polygamy I-130 Denied after RFE

[Needhelp2020 0]

Hello Dear friends,

Need your help.I am US permanent resident card holder from Pakistan.I applied I-130 for my wife last year and 6 months ago i received RFE and I did submit all required documents with one week.

after long wait I received letter yesterday that my application is denied and I can file appeal within 30 days if I want.

 

Reason and little background:I was married in Pakistan with 2 wives(which is legal in Pakistan BUT not in USA) my first wife passed away in 2014 and now I have only 1 wife and we are living together.I have mentioned everything in I-130 with detailed explanation letter with all documents including death certificate of my first wife.

I sent death certificate and other required documents they ask me to submit in the part of RFE with explanation letter but after 6 months I received denial letter.

I know polygamy is illegal in USA but currently I have only 1 wife  is it still not acceptable to bring my wife USA? 
 

If someone can help me with this situation what to do? Is it impossible to bring my wife or any one gone through same situation?

any quick response or urgent help will be appreciated since I have only 30 days to appeal against the denial.

 

thanks 

 

[Crazy Cat 39,389]

When did you marry wife #2? 

Edited November 7, 2020 by Lucky Cat

[JeanneAdil 6,221]

Only the 1st marriage would be a legal marriage by immigration so which wife is still alive

If it is your second wife,  it will not be considered a legal marriage

[SalishSea 16,826]

20 minutes ago, Needhelp2020 said:

I know polygamy is illegal in USA but currently I have only 1 wife  is it still not acceptable to bring my wife USA? 

Nope.  If you married her while married to someone else, it is not considered a legal marriage.

 

Appealing will be a waste of time.  If you still want to petition her, you need to marry her properly and start over.

Edited November 7, 2020 by Jorgedig

[JeanneAdil 6,221]

2 minutes ago, Jorgedig said:

Nope.  If you married her while married to someone else, it is not considered a legal marriage.

 

Appealing will be a waste of time.  If you still want to petition her, you need to marry her properly and start over.

and you will need to provide a valid death certificate of the 1st wife for a new CR1 after you remarry the 2nd one

[Crazy Cat 39,389]

Agree with commenters.  It sounds like OP is not legally married....

[NikLR 13,220]

~~moved to bringing family of LPR to the USA from IR1/CR1 process and procedures ~~

[SusieQQQ 11,584]

Yes as above: if you married your second wife while your first wife was still alive, then the marriage is not considered valid by the US. 

[Crazy Cat 39,389]

57 minutes ago, Needhelp2020 said:

Hello Dear friends,

Need your help.I am US permanent resident card holder from Pakistan.I applied I-130 for my wife last year and 6 months ago i received RFE and I did submit all required documents with one week.

after long wait I received letter yesterday that my application is denied and I can file appeal within 30 days if I want.

 

Reason and little background:I was married in Pakistan with 2 wives(which is legal in Pakistan BUT not in USA) my first wife passed away in 2014 and now I have only 1 wife and we are living together.I have mentioned everything in I-130 with detailed explanation letter with all documents including death certificate of my first wife.

I sent death certificate and other required documents they ask me to submit in the part of RFE with explanation letter but after 6 months I received denial letter.

I know polygamy is illegal in USA but currently I have only 1 wife  is it still not acceptable to bring my wife USA? 
 

If someone can help me with this situation what to do? Is it impossible to bring my wife or any one gone through same situation?

any quick response or urgent help will be appreciated since I have only 30 days to appeal against the denial.

 

thanks 

 

Still waiting far an answer.  When did you marry wife #2?  Before or after your first wife passed away?

[aaron2020 11,651]

6 minutes ago, Lucky Cat said:

Still waiting far an answer.  When did you marry wife #2?  Before or after your first wife passed away?

OP wouldn't be talking about polygamy if he married his 2nd wife after his 1st wife died.  Polygamy by definition means he was married to both at the same time.  Polygamy wouldn't be an issue if he married his 2nd wife after becoming a widow.  

OP's marriage is valid because it's legal where it occurred.

For immigration purposes, his 2nd marriage is not recognized for an immigration benefit.  

OP, you will need to retain an immigration attorney who is knowledgeable in this area.  You may need to get divorced and remarry.  

[Crazy Cat 39,389]

1 minute ago, aaron2020 said:

OP wouldn't be talking about polygamy if he married his 2nd wife after his 1st wife died.  Polygamy by definition means he was married to both at the same time.  Polygamy wouldn't be an issue if he married his 2nd wife after becoming a widow.  

OP's marriage is valid because it's legal where it occurred.

For immigration purposes, his 2nd marriage is not recognized for an immigration benefit.  

OP, you will need to retain an immigration attorney who is knowledgeable in this area.  You may need to get divorced and remarry.  

I think you are correct.  just need complete transparency and clarity.....

[Needhelp2020 0]

18 minutes ago, Lucky Cat said:

Still waiting far an answer.  When did you marry wife #2?  Before or after your first wife passed away?

Thanks.

Before her death.

1 hour ago, Lucky Cat said:

When did you marry wife #2? 

One year after marrying first.

[Crazy Cat 39,389]

Just now, Needhelp2020 said:

Thanks.

Before her death.

Then the marriage is not recognized in the US.....thus, there are no grounds for an I-130.

[SteveInBostonI130 3,328]

1 minute ago, Needhelp2020 said:

Thanks.

Before her death.

That is why you were denied.

 

In the US, your second marriage was deemed illegitimate.  Even with your first wife deceased, your second wife is still not considered your wife by USCIS.  You will need to divorce and marry her again if you want to pursue the spouse visa path for her.

 

[Needhelp2020 0]

11 minutes ago, aaron2020 said:

OP wouldn't be talking about polygamy if he married his 2nd wife after his 1st wife died.  Polygamy by definition means he was married to both at the same time.  Polygamy wouldn't be an issue if he married his 2nd wife after becoming a widow.  

OP's marriage is valid because it's legal where it occurred.

For immigration purposes, his 2nd marriage is not recognized for an immigration benefit.  

OP, you will need to retain an immigration attorney who is knowledgeable in this area.  You may need to get divorced and remarry.  

So since my first wife is no longer alive can I remarry my second wife and apply I-130 again?

Is that possible?

1 minute ago, SteveInBostonI130 said:

That is why you were denied.

 

In the US, your second marriage was deemed illegitimate.  Even with your first wife deceased, your second wife is still not considered your wife by USCIS.  You will need to divorce and marry her again if you want to pursue the spouse visa path for her.

 

Thanks for the quick and detailed answer.