pm5k

I guess that would be similar to the current adjustment of status process - the system assumes you are eligible (you can get an EAD, get ACA insurance, etc) until you are determined to be ineligible.

https://www.whitehouse.gov/briefing-room/statements-releases/2021/01/20/fact-sheet-president-biden-sends-immigration-bill-to-congress-as-part-of-his-commitment-to-modernize-our-immigration-system/
 
 
For some reason, I feel like this wouldn't pass

As for your newly registered marriage that you mention in your post:  Did you get a new Nikah Nama (in Urdu, not English), or just a marriage certificate/court marriage certificate?
 
You will need the URDU Nikah Nama, English translation (you can do it, or have a relative/friend do it, just needs to be notarized/attested), and the NADRA marriage registration certificate.  These three documents are needed for a spousal I-130 from Pakistan.

Ideally things should be consistent.  Technically you shouldn't have been married to you during that 90 day period, as you didn't get permission from your first wife (you are still married while the divorce process/90 day period is in process).   Then again, based on your other thread, the embassy already knows about your situation, so it may or may not matter...

What you could potentially do (check with lawyer obviously)

1. Your first marriage was technically valid when you contracted your second marriage, due to the 90 day rule.
2. Since you were still married to your first wife, you would need her permission before you marry your second wife per MFLO 1961.  So your wife could get an annulment under the Dissolution of Marriages Act 1939, ii-A,  which states that dissolution can be granted for your second wife's marriage because "that the husband has taken an additional wife in contravention of the provisions of the Muslim Family Laws Ordinance, 1961;"  Since you were technically still married, you didn't get permission, so you may fall under this criteria. 
3. You then get married again.  
 

 

On what basis was your first marriage annulled?  If there is no legal basis, then you are still stuck where you were before. 

The DOS link appears to acknowledge that there are English only nikah namas, so you may be fine. 
 
https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Pakistan.html

How did you get married in Pakistan?  What document do you have to prove your marriage?  Do you have a nikah nama, marriage certificate, or some other document?  Does he have a passport? 

OP's first post seems to say that
 
OP, you could wait until you get an RFE and then respond accordingly.

OP, you could theoretically sponsor her on a K1 visa since you are technically not married under US law
You would need to get married in the US

OP, you could theoretically sponsor her on a K1 visa since you are technically not married under US law
You would need to get married in the US

Why not?  You go to the union council, get a new nikah nama, and then use that to obtain a new NADRA certificate
The other option is to have the marriage annulled in court and then remarrry.  This would also not require a divorce.  You may also be able to have this annulled at the UC if the UC chairman is able to write a letter to this effect.
 
If you get divorced, it will only complicate things.
 

One more thing - the US apparently makes a distinction between INTENTIONAL polygamy and accidental polygamy.  Your case, based on what you have mentioned, would be in the accidental category. 

Revisiting this -
 
This is a good point.  While your second marriage was not recognized in the US, you technically did partake in polygamy.  Now, penalties regarding polygamy are not commonly enforced, but this will probably come up during an interview and case review. 
 
You should do a few things:
1. Write a statement that you yourself did believe that you were divorced.  You only entered this second marriage because you believed yourself to be divorced and hence able to remarry.
2. You should find an attorney who can write about the fact that you were not familiar with this area of law, and that in Pakistan most people do not understand divorce law or the 90 day rule. 
3. See my other post about remarrying.  But basically, you two need to get married as if you were not previously married.  Just go to the UC or family court and start over.  No divorce needed.

Technically the second marriage wasn't legal per US law, so he was only married once in the US' eyes

You and your wife need to understand the nuances of your case.  Your case is complicated because your marriage would be legal in Pakistan (your wife being a second wife), but not in the US.  Because of this, even in Pakistan, you will find lawyers and UC personnel who say you need to get divorced before you remarry.  The problem with doing that is that your wife would technically need to marry someone else first before marrying you, which simply is not an option for countless reasons.  This will only complicate things. 
 
As for getting married again, I would think that you you just need to go to a UC or family court, and get married.  Start over, start fresh, as if you two were getting married the first time.  Just make sure your certificate says "divorced" for your status, and "unmarried" for her status.  Remember, per US law, you two are not married.
 
You may also want to get a lawyer to write you a letter on behalf of your case.  Make sure you find one that is familiar with the 90 day divorce rule.  Some of my friends have gone to lawyers and they were not familiar with this rule, so it only complicated things further. 
 
 

Revisiting this -
 
This is a good point.  While your second marriage was not recognized in the US, you technically did partake in polygamy.  Now, penalties regarding polygamy are not commonly enforced, but this will probably come up during an interview and case review. 
 
You should do a few things:
1. Write a statement that you yourself did believe that you were divorced.  You only entered this second marriage because you believed yourself to be divorced and hence able to remarry.
2. You should find an attorney who can write about the fact that you were not familiar with this area of law, and that in Pakistan most people do not understand divorce law or the 90 day rule. 
3. See my other post about remarrying.  But basically, you two need to get married as if you were not previously married.  Just go to the UC or family court and start over.  No divorce needed.

You and your wife need to understand the nuances of your case.  Your case is complicated because your marriage would be legal in Pakistan (your wife being a second wife), but not in the US.  Because of this, even in Pakistan, you will find lawyers and UC personnel who say you need to get divorced before you remarry.  The problem with doing that is that your wife would technically need to marry someone else first before marrying you, which simply is not an option for countless reasons.  This will only complicate things. 
 
As for getting married again, I would think that you you just need to go to a UC or family court, and get married.  Start over, start fresh, as if you two were getting married the first time.  Just make sure your certificate says "divorced" for your status, and "unmarried" for her status.  Remember, per US law, you two are not married.
 
You may also want to get a lawyer to write you a letter on behalf of your case.  Make sure you find one that is familiar with the 90 day divorce rule.  Some of my friends have gone to lawyers and they were not familiar with this rule, so it only complicated things further. 
 
 

In summary, this is what I would suggest (I am not a lawyer, obligatory disclaimer, not to be taken as legal advice)
 
1. Based on what you describe, your current marriage is not valid.  You need to remarry your wife as if you are getting married for the first time.  You do not need to divorce your wife, and she does not need to marry someone else before marrying you.  You just need a fresh nikah nama and marriage registration certificate.  Your status would be "divorced", and your wife's would be "unmarried" on the nikah nama and marriage registration certificates. 
 
2.  You will probably need to withdraw your existing I-130 and submit a new one.  As for "have you petitioned previously for anyone", someone else may be able to answer better, but I would be honest.  Simply state that you made a mistake and that you did not know that your marriage was invalid.  You should probably check with a lawyer about this step. 
 
3.  If your marriage is invalid, it looks like you need to follow the out-of-wedlock procedure for CRBA.  Per US law, the child was technically born out of wedlock, so unfortunately this is the process you will have to follow.
 
4. If CRBA does not work, look into the baby transportation letter procedure outlined in the link above. 
 
5.  Your child is still a Pakistani citizen due to being born in Pakistan.  Even if you get CRBA, the child would be a dual citizen as Pakistan allows dual citizenship with the US. 
 
Best of luck to you.  Please let others know about the 90 day rule so that they are not in this situation. 

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:
 
 
 

In summary, this is what I would suggest (I am not a lawyer, obligatory disclaimer, not to be taken as legal advice)
 
1. Based on what you describe, your current marriage is not valid.  You need to remarry your wife as if you are getting married for the first time.  You do not need to divorce your wife, and she does not need to marry someone else before marrying you.  You just need a fresh nikah nama and marriage registration certificate.  Your status would be "divorced", and your wife's would be "unmarried" on the nikah nama and marriage registration certificates. 
 
2.  You will probably need to withdraw your existing I-130 and submit a new one.  As for "have you petitioned previously for anyone", someone else may be able to answer better, but I would be honest.  Simply state that you made a mistake and that you did not know that your marriage was invalid.  You should probably check with a lawyer about this step. 
 
3.  If your marriage is invalid, it looks like you need to follow the out-of-wedlock procedure for CRBA.  Per US law, the child was technically born out of wedlock, so unfortunately this is the process you will have to follow.
 
4. If CRBA does not work, look into the baby transportation letter procedure outlined in the link above. 
 
5.  Your child is still a Pakistani citizen due to being born in Pakistan.  Even if you get CRBA, the child would be a dual citizen as Pakistan allows dual citizenship with the US. 
 
Best of luck to you.  Please let others know about the 90 day rule so that they are not in this situation. 

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:
 
 
 

See my post above - but yes, this is probably what you will need to do. 

In summary, this is what I would suggest (I am not a lawyer, obligatory disclaimer, not to be taken as legal advice)
 
1. Based on what you describe, your current marriage is not valid.  You need to remarry your wife as if you are getting married for the first time.  You do not need to divorce your wife, and she does not need to marry someone else before marrying you.  You just need a fresh nikah nama and marriage registration certificate.  Your status would be "divorced", and your wife's would be "unmarried" on the nikah nama and marriage registration certificates. 
 
2.  You will probably need to withdraw your existing I-130 and submit a new one.  As for "have you petitioned previously for anyone", someone else may be able to answer better, but I would be honest.  Simply state that you made a mistake and that you did not know that your marriage was invalid.  You should probably check with a lawyer about this step. 
 
3.  If your marriage is invalid, it looks like you need to follow the out-of-wedlock procedure for CRBA.  Per US law, the child was technically born out of wedlock, so unfortunately this is the process you will have to follow.
 
4. If CRBA does not work, look into the baby transportation letter procedure outlined in the link above. 
 
5.  Your child is still a Pakistani citizen due to being born in Pakistan.  Even if you get CRBA, the child would be a dual citizen as Pakistan allows dual citizenship with the US. 
 
Best of luck to you.  Please let others know about the 90 day rule so that they are not in this situation.