Marriage void in US but legal in foreign country.

[M.A.K 0]

HI EVERYONE,

I desperately need help on this case. I'm confused what to do..

I applied for my wife I-130 which was approved in 2012. She was interviewed at Islamabad embassy in 2013. the CO denied her visa and sent case back to US. CO said that our marriage is void b/c when we got married, my divorce with ex-wife was still in progress and not finalised. My divorce was finalised after my second marriage. It is legal in Pakistan to have more than one wives at the same time but not here in US. So our marriage is registered in pakistan.

CO also told us to remarry and then apply again for the I-130. I am now thinking that instead of applying for a new I-130 can I apply for a Fiance visa and marry in US instead of marring in Pakistan? b/c we are already married in pakistan but US declared our marriage void.

There is a question in I-129f that " are you married?"

I am not sure what to answer. b/c US do not accept our marriage but at the same time we are considered married in Pakistan. Also my wife has my name written on husband's section of her passport.

I also would like to mention that we have 4 children together. All my children got visas through I-130 and are here in US with me.

[sara..... 371]

This is just me thinking so dont take it as true fact but if you were still married to your now ex wife when you married in Pakistan you would have to remarry as your asking to bring her to the USA and thats the law that you have to meet...USA doesnt allow more than one wife and by marring before your divorce was final it makes your marriage in Pakistan not valid ........if your Muslim of course Pakistan recognizes more than one wife but your trying to bring her to the USA here it is not legal again you have to abide by the law in the USA.........I could be dead wrong here but I personally would not take the chance of wasting my time on F1 visa I would just marry and reapply and stated in your over letter with the new petition why you had to petition again..........F 1 visa might be a waste of time because of the first petition you applied for

sara

[Pheebs1201 269]

I'd be inclined to get married in another country to have a more recent marriage certificate and apply for a CR-1/IR-1. Good luck!

[Boiler 45,673]

Probably too married to make a K1 logical.

I would take the COs guidance.

[CowBoE 429]

Though US didn't recognize your second marriage, you two are registered as married in Pakistan,

so potentially K1 visa would be denied again.

Also, she will have to provide your marriageability certificate from Pakistan,

but it's going to show up as "married".

If the first marriage is finally all cleaned up, personally, I would refile for spouse visa,

since the original rejection cause has been remedied.

For you to go to the K1 visa route, your second marriage would also have to

be in divorced state, which I think its more complicated and it would prolong the

her time to come to US.

[Boiler 45,673]

He has a marriage certificate dated before his divorce certificate.

[aaron2020 11,651]

The US does not allow for plural marriages.

US laws does not allow a spousal immigrant visa for a 2nd, 3rd, or 4th wife.

That is the problem. It's not that the US does not recognize the marriage. The US recognize that you are married. It's just that your marriage does not offer a spousal immigrant visa for the 2nd wife.

You need to make her a 1st wife if you want an immigration visa for her.

A K-1 will not work since she is not free to marry since she is already considered marry under local laws.

You need to fix the marriage problem. You may need a divorce before proceeding with a K-1 or a spousal visa.

[sarahch 68]

remarry and file for a CR1 visa, dont waste more time with the K1 route.