I130 dependent

[JFH 12,189]

So, this begs the question as to whether you father still wants to come, given that he will have to leave his wives and son behind. 

[Boiler 43,434]

Just now, JFH said:

So, this begs the question as to whether you father still wants to come, given that he will have to leave his wives and son behind. 

And why wa this question not asked before the time and expense of a petition.

[SusieQQQ 11,584]

44 minutes ago, Boiler said:

Is there not an issue for him if he intends to carry on polygamous relationships?

 

 

That wasn’t my reading of it, he’s been separated from the first wife for a long time, sounds almost like they just didn’t bother to divorce because they didn’t need to legally. If it’s just second wife he wants to come there is a workaround.

 

Agree OP should have researched earlier that IR doesn’t have derivatives and father would have to sponsor his own family separateiy later. 

Edited May 2, 2020 by SusieQQQ

[Arm0035 0]

49 minutes ago, Boiler said:

Is there not an issue for him if he intends to carry on polygamous relationships?

 

No way he can petition second wife so that would need to be resolved, he could petition adult unmarried child, obviously long wait and child we need to remain single until he has obtained citizenship.

No regarding polygamous relationship, my parents legally seppeated ages ago. Since india allowed multiple marriages he never officially filled for divorce.

[Nitas_man 3,100]

1 hour ago, Arm0035 said:

No regarding polygamous relationship, my parents legally seppeated ages ago. Since india allowed multiple marriages he never officially filled for divorce.

I don’t think his second marriage would be considered valid for immigration purposes

[MlgSea 26]

2 hours ago, Arm0035 said:

No regarding polygamous relationship, my parents legally seppeated ages ago. Since india allowed multiple marriages he never officially filled for divorce.

"Legally separated" without having filed for divorce? What does that "legal separation" look like then..?

[SalishSea 16,770]

2 hours ago, Arm0035 said:

No regarding polygamous relationship, my parents legally seppeated ages ago. Since india allowed multiple marriages he never officially filled for divorce.

Doesn't matter.  Polygamy is illegal in the entire United States, and as a result, only your father's first marriage is recognized as being legitimate.  This would be until terminated - and any subsequent relationships are not considered legal marriages by the US USCIS/DOS until that time.

[SusieQQQ 11,584]

41 minutes ago, Jorgedig said:

Doesn't matter.  Polygamy is illegal in the entire United States, and as a result, only your father's first marriage is recognized as being legitimate.  This would be until terminated - and any subsequent relationships are not considered legal marriages by the US USCIS/DOS until that time.

Your phrasing makes it sound like all the father needs to do is divorce the first wife for the marriage to the second wife to be considered legal by US law  - I’m not sure if that’s what you meant, but the second marriage still wouldn’t be recognized if that was the case because it took place before legal termination ( as made clear in the USCIS extract posted on the previous page). My understanding is that he needs to divorce both wives legally there, and then remarry the second one (or in the eyes of US law, marry her legally for the first time). Legal advice was recommended. 

[geowrian 22,335]

1 minute ago, SusieQQQ said:

Your phrasing makes it sound like all the father needs to do is divorce the first wife for the marriage to the second wife to be considered legal by US law  - I’m not sure if that’s what you meant, but the second marriage still wouldn’t be recognized if that was the case because it took place before legal termination ( as made clear in the USCIS extract posted on the previous page). My understanding is that he needs to divorce both wives legally there, and then remarry the second one (or in the eyes of US law, marry her legally for the first time). Legal advice was recommended. 

Agreed.

I'm no expert in Indian marriage/divorce or Muslim marriage/divorce - let alone both of them together - but IIRC, that process may take quite a long time and have complications with the re-marriage to the 2nd wife. Something for the OP to consider at least...

Edited May 3, 2020 by geowrian

[SusieQQQ 11,584]

4 minutes ago, geowrian said:

Agreed.

I'm no expert in Indian marriage/divorce or Muslim marriage/divorce - let alone both of them together - but IIRC, that process may take quite a long time and have complications with the re-marriage to the 2nd wife. Something for the OP to consider at least...

Yeah I don’t know either but really it just needs to be done legally/civilly, hopefully that’s a fairly straightforward process. The religious situation can stay as is. Wouldn’t be the first case I know of where the civil/legal marriage status differs from the religious one (although the ones I know are in different countries, but same idea, legal divorce but not religious).

[SalishSea 16,770]

8 minutes ago, SusieQQQ said:

Your phrasing makes it sound like all the father needs to do is divorce the first wife for the marriage to the second wife to be considered legal by US law  - I’m not sure if that’s what you meant, but the second marriage still wouldn’t be recognized if that was the case because it took place before legal termination ( as made clear in the USCIS extract posted on the previous page). My understanding is that he needs to divorce both wives legally there, and then remarry the second one (or in the eyes of US law, marry her legally for the first time). Legal advice was recommended. 

Not what I meant at all.  I meant that no marriage would be legal unless entered into after a legal divorce.  And because the second one clearly took place before any type of divorce from the first, it is not legal for US immigration.

[SusieQQQ 11,584]

1 minute ago, Jorgedig said:

Not what I meant at all.  I meant that no marriage would be legal unless entered into after a legal divorce.  And because the second one clearly took place before any type of divorce from the first, it is not legal for US immigration.

Yup..op already acknowledged that previously after discussion on first page..l think he was just continuing to answer questions

Edited May 3, 2020 by SusieQQQ