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Gulbalo

Father with two wives

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6 minutes ago, GermanGirlinNYC said:

Love it. 

 

But just to clarify: I'm not trying to get into a religious debate either. I'm just trying to say that USCIS might assume there to be a need for your father to LIVE with his wives, which would obviously be a problem for them. So to be proactive you might want to explain how you see it. 

 

Best of luck.

Thank you. I am very open to opinion, suggestions and stuff. When you say proactive, what is it that my father needs to do  ahead of time to convince the US embassy that he is not coming to US to practice polygamy or Should ask my father to divorce the first wife and send the divorce paper work and correct DS260 to NVC before they review my father case.

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Filed: K-1 Visa Country: Wales
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At the moment he seems to have stated he does intend to practice polygamy by not putting in the details of his wife but someone else.

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: K-1 Visa Country: Wales
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Did she mention your father?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: K-1 Visa Country: Wales
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Not sure as she does not have a Spouse and could argue that in local custom he is her husband, can not be the first time the Consulate has seen this.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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1 hour ago, Boiler said:

Not sure as she does not have a Spouse and could argue that in local custom he is her husband, can not be the first time the Consulate has seen this.

You don't know what you are talking about right? In that country they come from those both marriages are legal. The difference is that polygamy is not acceptable in the US. Please don't give here something you are not sure about as  validated information. Her mother Has a spouse as was mentioned above. They have the paper. She is married but she is in the polygamous marriage. 

 

1 hour ago, Gulbalo said:

Yes, she did

Please Gulbalo, consult a lawyer about your further  possible steps. Unfortunately this is just a visa forum and people can't give you an expert opinion  unless they have really gone through exactly the same situation..your situation is not common .you will only get confused more. I suggest not to drag it until the interview. Find a lawyer at least to consult with. 

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Filed: Citizen (apr) Country: Nigeria
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  It is hard to walk the immigration path when you have a multiple wife situation.    You can petition your bio father , you can petition your bio mother. 

  Your father is only allowed for immigration purposes to have a single wife.  Immigration usually gives preferences to the first wife. Because wife 1 isn't interested in an immigration benefit your are probably ok .  They should be careful about the interview because it is a tricky thing to be in a culture where there are many wives and immigrate. 

This will not be over quickly. You will not enjoy this.

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Filed: K-1 Visa Country: Wales
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40 minutes ago, Lenchick said:

You don't know what you are talking about right? In that country they come from those both marriages are legal. The difference is that polygamy is not acceptable in the US. Please don't give here something you are not sure about as  validated information. Her mother Has a spouse as was mentioned above. They have the paper. She is married but she is in the polygamous marriage. 

 

Please Gulbalo, consult a lawyer about your further  possible steps. Unfortunately this is just a visa forum and people can't give you an expert opinion  unless they have really gone through exactly the same situation..your situation is not common .you will only get confused more. I suggest not to drag it until the interview. Find a lawyer at least to consult with. 

Good idea to read the whole thread issue I see is the Pologomy in the US question. Father has other issues. 

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Lift. Cond. (apr) Country: China
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Moved from IR-1/CR-1 Progress Reports to Bringing Family Members of US Citizens to America forum.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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3 hours ago, Boiler said:

Good idea to read the whole thread issue I see is the Pologomy in the US question. Father has other issues. 

I don't know what you are trying to say here. BTW, I have already sent an inquiry email into this situation to my lawyer. I am waiting on a response from my lawyer while at the same time trying to see some have the experience or have gone through this type of immigration issue.

 

I hope this will not reset the process to apply again for my parents at USCIS. I have already been waiting a year to get to this point. I also hope that US immigration will not categorize this as a immigration fraud because I assure you all that fraud has no room in this journey of immigrating my parents. Even if I have to re-apply again under a proper status, whatever that could be, I will.

 

Again guys, I really do need to get the answers from those who have the expertise or experience from a previous case or even one of our VJer who might have gone through  it  and see what was done

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I do think some advice on here is inaccurate i think you need a lawyer - looks like you may he okay, esp if your father can get a divorce.

 

its a paper!  They are not staying as husband wife anyway.

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1 minute ago, Auds said:

I do think some advice on here is inaccurate i think you need a lawyer - looks like you may he okay, esp if your father can get a divorce.

 

its a paper!  They are not staying as husband wife anyway.

I wanna to act sooner by sending the required divorce paper to NVC before case reviewed and scheduled for interview. Divorce is not ideal here and that's why I am trying to find my options but if not left with other choice I guess that would be the route.

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Filed: Timeline

"in Al Sharabi v. Heinauer (N.D. Cal. Sept. 7, 2011), upholding the immigration authorities’ reliance on Matter of H, 9 I. & N. Dec. 640 (BIA 1962), and Matter of Mujahid, 15 I. & N. Dec. 546 (BIA 1976). Mujahid, for instance, held that “even if the marriage is valid where celebrated, it is void as against public policy in the United States because it is a polygamous marriage and, therefore, cannot be recognized as valid marriage for immigration purposes.” 

"A) Practicing polygamists.-Any immigrant who is coming to the United States  to practice polygamy is inadmissible."

So your parents are not considered married by the definition of USCIS. Also they are practicng polygamists. So they are BOTH inadmissible.There is no way to make a statement at the Embassy along the lines of "yes we are currently practicing polygamists however we promise to stop when we enter the US". You either ARE a practicing polygamist or you are NOT. 

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Filed: K-1 Visa Country: Austria
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4 minutes ago, Damara said:

"in Al Sharabi v. Heinauer (N.D. Cal. Sept. 7, 2011), upholding the immigration authorities’ reliance on Matter of H, 9 I. & N. Dec. 640 (BIA 1962), and Matter of Mujahid, 15 I. & N. Dec. 546 (BIA 1976). Mujahid, for instance, held that “even if the marriage is valid where celebrated, it is void as against public policy in the United States because it is a polygamous marriage and, therefore, cannot be recognized as valid marriage for immigration purposes.” 

"A) Practicing polygamists.-Any immigrant who is coming to the United States  to practice polygamy is inadmissible."

So your parents are not considered married by the definition of USCIS. Also they are practicng polygamists. So they are BOTH inadmissible.There is no way to make a statement at the Embassy along the lines of "yes we are currently practicing polygamists however we promise to stop when we enter the US". You either ARE a practicing polygamist or you are NOT. 

Interesting! 

 

Do you know if the situation changes when of the wives is divorced? 

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