Serious situation and need every advice possible please

[pushbrk 12,105]

10 hours ago, abumiqdad said:

a lot of countries where the majority of the citizens/residents are Muslims/follower of Islam, recognize polygamous marriage, up to 4 wives at the same time. 

And the marriages are considered legal and binding (with inheritance). I believe the late King Abdullah of Saudi were married to 4 wives at the time of his departure. So i wonder how USA deals with that...

The US does not recognize any wife except the first.  However, if you have two wives and divorce the first, the second is still your one and only legal wife.  If you marry an American under these circumstances, your visa will be denied, the petition returned to USCIS and they will ultimately revoke the approval of the petition based on the fact you were not free to marry.  You've actually committed the crime of "bigamy", for which, in your case, the consequence is you and your American have no avenue to be together in the USA, ever.  This kind of lie is very likely to carry with it a lifetime ban from US entry.

[Going through 5,668]

10 hours ago, abumiqdad said:

a lot of countries where the majority of the citizens/residents are Muslims/follower of Islam, recognize polygamous marriage, up to 4 wives at the same time. 

And the marriages are considered legal and binding (with inheritance). I believe the late King Abdullah of Saudi were married to 4 wives at the time of his departure. So i wonder how USA deals with that...

In the US, and for immigration purposes, USCIS does not recognize polygamous marriages.

 

"However, if a marriage is valid in the country where celebrated but considered offensive to public policy of the United States, it will not be recognized as valid for immigration purposes. Plural marriages fall within this category."    

 

 https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-3481/0-0-0-4484.html            

 

[Abdullah T 3]

55 minutes ago, pushbrk said:

The US does not recognize any wife except the first.  However, if you have two wives and divorce the first, the second is still your one and only legal wife.  If you marry an American under these circumstances, your visa will be denied, the petition returned to USCIS and they will ultimately revoke the approval of the petition based on the fact you were not free to marry.  You've actually committed the crime of "bigamy", for which, in your case, the consequence is you and your American have no avenue to be together in the USA, ever.  This kind of lie is very likely to carry with it a lifetime ban from US entry.

there is no bigamy in my case, my daughter is from an ex-wife and my petitioner is my American and only wife

41 minutes ago, Going through said:

In the US, and for immigration purposes, USCIS does not recognize polygamous marriages.

 

"However, if a marriage is valid in the country where celebrated but considered offensive to public policy of the United States, it will not be recognized as valid for immigration purposes. Plural marriages fall within this category."    

 

 https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-3481/0-0-0-4484.html            

 

there is no bigamy in my case, my daughter is from an ex-wife and my petitioner is my American and only wife

[pushbrk 12,105]

1 minute ago, Abdullah T said:

there is no bigamy in my case, my daughter is from an ex-wife and my petitioner is my American and only wife

there is no bigamy in my case, my daughter is from an ex-wife and my petitioner is my American and only wife

It's your second wife, to whom you are still married, right?  Or am I confused?

 

[Going through 5,668]

1 minute ago, Abdullah T said:

there is no bigamy in my case, my daughter is from an ex-wife and my petitioner is my American and only wife

there is no bigamy in my case, my daughter is from an ex-wife and my petitioner is my American and only wife

I didn't say there was,  I was responding to someone else who asked how US law looks at polygamous marriages.  

[abum 324]

2 minutes ago, Abdullah T said:

there is no bigamy in my case, my daughter is from an ex-wife and my petitioner is my American and only wife

there is no bigamy in my case, my daughter is from an ex-wife and my petitioner is my American and only wife

then you have to get a lawyer to explain to USCIS why you failed to disclose that fact you had a child from previous marriage.

[Abdullah T 3]

Just now, pushbrk said:

It's your second wife, to whom you are still married, right?  Or am I confused?

 

 

Just now, pushbrk said:

It's your second wife, to whom you are still married, right?  Or am I confused?

 

yes

[Going through 5,668]

7 minutes ago, abumiqdad said:

then you have to get a lawyer to explain to USCIS why you failed to disclose that fact you had a child from previous marriage.

A lawyer, even if present during the interview, is not allowed to answer any questions or explain anything on the applicant's behalf during the interview.   They can only sit there silently for moral support, really.  And, really, how would a lawyer explain away the applicant signing a document swearing it's the truth when it wasn't?

 

The applicant would have to answer the IO's questions themselves as to the failure to disclose the child on the application or any other red flag that appears.  However, I suppose the lawyer could counsel the OP beforehand on *how* to answer certain questions when it arises during the interview.  OP's interview is sometime this week, I believe?

Edited September 25, 2017 by Going through

[jayjayj 571]

22 hours ago, Abdullah T said:

Dears,

I have a serious situation and need every advice possible please

My wife petitioned for me IR1 visa and the case was approved by both USCIS and NVC this process was done through a law office in the states. My interview is after one week from now

I have a daughter from a second previous marriage that was terminated a year and a half ago that I didn’t list on any of my paperwork based on the advice of my lawyer he told I can petition for her after I finish my case

All along the process, I was not feeling comfortable at all about not listing my daughter on my paperwork, I decided to contact another lawyer who’s a relative of my good friend and he told me I was misled by the first layer and I should have listed her from the very beginning in all my paperwork.

 He told me that since I am at the interview stage the only way to correct this mistake is to bring it up to the counselor during my interview which I decided to do so

My questions are:

1.       What do you think will happen? Would they understand my situation and allow me to do the corrections on my DS-260? Can they actually unlock it?

2.       If they do so, what’s the process? and how long does it take?

3.       Would they withdraw my application so I can apply again from the beginning with the corrections?

 

God is my witness this was a honest mistake and I was totally mislead by my first lawyer, he also did other mistakes during the process including my name and my nationality

Looking forward for your kind advice

Thank you

 

That one word created a lot the confusion, especially considering you are from a country that does allow "second" marriages.

 

Just for clarity though, did you list your previous marriage on the forms?  

Edited September 25, 2017 by jayjayj

[Abdullah T 3]

22 minutes ago, jayjayj said:

 

That one word created a lot the confusion, especially considering you are from a country that does allow "second" marriages.

 

Just for clarity though, did you list your previous marriage on the forms?  

My apologies about the misunderstanding 

I didn’t list the previous marriage and my daughter on the forms 

[jayjayj 571]

3 minutes ago, Abdullah T said:

My apologies about the misunderstanding 

I didn’t list the previous marriage and my daughter on the forms 

Oh, I was hoping you were not going to say that.  Knowingly omitting information (previous marriage) on immigration forms is considered fraud and normally results in a lifetime ban.  You're about to get a lot of replies to this thread.

[Boiler 43,426]

7 minutes ago, Abdullah T said:

My apologies about the misunderstanding 

I didn’t list the previous marriage and my daughter on the forms 

Why not?

[Abdullah T 3]

10 minutes ago, Boiler said:

Why not?

This is what my lawyer adviced me 

[Boiler 43,426]

Makes no sense, I find it hard to believe any lawyer would tell you to lie about such basic information, what else did the lawyer tell you to lie about?

[SaRy 73]

So just to make things clear:

 

1) First marriage ended with a divorce,

 

2) Second marriage (+ child) also ended with a divorce,

 

3) Third marriage is now with an American citizen.

However, you only declared your 1st marriage and divorce, but not your 2nd marriage with child and divorce.