pm5k

Oh boy....
 
Well, to start: https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Pakistan.html
 
Divorce Certificates
Available
Fees:  Fees vary by location.
Document Name:  Khula, Talaq, and Divorce Certificate
Issuing Authority:  Union Council
Special Seal(s) / Color / Format: This varies by location.
Issuing Authority Personnel Title: The Chairman of the Union Council, who also often serves as the Head of the Arbitration Council.
Registration Criteria:  Pakistani divorce laws for Muslims are governed by the Muslim Family Laws Ordinance (MFLO).  While the laws are complicated, all procedures set forth by the MFLO must be followed for divorces to be recognized for immigration purposes.  In general, couples seeking a divorce must submit a written notification to the Union Council of the wife’s residence, after which an Arbitration Council is formed to foster reconciliation between both parties over a 90-day period.  A divorce is finalized if the couple fails to reconcile at the end of this 90-day period.  (For more information on the process, see “Procedure for Obtaining” below.)
Procedure for Obtaining:  Muslim divorces in Pakistan are subject to arbitration, and the process of divorce differs depending on whether it is initiated by the husband (Talaq) or the wife (Khula).  For men initiating a divorce, husbands must verbally “divorce” their wife by pronouncing ‘talaq.’  As soon as possible, the divorcing husband must then give written notification to the Union Council where the wife resides or where the wedding took place.  Within 30 days of receipt of the notice of Talaq, the Union Council Chairman must constitute an Arbitration Council in order to see if reconciliation is possible between the husband and wife.  After the Council convenes, it must issue notices to both parties every month for three months in an attempt to foster reconciliation.  After three months (90 days), either party may request a failure of reconciliation certificate from the Union Council/Arbitration Council, upon which date the divorce is considered final and valid.  (For more information, refer to Section 7 of the MFLO.)
 
 
 
Unfortunately, what the officer has mentioned is true.  In Pakistan, a divorce is not valid until 90 days have passed after the date of notification.  The vast majority of Pakistanis themselves are not aware of this, and simply assume that the date of notification is the date of the divorce.  Heck, many Pakistani lawyers even mess this up (I know someone who went to a lawyer, and the lawyer literally made the same mistake).  The actual divorce process in Pakistan requires 90 days, and is described in the Muslim Family Laws Ordinance 1961.  If you look at old USCIS decisions , this situation has come up before (https://www.justice.gov/sites/default/files/eoir/legacy/2012/08/17/2222.pdf)  So it is highly unlikely that USCIS/NVC/The US government will overlook this and accept that your marriage is valid. 
 
Some more detail about how this happened:  You mentioned that you got divorced on Dec 03, 2019.  This divorce would not be finalized under Pakistani law until, at the earliest, March 3, 2020 (the law says that 90 days must pass, so the divorce is valid on the 91st day).  You got married on January 14, 2020, which means that you were technically still married to your first wife.  Your marriage may be valid under Pakistani law since Pakistani law allows a husband to have multiple wives, but the US does not recognize multiple marriages and therefore your second marriage is technically not valid under US law.  Your second marriage would only be valid if you got married on/after March 3, 2020.  Again, while most Pakistanis would accept that you were divorced, legally you were not.
 
Your child was born Oct 10, 2020.  Since your first marriage was in effect at the time of your second marriage, your second marriage was invalid under US law (not Pakistani law).  Your child would technically be born out of wedlock under US law but not Pakistani law. 
 
You have two issues that you need to address here:
1.  Validity of your marriage 
2.  Citizenship status of your child
 
Regarding #1 above - you will need to legally remarry your wife.  New nikah nama, marriage certificate, etc.  This is simply a legal procedure that you need to follow given your situation.  And no, she does not need to marry someone again to make her marriage to you valid.  Under US law, your marriage to her is not valid, so you have to get married again as if it were your first marriage.  This was even suggested in the case above.  You do not need to divorce your wife.  All you need to do is get a new nikah nama, and register your marriage again.  That's all.  If you have submitted an I-130 petition, you will probably have to submit a new one with the new documents.  You will probably also need to write something up explaining that you did not know that your divorce was not valid. 
 
Regarding #2 above - your child was born in Pakistan, and is therefore a citizen of Pakistan (Pakistan has birthright citizenship, and the child would also inherit citizenship from the mother).  You may still be able to transmit citizenship to your child via the process for US father + nonUS mother + out of wedlock:  https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Acquisition-US-Citizenship-Child-Born-Abroad.html
 
Option 2 - you may be able to follow this procedure:
 
 
 

Oh boy....
 
Well, to start: https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Pakistan.html
 
Divorce Certificates
Available
Fees:  Fees vary by location.
Document Name:  Khula, Talaq, and Divorce Certificate
Issuing Authority:  Union Council
Special Seal(s) / Color / Format: This varies by location.
Issuing Authority Personnel Title: The Chairman of the Union Council, who also often serves as the Head of the Arbitration Council.
Registration Criteria:  Pakistani divorce laws for Muslims are governed by the Muslim Family Laws Ordinance (MFLO).  While the laws are complicated, all procedures set forth by the MFLO must be followed for divorces to be recognized for immigration purposes.  In general, couples seeking a divorce must submit a written notification to the Union Council of the wife’s residence, after which an Arbitration Council is formed to foster reconciliation between both parties over a 90-day period.  A divorce is finalized if the couple fails to reconcile at the end of this 90-day period.  (For more information on the process, see “Procedure for Obtaining” below.)
Procedure for Obtaining:  Muslim divorces in Pakistan are subject to arbitration, and the process of divorce differs depending on whether it is initiated by the husband (Talaq) or the wife (Khula).  For men initiating a divorce, husbands must verbally “divorce” their wife by pronouncing ‘talaq.’  As soon as possible, the divorcing husband must then give written notification to the Union Council where the wife resides or where the wedding took place.  Within 30 days of receipt of the notice of Talaq, the Union Council Chairman must constitute an Arbitration Council in order to see if reconciliation is possible between the husband and wife.  After the Council convenes, it must issue notices to both parties every month for three months in an attempt to foster reconciliation.  After three months (90 days), either party may request a failure of reconciliation certificate from the Union Council/Arbitration Council, upon which date the divorce is considered final and valid.  (For more information, refer to Section 7 of the MFLO.)
 
 
 
Unfortunately, what the officer has mentioned is true.  In Pakistan, a divorce is not valid until 90 days have passed after the date of notification.  The vast majority of Pakistanis themselves are not aware of this, and simply assume that the date of notification is the date of the divorce.  Heck, many Pakistani lawyers even mess this up (I know someone who went to a lawyer, and the lawyer literally made the same mistake).  The actual divorce process in Pakistan requires 90 days, and is described in the Muslim Family Laws Ordinance 1961.  If you look at old USCIS decisions , this situation has come up before (https://www.justice.gov/sites/default/files/eoir/legacy/2012/08/17/2222.pdf)  So it is highly unlikely that USCIS/NVC/The US government will overlook this and accept that your marriage is valid. 
 
Some more detail about how this happened:  You mentioned that you got divorced on Dec 03, 2019.  This divorce would not be finalized under Pakistani law until, at the earliest, March 3, 2020 (the law says that 90 days must pass, so the divorce is valid on the 91st day).  You got married on January 14, 2020, which means that you were technically still married to your first wife.  Your marriage may be valid under Pakistani law since Pakistani law allows a husband to have multiple wives, but the US does not recognize multiple marriages and therefore your second marriage is technically not valid under US law.  Your second marriage would only be valid if you got married on/after March 3, 2020.  Again, while most Pakistanis would accept that you were divorced, legally you were not.
 
Your child was born Oct 10, 2020.  Since your first marriage was in effect at the time of your second marriage, your second marriage was invalid under US law (not Pakistani law).  Your child would technically be born out of wedlock under US law but not Pakistani law. 
 
You have two issues that you need to address here:
1.  Validity of your marriage 
2.  Citizenship status of your child
 
Regarding #1 above - you will need to legally remarry your wife.  New nikah nama, marriage certificate, etc.  This is simply a legal procedure that you need to follow given your situation.  And no, she does not need to marry someone again to make her marriage to you valid.  Under US law, your marriage to her is not valid, so you have to get married again as if it were your first marriage.  This was even suggested in the case above.  You do not need to divorce your wife.  All you need to do is get a new nikah nama, and register your marriage again.  That's all.  If you have submitted an I-130 petition, you will probably have to submit a new one with the new documents.  You will probably also need to write something up explaining that you did not know that your divorce was not valid. 
 
Regarding #2 above - your child was born in Pakistan, and is therefore a citizen of Pakistan (Pakistan has birthright citizenship, and the child would also inherit citizenship from the mother).  You may still be able to transmit citizenship to your child via the process for US father + nonUS mother + out of wedlock:  https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Acquisition-US-Citizenship-Child-Born-Abroad.html
 
Option 2 - you may be able to follow this procedure:
 
 
 

Asking for a few friends who are in this situation.  In each of these cases, the LPR has been married (and still is married) to a US citizen, for over five years, so technically they would qualify to naturalize under the five year rule (five years as an LPR), or the three year rule (3 years as an LPR married to a USC who was a USC for those three years)
 
A few questions:
 
1. If one qualifies to naturalize under the five year rule and the three year rule, is there any requirement to choose one of the the other?
 
2. If a person frequently traveled outside the US during the first year or two of marriage, but then stayed mostly within the US for the final three years, can they apply under the three year rule? (i.e. - physical presence met for three year INA 319, but not five year INA 316)
 
3. If a person rarely traveled during the first three or four years, but traveled a lot during the last year or two, can they apply under the five year rule if their total time outside the US was less than half of the five years?  (i.e. - physical presence rule met for under five year INA 316, but not three year INA 319) 
 
4.  In a few cases, the LPR immigrated as a spouse of an LPR.  Since this person's USC spouse has been a USC for more than three years, can this person naturalize under the 3 years rule, or must they naturalize under the 5 year rule?
 
5.  Just to confirm - physical presence needs to be half of the time in the US right?  i.e. 1.5 years if applying under the 3 year rule, and 2.5 years if applying under the 5 year rule.
 
Thanks!

There was someone who did this to prove lack of income for ACA purposes, so this is certainly possible.  

.
Isn't the embassy closed? 

To the Original Poster.. If you naturalize in the U.S. you do not jeopardize your Canadian citizenship. Canada allows dual citizenship so the act of you naturalizing in the U.S. does not jeopardize that at all. If you happen to come from a country that does not allow dual citizenship like, Japan, Philippines, then when you take the oath of allegiance and complete the naturalization process you have lost the citizenship of your former country because they will no longer consider you a citizen upon naturalization in the U.S. For a green card holder here in the U.S. from countries like Japan and the Philippines if they go to their consulate here to renew their passport the consulate will ask to see their green card and when they cannot produce that green card because USCIS took it during the naturalization process, that is how those countries that don't allow dual citizenship keep their checks and balances and are able to find out that their citizens have naturalized in another country. So when a Filipino citizens naturalizes in the U.S. the consulate will find out when they go to renew their passport and they cannot produce their green card to show the consulate because they have naturalized and have a naturalization certificate. Then the Filipino consulate will refuse to issue their passport and notify them that they are no longer a citizen of the Philippines.
So, because Canada doesn't care if you naturalize you will not have renounced your Canadian citizenship unless you sign renunciation papers at your local Canadian consulate and tell them you don't want to be a citizen anymore and turn in your passport to them. There is an actual renunciation process that you have to go through with your own country in order to renounce if you come from a country that does not care one way or the other if you naturalize.
So if you naturalize in the U.S you would always maintain two passports and when you go abroad outside of the U.S. to visit someplace you enter those countries on whatever passport is more advantageous to you, but when you come back into the U.S. you will always and forever present your U.S. Passport for inspection at any border or port of entry. You would never again show your Canadian passport to a U.S. Immigration official at any border or port when you are coming back in once you have naturalized.
Technically the U.S. doesn't allow dual citizenship for their citizens under most circumstances and there is always a fine line between that. The U.S. recognizes that many people naturalize here and are allowed to retain their citizenship from their other country if that country allows them to. When you naturalize in the U.S. our office has no legal right to confiscate your Canadian passport from you as that is property of the Canadian government, the only time Immigration is allowed to confiscate a passport from someone is if they are in the process of deporting a criminal and they are securing their travel document to effect the removal.
Many people born in the U.S. are born dual citizens and they have 2nd citizenship through direct blood/lineage from one of their parents that was still a citizen of another country at the time of their birth here in the U.S. so some people here are born citizens and then also hold another citizenship and that is allowable. Then there are many people that naturalize in the U.S. and they come from countries that allow dual citizenship so even though they take our oath of allegiance and they are telling us in that oath that they "Absolutely end entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state or sovereignty to whom or which they have heretofore been a subject or citizen"...etc.... you are not really renouncing that citizenship unless you would go to your countries consulate and sign renunciation papers to that country and turn in your passport to them, you have not really renounced.
I hope this information is helpful, I am an Immigration Officer with USCIS for the past 20 years now, I spent 10 years interviewing in our Citizenship branch and the derivative U.S. citizenship is my specialty and my geek thing for the past 14 years.. I love my job and I actually just discovered this message board today through something on FB. I know that many of my fellow co-workers will refuse to admit to the people that they interview that you are able to retain your citizenship from the country you are from if that country allows you to have dual citizenship, and Canada and the U.K, and many other countries allow dual citizenship. Many USCIS officers can be really militant about that and will refuse to tell you during the interview process that you are allowed to retain your citizenship from your country if they allow you to, many have the mindset that once you naturalize here they don't want you thinking that you can still retain your previous citizenship. I've heard the way some of them talk to applicants in their office and that always got me angry because they are not telling them the truth.
We have books at work that have a list of many of the countries and it tells us if that country allows dual citizenship or not, and it's very easy to find out, just call your countries consulate here in the U.S. and ask them.

There is much confusion regarding this.
In Pakistan, the Islamic Marriage document (Nikah Nama - "marriage contract") is also the legal marriage document for Muslims.  
The Pakistani divorce document is finalized after three months, which is also the Islamic divorce procedure (the civil law of Pakistan is based on the religious law in this case)
 
What commonly happens is:
1. Person informally (verbally, or on a notarized affidavit) divorces someone.   They believe that being in Pakistan, this informal divorce is equivalent to legal divorce.  
2. This misunderstanding is so common that marriage registrars, civil registrars, and even lawyers believe this to be true, and have no issues solemnizing a subsequent marriage.  The fact that polygamy is allowed also makes this less of a concern.
 
Solution:
1.  Person needs to remarry, again, after the divorce is finalized.  The full three months (90 days) must be between the date of initiation of divorce filings and date of effectiveness of divorce (as shown on the legal certificate)
 
There was recently a case (one can search USCIS non-precedant decisions) regarding this.  The beneficiary was informally divorced, and got married.  Petitioner submitted an application, but it was denied.  Beneficiary even said that they truly thought they were divorced, but USCIS denied the petition stating that the beneficiary was "not free to marry" 

https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Kyrgyzstan.html
 
Police Certificates
Available
Fees: 250 Kyrgyz Soms.
Document Name: Spravka o nalichii sudimosti (in Russian: Справка о наличии судимости).
Issuing Authority: Main Department of Information Technologies, Ministry of Internal Affairs.
Special Seal(s) / Color / Format: Round Dark Blue Seal/Half-sheet paper format.
Issuing Authority Personnel Title: Attested by Head of the Department.
Registration Criteria: Kyrgyz citizens and foreigners who had lived in the Kyrgyz Republic previously may file a written request to obtain a police certificate.
Procedure for Obtaining: Applicant should file a written request and pay the fees. A police certificate is ready within 1 day.
Certified Copies Available: Certified copies are available.
Alternate Documents: There are no alternate documents.
Exceptions: None.
Comments: None.
 
Court/Prison Records
Available
Fees: Free of charge.
Document Name: Kopiia reshenia suda (In Russian: Копия решения суда).
Issuing Authority: District Court archive.
Special Seal(s) / Color / Format: Round Dark Blue Seal.
Issuing Authority Personnel Title: Court Chancery.
Registration Criteria: This is not applicable.
Procedure for Obtaining: The applicant needs to file a written request to the District Court that made the judgment.
Certified Copies Available: Yes, there are certified copies.
Alternate Documents: There are no alternate documents.
Exceptions:  None.
Comments: None.

I just helped a relative apply for insurance on the marketplace.  I can confirm that the SS# is NOT REQUIRED.  The application went through, cards have arrived in the mail.  
 
The people on the phone are not always correct.  They said that my relative would not get a subsidy, but they ended up getting a significant one.  
 
If you have your NOA1, you can use that as proof of immigration status when applying.  
I can confirm.  I added my spouse to my BCBC insurance without a SS# and had no issues.  

I just helped a relative apply for insurance on the marketplace.  I can confirm that the SS# is NOT REQUIRED.  The application went through, cards have arrived in the mail.  
 
The people on the phone are not always correct.  They said that my relative would not get a subsidy, but they ended up getting a significant one.  
 
If you have your NOA1, you can use that as proof of immigration status when applying.  
I can confirm.  I added my spouse to my BCBC insurance without a SS# and had no issues.  

NONE require it.  It is NOT required by law.

Op, UK allows dual citizenship, Period.
https://www.gov.uk/dual-citizenship
"Dual citizenship (also known as dual nationality) is allowed in the UK. This means you can be a British citizen and also a citizen of other countries.
You do not need to apply for dual citizenship. You can apply for foreign citizenship and keep your British citizenship"
 
The US on the other hand has no law recognizing or prohibiting dual citizenship.
https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/Advice-about-Possible-Loss-of-US-Nationality-Dual-Nationality/Dual-Nationality.html
"U.S. law does not mention dual nationality or require a person to choose one nationality or another. A U.S. citizen may naturalize in a foreign state without any risk to his or her U.S. citizenship."
 
 
--->
The citizenship oath is technically called 'Naturalization Oath of Allegiance':
"I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by the law; that I will perform noncombatant service in the Armed Forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely, without any mental reservation or purpose of evasion; so help me God."
 
As a matter of debate, do people really lose their citizenship by reciting the oath of allegiance? It appears to be the renunciation of allegiance to a foreign country and not the renunciation of citizenship to a foreign country.
 
PS: Just playing devil's advocate😉.

Administrative action has been applied against a member who wantonly posted incorrect/reckless advice, defended the indefensible, and derided other members by clicking "haha" icons on posts with correct information.
 
OP, heed every other poster in this thread except for the obvious one.
 
TBoneTX
VJ Moderation

Provide a copy of your urdu Nika namaA copy of your nikah nama english translation
And a copy of your nadra marriage certificate

Thanks, this helps a lot!

It's amusing that people think it's required, but it's not. You can thank the ACA law itself for that.
 
Your SSN is a private number, while it may be demanded by certain institutions, a person reserves the right to keep that number confidential at all times. The only person who truly has a right to request the number is the IRS itself. Which brings me to rules the regulations via the IRS here: https://www.irs.gov/affordable-care-act/questions-and-answers-about-reporting-social-security-numbers-to-your-health-insurance-company
 
 
The ACA documentation handbook guides also instructs the individual helping you sign up in several ways if the individual does not have an SSN, just as any other insurance agency does. Whether via ignorance of the law or intentional obstruction I don't know, but what I do know is, it is a regular and common enough problem that insurance agents should know better. It's been covered on the news, where persons have been wrongfully denied coverage and when CEOs are confronted they will immediately apologize.
 
The problem is in the 1095-B, a document in which the SSNs must be reported to the IRS (of course if they'd only read the instructions they'd see other ways to honor it). Under the law the agency must make good faith attempts, to request the number from the individual at various times. At no point can the individual be coerced, threatened, or denied coverage for not providing it. If the individual still doesn't provide it, then the agency has honored their agreement. If the IRS for some reason wants to know the number directly (because they can't figure out who you are for some weird reason) they are the only ones who may ask you. It makes little difference if you are an immigrant that doesn't have the number yet, or you have it and just don't feel like giving it out.
 
There are hundreds of insurance polices out there. They all say more or less the same thing in the manual. As for the ACA, when you sign up, I admit that you are dealing with a government entity - therefore there is more red-tape for immigrant when applying. For instance you need to provide immigration documents as to your legality, whereas buying via an agency privately (the same ones on the ACA website no less) will ask little questions of you. Neveretheless the rules regarding an SSN are the same. It is not a requirement by law. It's a regular occurrence on this forum to hear stories of immigrants and their USC spouses having to fight this issue.
 

A 40+ year old woman, who has adult children, petitioning a mid-20s age male from Pakistan would definitely raise flags.  As the previous post states, this type of relationship would generally not happen in Pakistan on its own.A 40+ year old woman, who has adult children, petitioning a mid-20s age male from Pakistan would definitely raise flags.  As the previous post states, this type of relationship would generally not happen in Pakistan on its own.

A 40+ year old woman, who has adult children, petitioning a mid-20s age male from Pakistan would definitely raise flags.  As the previous post states, this type of relationship would generally not happen in Pakistan on its own.A 40+ year old woman, who has adult children, petitioning a mid-20s age male from Pakistan would definitely raise flags.  As the previous post states, this type of relationship would generally not happen in Pakistan on its own.

A 40+ year old woman, who has adult children, petitioning a mid-20s age male from Pakistan would definitely raise flags.  As the previous post states, this type of relationship would generally not happen in Pakistan on its own.A 40+ year old woman, who has adult children, petitioning a mid-20s age male from Pakistan would definitely raise flags.  As the previous post states, this type of relationship would generally not happen in Pakistan on its own.

A 40+ year old woman, who has adult children, petitioning a mid-20s age male from Pakistan would definitely raise flags.  As the previous post states, this type of relationship would generally not happen in Pakistan on its own.A 40+ year old woman, who has adult children, petitioning a mid-20s age male from Pakistan would definitely raise flags.  As the previous post states, this type of relationship would generally not happen in Pakistan on its own.

NADRA marriage certificates simply prove the marriage was registered.  It is not the full marriage contract, only proof of registration.  They do not have any information or details regarding the mahr (dower), marriage terms, or details such as this.  

As others have mentioned, there is no extra cost associated with the K3, so there is no harm in trying.

As others have mentioned, there is no extra cost associated with the K3, so there is no harm in trying.

Status Update : Visa Received !
Thank God, we received her visa yesterday. The visa arrived 15 days after we couriered the requested documents to the embassy. We submitted these documents to the embassy:
1) Union Council Divorce Certificate in Urdu
2) Union Council Divorce Certificate in Urdu - Translated in English
2) A legal opinion, from a lawyer in Pakistan, that states a Family Court certificate is NOT necessary
Our legal opinion states:
As per Family Laws in Pakistan, if the mode of divorce is ‘Talaq’ then the husband gives the
divorce and the Family Court is not involved. In this situation only the Union
Council issues the divorce certificate. Such was the case for WIFE'S NAME D/O
FATHER'S NAME holding CNIC No 12345 . Therefore, no divorce
certificate from the Family Court is issued.
Alhumdulillah these documents were sufficient. The whole point of this thread is to make it easier for other people in similar situations. I scoured the internet trying to come up with answers. The posts on visajourney.com were very helpful, but left some things unanswered. Feel free to send me a private message or reply to this post if you have any questions. I'll be happy to help.

So, per procedure:
 
1. Union council is notified regarding the divorce (rupee paper is one way to notify them)
2. They initiate an arbitration council.  The arbitration council sends notices calling both parties.  These are supposed to be sent once per month.
3. After 90 days of "failure to reconcile", the divorce is granted.
 
In Pakistan, most people unfortunately do not know this, and simply write "I divorce you" three times on a rupee paper.  This is not the official divorce procedure.  
 
As for copies of notices, it is referring to the notices sent each month (step #2 above).  The UC is supposed to keep records of these, or at least keep records that they were sent. 
 
 
Divorce Certificates
Available
Fees:  Fees vary by location.
Document Name:  Khula, Talaq, and Divorce Certificate
Issuing Authority:  Union Council
Special Seal(s) / Color / Format: This varies by location.
Issuing Authority Personnel Title: The Chairman of the Union Council, who also often serves as the Head of the Arbitration Council.
Registration Criteria:  Pakistani divorce laws for Muslims are governed by the Muslim Family Laws Ordinance (MFLO).  While the laws are complicated, all procedures set forth by the MFLO must be followed for divorces to be recognized for immigration purposes.  In general, couples seeking a divorce must submit a written notification to the Union Council of the wife’s residence, after which an Arbitration Council is formed to foster reconciliation between both parties over a 90-day period.  A divorce is finalized if the couple fails to reconcile at the end of this 90-day period.  (For more information on the process, see “Procedure for Obtaining” below.)
Procedure for Obtaining:  Muslim divorces in Pakistan are subject to arbitration, and the process of divorce differs depending on whether it is initiated by the husband (Talaq) or the wife (Khula).  For men initiating a divorce, husbands must verbally “divorce” their wife by pronouncing ‘talaq.’  As soon as possible, the divorcing husband must then give written notification to the Union Council where the wife resides or where the wedding took place.  Within 30 days of receipt of the notice of Talaq, the Union Council Chairman must constitute an Arbitration Council in order to see if reconciliation is possible between the husband and wife.  After the Council convenes, it must issue notices to both parties every month for three months in an attempt to foster reconciliation.  After three months (90 days), either party may request a failure of reconciliation certificate from the Union Council/Arbitration Council, upon which date the divorce is considered final and valid.  (For more information, refer to Section 7 of the MFLO.)
Note that a divorce in Pakistan is only considered valid at the end of this 90-day period, assuming the parties have failed to reconcile.  Neither party may remarry (in Pakistan or elsewhere) until this 90-day period has passed and the divorce is finalized.  The Union Council divorce certificate – typically handwritten – will indicate if the divorce was a Talaq (initiated by the husband) or Khula (by the wife – see below).  In recent years, Union Councils have begun to produce NADRA divorce certificates.  If a NADRA-issued divorce certificate is provided for an older divorce, the original Union Council certificate should also be provided.  The specific form for the Union Council certificate will vary by location.  In all cases, copies of the arbitration notices should be available upon request.
Procedures for properly executing an Ahmadi, Christian, Hindu, or Parsi divorce differ.  Typically, divorce certificates for these sects are issued by a Family Court after the filing of a legal case and are not generally registered with the local authorities.
 
Khula divorces:  There are two possible procedures for Muslim women to obtain a Khula divorce.  First, a husband can grant his wife the right of divorce by stating "yes" on line 18 of the Nikah Nama (which is rare).  If this right is granted, the wife follows the same procedure as the Talaq process described above.  If the wife is not granted this right, she must first bring her case to a Family Court to request the right to initiate a divorce.  If her suit is successful, the Family Court must submit its decision to the Union Council within seven days.  The Union Council will then initiate the Arbitration Council and follow the same procedures described above.  In reality, however, the Family Court often does not inform the Union Council of its decision. If the court grants the divorce but does not notify the Union Council, it is incumbent upon the wife to do so herself in order for the divorce to be valid.  Once the wife notifies the Union Council, the same procedure as for Talaq is followed.  If the parties reconcile during the arbitration process, however, the court decision will be null and void, and the couple will remain married.
If a husband and wife divorce and subsequently wish to remarry each other, the wife must have married another person in the interim and that intervening marriage must be legally terminated by proper divorce proceedings or death.  The interim marriage must be consummated and represent a bona fide relationship, according to Section 7 of the MFLO.
Certified Copies Available:  Certified copies are available
Alternate Documents:  In most cases, NADRA-issued divorce registration certificates are acceptable substitutes for Union Council-issued divorce certificates.  Divorces documented on rupee paper are not acceptable for immigration purposes unless they are supplemented by an official certificate.  
Exceptions:  Divorce records are inconsistent because most people only request such certificates when required for a specific reason.
 
 
Yes, if you are the one who is divorced