging shortly after midnight through Central Park in New York City, wearing his gold-crusted Rolex, and gets mugged, we might not feel as compassionate again.

If you walk toward danger, expect to get hurt.

Maybe the OP was naive or foolish in the risks he took. But we don't know the circumstances of his life. We all take some risk every day. Every time we get in the car there is a risk we will be hit by another vehicle. It is not our place to be judgmental but rather to offer needed support and advice. I don't think many of us raised in the comfort and security of the US can even begin to imagine the hardships and dangers many other people deal with on a routine basis!

[nab 74]

Being totally ignorant to the culture of Pakistanis, I see this as a decision that the man made, fearing for the well being or life of loved ones.

I compare it to a case where somebody is being kidnapped, or a wife or a child is kidnapped, and the man would be given the choice to rob a bank or assassinate somebody or else. He can refuse to do that, and by doing so assume the consequences this may have to the loved one(s), or comply with the criminals' request and assume the consequences those actions would have for him, personally.

The more I think about it, the more I feel this is a great comparison.

Here the man gave in to the criminals' demands and married against his will, and by doing so he accepted the consequences of his actions, namely the end of his American dream.

I won't tell you what I would have done had I been in his shoes, but I can imagine what a hell of a decision that must have been. In the end he chose his family members in Pakistan over his lawfully wedded wife, the real one, in the United States, so that should be food for thought.

popped in to see whats going and and saw this

I agree Bob. She should take his decision VERY carefully and understand what his choice means.

He knows the culture in which he was reared, he would know if it were expected of him to marry within the family (no matter he has an outsider wife already) or even expected to take a second or more wives; he would also know his family well enough to know the lengths they would/did go to get their way.

Your friend's husband has made his choice, now his wife needs to make a choice. Does she want to live all life with a man who choses to do the wrong thing rather than stand up for her and for their marriage? If he will give in on something this huge, the rest of her life will be a series of his family making the decisions for his/her lives on ALL things. If she is a muslim girl she needs to understand that means having an unislamic hand making decisions for her, and her children's lives. What will she do when they teach the children wrong behaviours? What if they endanger her children because of some 'cultural' behaviour and he will not stand with her to protect them? Will he stand idly by if his family beats or harms her? She needs to understand how large his decision was and what it means for her future. If he did not value her then at beginning of their marriage, he will NEVER value her.

I can't imagine AOS being approved if he has a 2nd marriage done AFTER this marriage ... kind of shows it was just a sham marriage to get GC and then REAL marriage is to the cousin, who he will bring over after he has his status adjusted and divorce in place. Perhaps a move to Pakistan is in order and they can just live there, or some other country to live out their lives if they cannot get USA visa; if 1st marriage is a sham marriage for GC, he will NEVER go for that :-p

What I'm curious about, it sounds like he is back in USA... wondering how 'against' this 2nd marriage he really was/is.

was 2nd marriage registered with union council? if so, he can contact union council for divorce and state that the marriage was forced. if he will not divorce the 2nd wife, his 1st wife needs to run from him.

did he sleep with this 2nd wife while he was in Pakistan? if so, 2nd wife needs to run from him. (common thing i've see from various countries is to have wife in each country, whether legit or common law)

where is 2nd wife living now? if with his parents, they are recognizing the marriage as legit. if he sends money for her support = 1st wife needs to run from him because he is freely acknowledging her as his wife.

if it were all done under threat and the gutless wonder is back in USA hiding behind the skirt of his 1st wife claiming it was all done from fear, well, he's safe now, he should have enough courage now to cut from this 2nd wife. If he refuses or just makes excuses, she needs to wake up becasue it's obvious it's a free choice.