Father with two wives

[Gulbalo 7]

2 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. 

Thank you for the reference.

 

IF my parents are not married by USCIS definition then there is no question of polygamy at all. This is what I get from your comment. Correct me if you I wrong

[Gulbalo 7]

Hi everyone,

 

One important fact is that the marriage with the first wife is not registered. It was a presence of a few people when my father married my stepmother. There is no registration that could be produced to show that he is registered and married to the first wife but he does, however, have children from the first wife.

[GermanGirlinNYC 7]

1 minute ago, Gulbalo said:

Hi everyone,

 

One important fact is that the marriage with the first wife is not registered. It was a presence of a few people when my father married my stepmother. There is no registration that could be produced to show that he is registered and married to the first wife but he does, however, have children from the first wife.

Lying to USCIS is never a good idea. If your father practiced polygamy he has to disclose it. 

[Boiler 43,437]

Just now, Gulbalo said:

Hi everyone,

 

One important fact is that the marriage with the first wife is not registered. It was a presence of a few people when my father married my stepmother. There is no registration that could be produced to show that he is registered and married to the first wife but he does, however, have children from the first wife.

I am not aware of the legalities locally but are there not honour issues that cohabitating and illegitimate children produce?

[Gulbalo 7]

Just now, GermanGirlinNYC said:

Lying to USCIS is never a good idea. If your father practiced polygamy he has to disclose it. 

I think you miss reading previous posts. My father will not lie no matter what the outcome is going to be. What I am trying to say is that he would tell the embassy the facts which are;

he lives with both wives

he has legal paper for my biological mother marriage

he can not produce paper for the first wife because it was not registered rather a ceremony of a few people when he was married to his first wife.

he has kids from the first wife

 

Note: In Pakistan you can be married without to have to register with the authority (its changing now requiring you to register to obtain other documents).

[Villanelle 4,121]

No- the first quote is simply in reference to the postings about whether or not their marriage would be recognized by USCIS for benefits and it would not. So your father could not become an LPR and petition for his 'second spouse' because according to USCIS the second marriage (even though it has a certificate and was legal where it took place) is considered unrecognizable for USCIS purposes. 

 

The second part is when you petition for a parent- whether its one parent or both parents at the same time, the parent is 'evaluated' and needs to be found admissible. Someone who is a practicing polygamist is inadmissible. Currently they are BOTH practicing polygamists. Like I said it is unlikely you will be able to go to an interview and disclose you are a current practicing polygamist BUT wont be in the US. 

 

From USCISs POV your dad (being married to 2 women but only the first marriage recognized by USCIS) can immigrate and petition for his spouse (wife 1). There is nothing stopping them all from recreating their polygamous situation in the US. Your/her/his promise that she wont immigrate means nothing. People change their minds. So while you are correct the question is 'are you going to practice polygamy in the US' and the answer is no, which shouldnt bar their petition- the fact remains that it is currently a polygamous situation and since there is a way for it to continue in the US it is unlikely his 'promise' to stop and not pursue it will mean anything.

Heres an interesting read on the topic http://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=1371&context=bjil

[Gulbalo 7]

2 minutes ago, Boiler said:

I am not aware of the legalities locally but are there not honour issues that cohabitating and illegitimate children produce?

There are honor issues but more so religious ones because you can not have children without marriage with that person. The marriage has happened but it is not registered with the government.

 

The ceremony is like this, you can have a couple witness and some who will take your woes. You don't need to sign anything

 

Note: it has changed now. When I got married, I had to sign a bunch paper with all witnesses, my parents and wife's parents and then had to register our marriage with the authority

[Boiler 43,437]

So they did marry according to the requirements of the time, so not sure why you are now mentioning it. Things change, things are different now.

[GermanGirlinNYC 7]

"Bigamy and polygamy may be considered crimes, and may bar eligibility for citizenship."

 

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

[aaron2020 11,651]

1 hour ago, Gulbalo said:

Thank you for the reference.

 

IF my parents are not married by USCIS definition then there is no question of polygamy at all. This is what I get from your comment. Correct me if you I wrong

You are wrong.

 

You are misinterpreting the "coming to the US to practice polygamy."  Your father is practicing polygamy if he is married to two women at the same.   The not polygamous in the US but polygamous at home is BS like being single in the US but married at home because the foreign marriage is not recognized in the US argument.  Your father is either married two women or he is not.  He doesn't get a fiction in the law where he is practicing polygamy at home but not in the US.

 

 

[aaron2020 11,651]

Your parents are inadmissible since they are practicing polygamy.  

 

https://www.avvo.com/legal-answers/can-i-sponsor-polygamous-parents-to-usa--2476152.html

[geowrian 22,335]

From USCIS's perspective, I believe only the first wife would be recognized as his legal wife within the US. However, that does not mean he is not currently a polygamist according to the US. It also does not mean he is not married to both of them - it means only one is legal. So for visa purposes, both he and his 2nd wife are married and practicing polygamy...making them inadmissible.

 

 

[GermanGirlinNYC 7]

1 hour ago, Gulbalo said:

OP, do your parents want to live in the US or just be able to visit you frequently?

[USC1961 251]

5 hours ago, GermanGirlinNYC said:

Interesting! 

 

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

Doubtful as USCIS would notice a massive overlap between both marriages indicating polygamy took place.   

[sharkfin07 16]

15 hours ago, Gulbalo said:

So you are saying that in accordance with US law, only the first wife is counted as wife NOT my biological mother.

 

So do you think that VISA for biological mother and father will be rejected and I will have to individual sponsor them again and indicate on their application that they are not married

hi, gulbalo

i have read the many opinions here re your parents' situation and the difficulties you might come across in re your intent to petition them under the family unification act.

while adjudicators are mandated to comply / follow the laws, in this case, the family unification /reunification act, the situation or circumstances of your parents pose a serious  challenge to adjudicators.

while our laws here consider as legal the marital practices in your country, the situation of your father crosses the lines drawn between monogamy and bigamy / polygamy in this country. it is, also, against public policy and customs. 

so even if the 1st wife, whether a legal one or not, certifies she is not interested to join nor live with her husband, your father, and your father certifies he won't practice polygamy, such assurances in paper are not worth anything because there is already defect in the persons themselves. 

what assurance is there for the adjudicator that your father won't go back to your country and sleep with the first wife, again? whether he will or not will be viewed as abuse on his part or abandonment of a first family. not something to be viewed very kindly by us, americans. nor will it be a credit to your father.

 

she has to be divorced, no matter the presence or absence of the marriage registration papers, and even if divorce does not look good or viewed kindly in your country and culture. if he does not, then he be accused of getting his cake and eating it too. if your father wants to immigrate to america he has to comply with the laws of this country.

 

but then, again, the marriage dates of your dad to the 2 women and divorce date will show that both women were his wife at some concurrent dates   

 

any fact or circumstance, on the part of the beneficiaries, that presents as problematic to the adjudicator, will now fall under his discretionary power.

adjudicators won't function as your lawyers to try to solve it for you, they  have the discretion to make whatever decision they think is  best for the country.

 

i hope this makes it clear that the person adjudicating your papers, has both mandatory and discretionary powers and this being the case, your parents' situation does not do them any good in his/her eyes.  your dad would look like he wants to have the best of both worlds. he has to make a choice according to the laws of this country

 

even a lawyer won't view this as a slam dunk of a case. may promise to do it for you but the outcome may not be to your expectations.

 

still i wish you good luck.