Father with two wives

[Gulbalo 7]

GUYS, I have a dilemma here

 

I petitioned for my Father and my biological mother to come to USA. Now, my father has two wives but he is not intending to bring the second wife to the US. My questions are as follows

1) Can my father still get a VISA (IR5 currently in progress)?

2)  Can my mother still get a VISA (IR5 case is complete and waiting on my father case to be completed before it can be scheduled for interview)?

3) I could not mention on the DS260 that my father has two wives because there is no option?

 

Does anybody know or have experience or immigration knowledge as to what is going to happen here.

 

I preparing myself for the worst case scenario.

 

NOTE AGAIN: My father has no intention of bring his other wife to the US. Also, he has obtained a NO OBJECTION CERTIFICATE showing that the first wife has no object of him to live in the US and that she will not immigrate to the USA.

My mother is his second wife.

 

Thanks VJ friends

 

 

[canadian_wife 1,791]

Not sure how that would work. is the 2nd wife a legal wife?   (just curious, I am not even sure if the US would recognize a 2nd wife)

 

Good luck 

[Gulbalo 7]

Second wife is a legal wife with legal marriage paperwork.

 

Second wife is my biological mother. I don't what is right course of action here before it is too late for visa approval

[Gulbalo 7]

Note: That on the DS260 there is a question " Are you coming to US to practice polygamy?" to which I answered "NO" because as I said the first wife is not coming to the US. To be honest, my father is not sexually involved with her for the last 20 years but he can't simply divorce her as it would split the family (means my step brothers and sisters) which  my father does not want to do. What is it that my father could do to convince the embassy that he will not be practicing polygamy in USA.

[Transborderwife 4,666]

I would think that the USA would recognize his first wife as his legal wife.  But I could be wrong.

 

if he's legally married to both, he's still practicing polygamy 

[Boiler 43,428]

Keep it simple as most countries do not do 2nd wives or husbands.

 

They would be petitioned individually anyway and would be considered single, possibly 'partners' and to use the old terminology living in sin.

[Lenchick 133]

I guess if he is legally married to both, he needs to divorce one.

[Gulbalo 7]

I see your point here I differ in "practicing polygamy' with you and help me out to understand why you say so.

 

The question asked if he is coming to USA to practice polygamy which he is not in the USA but I do understand that he is practicing polygamy back home since he is married to them both in the home country and not USA.

 

Another point here is that I agree with you is that the second wife (my biological mother) may not be recognized as his wife since the first wife can be the legal wife in accordance with US law. But again, I am sponsoring my mother and father NOT my father sponsoring my mother and so I assume that my mother should have no issue obtaining immigrant visa.

[Lenchick 133]

Here is the link. It explains what polygamy means under the US immigration law

http://www.nolo.com/legal-encyclopedia/will-you-be-denied-us-citizenship-based-polygamy-bigamy-multiple-marriages.html

[Gulbalo 7]

14 minutes ago, Lenchick said:

I guess if he is legally married to both, he needs to divorce one.

The application to immigrate to the usa is at the NVC and I am not sure how long does my father have to legally divorce one before the interview at Embassy. I don't know what is the right action here since I waited that long for my parents to come to usa and know that either both or father may not come because of this situation

[Boiler 43,428]

As I see it they are not coming as spouses and they are not intending to represent themselves as being married.

[Gulbalo 7]

20 minutes ago, Boiler said:

Keep it simple as most countries do not do 2nd wives or husbands.

 

They would be petitioned individually anyway and would be considered single, possibly 'partners' and to use the old terminology living in sin.

there is a separate application for both but they are crisscrossed as husband and wife on the DS260, I-130. I don't know if they would be considered single

[Gulbalo 7]

1 minute ago, Boiler said:

As I see it they are not coming as spouses and they are not intending to represent themselves as being married.

WELL actually they are coming as spouses as I mentioned on their application as being married to each other but again, I am sponsoring them.

[Boiler 43,428]

1 minute ago, Gulbalo said:

WELL actually they are coming as spouses as I mentioned on their application as being married to each other but again, I am sponsoring them.

Then you need to declare that you earlier said the answer was NO, which one is it?

[Lenchick 133]

5 minutes ago, Boiler said:

As I see it they are not coming as spouses and they are not intending to represent themselves as being married.

it doesn't matter. When you send a petition to bring someone to the US. It  clearly asks about present and previous spouses. You also attach your divorce decrees from previous marriages where there is a court decision clearly states that your divorce is final.

 

 

What did you put in i-130 then for your parents? Current marriage? Previous marriage?

6 minutes ago, Gulbalo said:

The application to immigrate to the usa is at the NVC and I am not sure how long does my father have to legally divorce one before the interview at Embassy. I don't know what is the right action here since I waited that long for my parents to come to usa and know that either both or father may not come because of this situation

 

Edited January 14, 2017 by Lenchick