Help please-i130 F4

[Shahenaz 0]

Hello all

I am USC and doing i-130 for my brother. If is going to be long wait with F4. I need help with following things please;

He eloped in 2014 and Got married without informing any family and turns out girl was never good fit. So He did file Divorce in Indian court which as we know takes forever. In Feb 2016, he divorced a girl as per islamic shariah law but its still pending in court. All settlements are done, we just need to get divorce decree/certificate from court in next one or two hearings. But unfortunately, India is lockdown due to covud-19, and we don’t know when it will be open again. So my question is, in i130, his marital status should be divorced or seperated. If I choose divorced, it ask for marriage ended date which will be in certificate and thats not in hand yet.

on the pther hand, If i choose seperated, that girl is considered as his current spouse. So will she be included in this petition with my brother?

Another question is, he applied twice for visitors visa and denied. Do I need to mention that in i-130?

 Thank you 🙏🏻 in Advance 

[SusieQQQ 11,584]

Put whatever the current legal marital status is. If they are not yet legally divorced, they will be long before the case gets to visa stage, and the case can be updated to remove her when that happens. No need for you to worry about her getting a visa! It will probably be 20 years before he gets a visa, many other things could change by then too...new wife, children etc.  But it is important that you fill in the form accurately as of current date. He will be showing his marriage & divorce certificates when he eventually gets to interview and they will compare that with what is in the petition, as of date of petition. 

Edited June 2, 2020 by SusieQQQ

[sf786 22]

Thanks for your response 
Current status is they don’t live together anymore. Girl is already with someone else. And we will get divorce decree as soon as courts open in india after lockdown. What is a process to update divorce later if I choose separated now?

Edited June 3, 2020 by sf786

[SusieQQQ 11,584]

10 minutes ago, sf786 said:

Thanks for your response 
Current status is they don’t live together anymore. Girl is already with someone else. And we will get divorce decree as soon as courts open in india after lockdown. What is a process to update divorce later if I choose separated now?

I’m a little confused, do you have two usernames or are you another poster?

 

 

Living or not living together is not a legal status. Married or divorced legally is a legal status. In my understanding you can only use separated if they are legally separated, at least this is the case on other uscis forms, is there a court order of legal separation?

Can add or remove family members via CEAC page once case at NVC. Literally, just listing this person on a form does absolutely nothing for her. Even if he was still married to her in the 15-20 years when he eventually gets a visa he could just answer “no” to the question of if spouse is immigrating and leave her behind.

 

[sf786 22]

6 minutes ago, SusieQQQ said:

I’m a little confused, do you have two usernames or are you another poster?

 

 

Living or not living together is not a legal status. Married or divorced legally is a legal status. In my understanding you can only use separated if they are legally separated, at least this is the case on other uscis forms, is there a court order of legal separation?

Can add or remove family members via CEAC page once case at NVC. Literally, just listing this person on a form does absolutely nothing for her. Even if he was still married to her in the 15-20 years when he eventually gets a visa he could just answer “no” to the question of if spouse is immigrating and leave her behind.

 

I have only one username but display name is different and I signed in with gmail. Thats why its showing my name. We don’t have any court order and there is no documentation provided yet. Its not same in india as US.

[SalishSea 16,770]

18 minutes ago, sf786 said:

I have only one username but display name is different and I signed in with gmail. Thats why its showing my name. We don’t have any court order and there is no documentation provided yet. Its not same in india as US.

Like Susie said, it won't be an issue for at least 20 years.  A lot can change in 20 years - the visa category could even be eliminated by then.  All you can do is fill out the petition with today's accurate information.

[Villanelle 4,121]

42 minutes ago, sf786 said:

I have only one username but display name is different and I signed in with gmail. 

Im not sure what you mean by this. You have 2 accounts. One is the username sf786 https://www.visajourney.com/profile/164691-sf786/ the other is shahenaz. https://www.visajourney.com/profile/172446-shahenaz/  Looks like most of your content is under the sf786 name. You should contact a mod about deleting your other account because you can only have one account on VJ. 

[sf786 22]

Will look into it, I logged on after long time, so don’t remember exactly 

[Mollie09 1,543]

18 hours ago, Shahenaz said:

Hello all

I am USC and doing i-130 for my brother. If is going to be long wait with F4. I need help with following things please;

He eloped in 2014 and Got married without informing any family and turns out girl was never good fit. So He did file Divorce in Indian court which as we know takes forever. In Feb 2016, he divorced a girl as per islamic shariah law but its still pending in court. All settlements are done, we just need to get divorce decree/certificate from court in next one or two hearings. But unfortunately, India is lockdown due to covud-19, and we don’t know when it will be open again. So my question is, in i130, his marital status should be divorced or seperated. If I choose divorced, it ask for marriage ended date which will be in certificate and thats not in hand yet.

on the pther hand, If i choose seperated, that girl is considered as his current spouse. So will she be included in this petition with my brother?

Another question is, he applied twice for visitors visa and denied. Do I need to mention that in i-130?

 Thank you 🙏🏻 in Advance 

Mention the tourist visa denial if asked.

Add the spouse, since religious divorce isn't a legal divorce so she's still his spouse.

In 20 years when this is relevant you can update the information.

[Ban Hammer 12,835]

one post removed for hijacking, one removed for quoting.