rooji

14 minutes ago, Boiler said:

Yes it is and Pakistan is currently in the fastest category 

Really? i was under the impression that it was the slowest one since the embassy is clearly backlogged...

2 hours ago, appleblossom said:

 

Exactly, that's what Boiler meant. It doesn't apply to Pakistan now so unless things change she's got a long wait ahead of her. 

can we find out if the processing time is dependent on the country

16 minutes ago, Boiler said:

People who filed nearly 9 years ago are now getting to the front of the line. You have yet to file.

 

There is no way of being precise as to what the wait time will be looking forward, too many variables some of which can only be guessed at, I tend to double and round down the past time which seems to be there or thereabouts. Just a guide.

 

https://www.uscis.gov/newsroom/news-releases/uscis-establishes-family-reunification-parole-process-for-ecuador This was announced recently.

 

Thank you for updating the thread about the weird Canadian situation.

 

Okay thank you for that guidance on the time frame....

that link you shared seems to talk about Ecuador...it may not apply to Pakistan...

17 hours ago, Boiler said:

How long people being interviewed now is not that helpful as there are a lot more people waiting now than back when they filed.

 

Lets say it becomes current in 2040 very difficult to see the 18 year old making it, possibly the 12 year old if it takes a long time to process the I 130.

 

Biden has been rolling out Parole to those waiting, some think it will become world wide, who knows but if you are not in it then you can not play.

 

I am intrigued by the Canadian situation, I know the basics about Canada but not enough to speculate what they did.

Do you know what the current time for this category for the country of pakistan. On the visa bulletin I saw that the final act was 2015 for the i130 and for NVC it was 2017...My calculation is telling me more than 9 year for i130 if I am not reading it wrong that is. Is that true?

And what do you mean about Biden rolling out Parole, not sure I understand what that means...what is going on? Am I missing something?

Honestly i could care less but I just gave a short version of what the husband and second wife did.

So there has been some development to this now:

The husband passed away just 2 days ago...

The husband and the other wife and youngest son were in canada recently and from what I understood since my SIL has no idea what type of immigration they went on, applied for change of status in canada. However the husband got sick and was admitted in the ICU twice a month and a half ago so the second wife sent him back to Pakistan. The wife stayed behind but sent the kid. The husband came back and few weeks later got very sick and had a heartattack and was admitted in ICU. Eventually the doctors told the family in Pakistan that he had only few days left to live. So that said, he passed away yesterday in Pakistan while his other wife was in Canada. Now she is returning and not sure what her canadian status will be but I believe she was working and had submitted her passport.

Honestly I don't care about what will happen to her and her kid. Now that my SIL is widowed and she has 2 daughters, can we go ahead and complete the i130 application process? If yes, then do we need her husband's death certificate at this stage?

What is the overall processing time from stage 1 to all the way to embassy stage? Are we looking at 7 to 8 years? does anyone know what year is Pakistan embassy is currently working on for F1 visa category? Would her having kids come into play here? Her daughters are 12 and 18 so what are their chances of immigrating with their mom under CSPA?

TIA

11 minutes ago, Boiler said:

Just know that that he lied to Canadian immigration so have that in your back pocket..

 

He can mess with you you can mess with him.

oh definitely...but will need factual information in order to do that...but yes i am trying to convince my in-laws to do that...

lol i never watched Meghan and harry and their family drama but yea i guess this qualifies lol

11 minutes ago, Boiler said:

You do not know if he has a Canadian Immigrant Visa.

No I do not. What I have been told is that he applied for the visa last year and got a visa and did go to canada with his other wife and his other kids.

at my SIL's visit visa interview they asked her and the youngest daughter if they had any family in Canada and she answered truthfully and that is how we found out that he applied for the immigration for the girls as well. so not sure what type of visa he has. I only know what has been told to me.

please do not ask me about this because I don't have sufficient information about the husband and his canadian immigration or whatever the hell he did. all I wanted to know was about my SIL and the derivatives and choices my mother has.

3 minutes ago, appleblossom said:

 

Not relevant for Canada. If he's applied for PR, then he only has to spend 2 years out of every 5 in Canada to maintain his status once he's landed and activated his status - so he has another 2.5 yrs before he has to move there. 

 

But if the daughter's haven't been yet, then they can't have Canadian PR. And that will expire one year from the date of their medicals, if they haven't landed by then they'd have to apply again.

good to know and interesting. I will keep that in mind. trying to convince my MIL to report the dad at this point.

yes as far as I know the girls never been to canada on immigration visa. I don't even know if they got it. I feel like he only mentioned the girls or tried to apply for them under the pretense of his other wife as step children or real one, that I do not know and neither does the girls only the husband knows.

anyways i am not sure what the girls' future is but it seems to be complicated...

13 minutes ago, Boiler said:

I would not include those children for reasons I have stated. 

okay got it. thanks.

6 minutes ago, Boiler said:

I do not see that they are any relationship to her. They were born after she married. They are not her stepchildren. 

 

I had a quick look at the I 130 and can not see anything that suggests otherwise.

 

Put it another way, say the question was could she include them as potential derivatives because they are her stepchildren, I assume everyone would say no.

i did exact search about the derivatives and who qualify, i found that not everyone qualifies as derivatives (aged out children) and step children was among that so unless i found something that was not correct but that is what I found.

2 minutes ago, Boiler said:

Unless I am missing something weird the children of lets call her his second wife are not her step children.

 

How is this different from someone who has an affair and fathers a child, not a step child of the wife.

when I first saw this my thoughts immediately was that the second wife is alive and is still married so they are not my SIL stepchildren so she doesn't include them but then I got different answers here. so now I am even more confused.

so what will she list those 2 other kids as?

Just now, Boiler said:

Not the situation here.

which is why I posted and I had confusion on what to do...now I am getting conflicting answers.

1 minute ago, Mike E said:

What step children?

people are pointing out that she will have to list her stepchildren in the i130 process when my MIL files for her. She has 2 biological daughters and 2 stepchildren from the dad and his other wife.

3 minutes ago, Boiler said:

Worst case scenario is that she can divorce when she gets to the US.

 

Are they her step children? I will have to think about that.

Her 2 daughters are her biological daughters but her 2 stepchildren (sons) are not hers so the answer is that 2 biological children and 2 step children.

and you are right Pakistan does not do adoption. My thoughts are that the father listed the kids in the immigration as stepchildren since the girls did not go to canada with him when he last traveled. that is what I know don't know the details of it. Like i said he keeps things secret from my SIL so half the time she doesn't know what he is doing.

6 minutes ago, JeanneAdil said:

MIL  can apply for the daughter but still lists the husband (even if divorced with divorce papers) and all kids (hers and stepchildren)

and no she would not live in  that state of marriage but needs to know the state's laws where she would live

 

and i feel so bad for her as sounds like she was used and abandoned  and I  understand the corrupt governments part of this

but of course i can not know the full extent of corruption as  i have not lived it but money talks

 

does she have anyone (public offical or IMAM ) to aid in a divorce 

Even she would have to go thru a Pakistan embassy to try to divorce outside the country making her stuck in marriage

 

and honestly she may not want to report him to Canadian officals but i would and anyone else in the family can 

 

Again,  for the family,  u have my sincere prayers that sometime this will be resolved

incha allah

allah yessir

 

 

I have a feeling that the Canadian immigration is already alerted of the dad's fraud at this point since he tried to get the daughters to immigrate with him on family visa and since he doesn't have any family in canada and since US and Canadian immigration talks, it is already flagged. plus the dad only went to Canada once and for 1 month and didn't go back to this date which if it is anything like US then it is already more than 6 months he is abroad. He applied for the daughters but never took them so not sure if they were given visa or not. I doubt it.

state laws: noted, will do the research before MIL applies.

and thank you appreciate the prayers. hopefully we can officially help her get out of this.

3 minutes ago, Mike E said:

The birth record history has a different mother. If DHS or DoS learn about this, a DNA test is the least of problems to worry about.

 

The bigger problem is DHS or DoS suspecting the daughters were adopted by the woman listed as the mother on the first birth certificates. If so, then adoption severs the parent / child relationship for purposes of U.S. immigration.

 

The onus os then on mom to prove another woman did not adopt her daughters.  

 

1. Are “step mom” and dad willing to sign an affidavit that they conspired to falsify birth certificates?

 

2. What evidence does mom have that she was powerless to prevent the false birth certificates.

 

To point 2, the fact she was able to get the birth certificates fixed, suggests she was not powerless. So now she is in the position of proving she was not a participant in the conspiracy.

 

I don't know if the documents are adoption papers since in Pakistan adoption is not highly or publicaly recognized thing because that I will have to check. My best guess is that for the canadian immigration the dad listed the children under his other wife just like my SIL will have to list the step childrens regardless.

I was assured and told by the oldest daughter that her dad was the one who fixed the birth certificate or they found the birth certificate that has the SIL listed as the mother. not sure which one is the right one because even the oldest daughter only has what is given to her.

but yes it is likely that while my SIL was in the hospital the dad may have listed the other mother as mother but I have to double check that and probably check the Pakistan's NADRA system and the original B-Form. So that is something I will tell my MIL to look into it.

Just now, SalishSea said:

No, she is not responsible for his actions.   This doesn’t mean her marriage and circumstances will not be brought up at a future immigrant visa interview, because they for sure will.   She needs to be 100% honest.

don't get me wrong here, I already know that she has to be 100% honest about it and rest is up to the officer to decide but I wanted to know if it is possible that my MIL can apply for her daughter even though her husband is the one in fraud situation and not her daughter and that whether his actions will effect her immigration or not. but I got my answer on that.

I am not guiding her to be dishonest in any stage of her life or immigration process.

Just now, SalishSea said:

Yes.   However, she MUST report her marriage and ALL children (step or bio) on the forms as per the instructions, REGARDLESS of whether any of them will be immigrating.  
 

Omitting inconvenient information (like stepchildren via polygamy) is in violation of US immigration law.   
 

By all means, have the MIL petition her now, and then 10 years from now (or whenever the visa bulletin is current), let the chips fall where they may with her marital status.    She can immigrate without a polygamist husband who refuses to divorce her, but accuracy on the forms is critical.

I have a question only because I read it somewhere: yes she is bound to report her whole family but by law derivatives only includes immediate relatives right? it doesn't include step-children, is that true?

Just now, SalishSea said:

Yes.   However, she MUST report her marriage and ALL children (step or bio) on the forms as per the instructions, REGARDLESS of whether any of them will be immigrating.  
 

Omitting inconvenient information (like stepchildren via polygamy) is in violation of US immigration law.   
 

By all means, have the MIL petition her now, and then 10 years from now (or whenever the visa bulletin is current), let the chips fall where they may with her marital status.    She can immigrate without a polygamist husband who refuses to divorce her, but accuracy on the forms is critical.

okay got it...that helps clear things up a bit. I will sure to relay the information to my MIL.

thank you.

Just now, Boiler said:

Generally no. There might be weird civil laws in Pakistan. I can not think of how this could impact her immigrating to the US.

okay thank you...

I guess we can just apply with all the facts and wait and see what happens when the time comes.

do you know if dna testing can be done prior to making the cases for granddaughters? or is that something the uscis or consular requests and then it is done?

Just now, Boiler said:

Yes, I was just pointing out the regulations. 

another follow-up question: is she responsible for the acts of her husband or is she accountable for the things he did in the eyes of the law? He is always keeping her on the blindside so half the time she has no idea what he does.

Just now, Boiler said:

She is not coming to the US to practice Polygamy. Well I assume not so not an issue.

https://fam.state.gov/fam/09FAM/09FAM030212.html

 

The regulations.

No she is not. She has no intentions of getting married again or staying in that old marriage. If she is not practicing polygamy and is not intending to then my MIL can apply for the daughter right?

22 minutes ago, JeanneAdil said:

Sorry,  u fixed the birth certificates?  changing the mother's listed name as your daughter's 

Husband ,  as she still is married ,  needs to be listed

AND THE BIG AND she needs to divorce as she is part of a polygamist family which is illegal  in the US 

Situations that are illegal such as polyamy ,  marrying first cousins when not legal in the state mean denial at interview  

so,  if she follows immigration rules , listing husband ,  her 2 children and her 2 stepchildren-his kids r stepchildren as she is still married to him and her situation (with no divorce) it will be a long wait and denial at the end

 

the husband needs to be listed and offical divorce degree needs to be sent in by NVC stage and shown to be legal document at interview

 

Was she his 1st wife and if so,  did she give permission for him to marry again?

It is illegal in many countries, including Pakistan. According to Pakistani law, a man can only marry again if he has Permission from his first wife. If he marries without her Permission, he can be punished by up to five years in jail and a fine of up to 500,000 rupees.

I have broken down all the questions you have asked me above.

Firstly: it is not my name or my immediate relative. I am asking on behalf of my mother-in-law who wishes to apply for her daughter and wants to add her grand daughters for derivative. MIL will be listing her daughter's marriage at the i130 stage and I am hoping either the husband dies by NVC stage or the daughter divorces by then (which is unlikely). The daughter did not do any illegal activities or any fraud. that was all on the husband but unfortunately the daughter is paying the price. I know polygamy is a big no in USA and hence I asked if my mother-in-law can only apply for the daughter alone and her 2 biological kids and not include the husband when the time comes to move to usa. I was given a yes by some people here so I am lost now.

The birth certificate lists my SIL and her husband as the biological parents now. The b-form, not sure about that. I have to find that out. B-form and NADRA issued birth certificate are 2 different documents in Pakistan.

Yes Pakistan has that law and unfortunately many people do not follow it and if you are closely following or even reading how the justice system in pakistan is corrupt then you will know that even as per this law it is corrupt.

My sister-in-law married her husband in good will and unknowingly to her, the husband went ahead and got married to his lover while he was married to my SIL. She didn't know until after she was pregnant and had her first born. no one in our family knew. I don't know how things work in morocco or any other muslim country, but Pakistan does not follow the Islamic laws and not even its own laws. that is how much the system is corrupt and often people just accept their fate and stay in such relationships because they have kids with that person and do not report it. My SIL, a victim of domestic abuse, decided to stay in the marriage and not report when she should have (we are talking about 16 plus years ago) the law was recently enforced heavily. so the answer to your question whether she was his first wife or not, we don't know because he married her and a month later he brought in the second wife.

She doesn't want to list the step-children since they are not her biological kids and she is not responsible for them. her husband and his other wife are responsible for the step-children. she only wants to bring her daughters (when the time comes). She is not planning on omitting any information about her life including her husband and his marriages but the question is the same: does she have to list her husband and his other family at the nvc stage? Wouldn't his family not be her immediately family since they are not biologically related to her? I read somewhere that you cannot add stepchildren as derivative...because my understanding is that husband will not be able to immigrate with her since he is married more than once and he doesn't want to either and neither does she want to include him. But for her kids, she is worried and wanted to know what her options are.

I already got that it is a long wait since she is married and unless she divorces the husband she sort of is stuck. The way divorce works in pakistan is not that simple since the husband has connections and can easily not give her a divorce even though the law allows her to get one. basically the husband screwed her and well she is stuck and the system is not on her side. Pakistan law and system is not that white and black like American system is, at least here you can get justice if you are a woman but in Pakistan it is not that easy. It has all sorts of shades.

We are looking for legal ways and not illegal ways and I am trying to make her understand that she needs to file for divorce but that is a long battle and my only hope at this point is that she sees sense and divorce or the husband dies (due to his health conditions).

7 hours ago, Mike E said:

As per your other topic, her daughters birth certificates have the father’s other wife as the the mother. There is no pathway for the daughters through their maternal ancestors.

 

 

 

 

 

 

 

I understand that the daughters had no chance. Prior to applying for visitor's visa, they fixed the birth certificate. However just to be on the precautionary side: could we do DNA testing if the SIL ends up applying for her kids? 

14 hours ago, SalishSea said:

Whether the spouse immigrates is irrelevant.   The daughter is legally married, and therefore her family preference category is married over 21, which adds many years, as Boiler is trying to tell you.

Okay I got that. Either the husband dies before we apply or she divorce him the process will take longer since she is married. 

Pakistan divorce system is not that simple. She can file for divorce and because she is a woman the chances of her getting a divorce is slim if he has connection.