Syed Amir Hassan

Hi All,

I had a irregular marriage in the past (my divorce was not finalized) which I annulled through the court order in Pakistan. And then I registered my marriage again which is valid and regular now. On the base of new marriage, I applied for I-130 for my spouse, which got accepted, Now Dqed waiting for Interview letter. 
My question to you is do I need to have a Annulment certificate of my marriage for the interview? Pakistani Authorities don’t issue such certificates. Any Idea or someone has any experience then please share. Thanks

On 2/28/2022 at 8:20 AM, Crazy Cat said:

I remember this case from a year or so ago. I would just explain the situation like you did here.  I would make sure I had documents clearly showing a logical sequence of events and a paper trail of all the dates you mentioned.  As far as administrative processing is concerned, I think there is already a high chance of an extended period of time in that status.  Good luck.

Hello,

I appreciate for all your advice you have given me previously. Now the time for Interview is finally coming closer. Hopefully in few months. Kindly, suggest me any more piece of advice or you recently came to know of anyone else similar situation.

Any help will be highly appreciable.

Thanks

1 minute ago, Loading.... said:

My DQ date was March 2022, so its mean you are waiting for interview since a year?,  I was divorced here in USA and married again in Pakistan so I just uploaded the USA divorce papers and new Nikah nama from pakistan, I didn't uploaded the first marriage divorce papers from pakistan.  

Correct! It’s a huge backlog in scheduling interviews. 
 

I didn’t understand your whole situation. Please elaborate more. 

55 minutes ago, Loading.... said:

Ausalamualikm, I have also the same case as yours, did you get Interview letter yet? and what was yours NVC doc acceptance/Approval date?

Walikum Salam,

No, I’m still waiting for my Interview letter.

My DQ date is June 25, 2021 what is yours?

And did you corrected the mistake of your Marriage date?

7 hours ago, Kor2USA said:

If you had proceeded with the first I-130 with your current wife you would have been denied as the marriage wasn't valid.

If you had proceeded with the first I-130 but remarried your wife you would have been denied as you filed for the petition too early. 

I think what you did is correct and it was the only path you could take. 

Thanks!

And what you recommend me during the interview if CO ask about remarrying my wife twice, what should be my response just to avoid any further delay to my case.

1 minute ago, Crazy Cat said:

It appears, to me, that you corrected the issue of marrying before the divorce was finalized.  Just hope the Consulate Officer understands.  Maybe the questions won't be asked since you now have a clear chain of events.

Thanks so much!

And I’m so thankful to this group. Because I’m able to correct my issue based on the opinions of moderators here given to me last year when I posted my issue. Thanks again!

Do you recall anything similar case as my situation, if yes what was the outcome?

Thanks

7 minutes ago, Crazy Cat said:

I remember this case from a year or so ago. I would just explain the situation like you did here.  I would make sure I had documents clearly showing a logical sequence of events and a paper trail of all the dates you mentioned.  As far as administrative processing is concerned, I think there is already a high chance of an extended period of time in that status.  Good luck.

My question to you is,

based on all my situation explained above. I didn’t did anything illegal or unlawful right? And my wife will not be ineligible for immigrant visa? Right?

Hi All,

Hi All,

I want to have your opinion on my wife’s immigration process (CR-1 Visa).

I filed I-130 application for my current wife with whom I have a child too, who born in Pakistan, when I went to US embassy in Islamabad to report his child birth. Emabassy told me that your child has to be registered as out of wed lock, because my divorce with my first wife was not finalized at the time when got married to my current wife( In Pakistan you have to wait for 90 days after divorce to get it finalized). I married within that 90 days time period without having the knowledge of 90 days rule and came to know when I visited US embassy for my child birth report. 
After that, I withdraw I-130 petition of my current wife, and married again with her in Nov 2020(At that time I can be able to legally married to anyone). I filed a fresh I-130 petition with new marriage date, Nikkah Nama, Nadra Certificate which got accepted and approved. NVC also dqed me with these documents. Now, I’m waiting for my wife’s Interview letter.

My question is:
 At the time of interview, how we should be prepared in case they ask questions related to getting remarrying again to my current wife?
Is that will cause us a problem to get trapped in Adminstrarive process? 
Any suggestions/ advice to help us get ready for interview in this scenario will be highly appreciated!!

Thank you,

7 minutes ago, RJ&RD said:

Congratulations!. Can you tell us if your NOA2 came from Texas as well.

Thank you, 

I have not receive the approval letter in mail at this moment however, they have uploaded approval notice on my USCIS online account and that letter is showing from Potomac Service Center. 

Hi Everyone in the forum,

Here to inform all, My I-130 petition got approved yesterday. Below are the key dates:

Priority Date: March 15, 2021

Service Center on Case Status Tab: Nebraska

NOA1 letter came from Potomac

USCIS representative told my case is in Texas

Case being Actively Reviewed on May 18, 2021

Approval Notice uploaded on USCIS online account on May 18, 2021

I wish and pray everyone in this forum get their approval soon and live happily with their spouses.

Thank you,

Hi All,

I had submitted paper based I-130 petition for my spouse on March 15, 2021. Today I received my I-797C with a receipt number and payment information. That letter came from Potomac SC,  but when I checked the status online it’s saying it’s processing at our Nebraska SC. So, I called USCIS representative about this and she mentioned my case is in Texas SC. I’m really confused where actually my case is. Do you guys have any such similar experience??

1 hour ago, Dasf said:

Nothing to be worried about. Lock boxes are delayed. It’s taking some people 4-6 weeks for their checks to get cashed and get a receipt #

Will they use the priority date of I-130 petition when they actually received my petition i.e. March 15 or the one when they actually cashed out my check? 

Hi All,

I have filed paper based I-130 petition for my spouse and it got delivered on March 15,2021 at Dallas TX lockbox. I have not received any Notice of Action on my petition nor they cashed out my mailed check. I’m worried why it’s taking that long, can someone update me?

Thanks

On 3/1/2021 at 12:04 PM, Strawberrymermaid said:

Hello! Hope this is okay. Making a group for those of us filing i-130 in March 2021. 

What edition date form you use for your I-130 petition? The one downloadable on USCIS website is showing it expired on Feb 28,2021

Hi All,

I have question regarding I-130 petition form edition date. On the website of USCIS, I-130 downloadable form Edition date is expired on Feb 28, 2021. So, for March 2021 filers can they use the same expired form because they have not uploaded the fresh form yet??

your help will be helpful for me preparing my I-130 petition.

Thank you,

Yes, I went to Pakistan to remarry with my wife. My question is identity documents have my name as her husband before our second marriage registration got issued, so, will i need to apply for her fresh identity documents?

Hey,

Hope you all are doing well and safe.

Thanks all for your advices in one my forum topics back in October 2020. I followed some of the steps you guys mentioned in my post and now I need some additional advice/suggestion. Our previous discussion can be found in the link below. Just to refresh memory.

 I had discussed all this with a Pakistani Lawyer and he suggested me the same thing to remarry with my wife and get a new Nikkah nama and register your marriage again. So, I followed the procedure got annulled my January 14, 2020 marriage through court order and got a new registered marriage certificate of November 9, 2020. Thanks God that part is done!!!

Now, I’m going to withdraw my submitted I-130 petition which I submitted at USCIS. Your thoughts on that??

Also, what’s your thoughts about identity and traveling documents of my wife which were issued after January 14 marriage and have my name as her husband mentioned on these documents.

Do I need to apply for her National Identity Card and Passport again for consistency that these documents issued after my fresh marriage to her or I can use the existing ones for my new I-130 petition?

Your help will be highly appreciated!!!!

On 10/20/2020 at 6:57 PM, pm5k said:

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:

 

 

 

Thanks so much for your advice.

 I had discussed all this with a Pakistani Lawyer and he suggested me the same thing to remarry with my wife and get a new Nikkah nama and register your marriage again. So, I followed the procedure got annulled my January 14, 2020 marriage through court order and got a new registered marriage certificate of November 9, 2020. Thanks God that part is done!!!

Now, I’m going to withdraw my submitted I-130 petition which I submitted at USCIS. Your thoughts on that??

Also, what’s your thoughts about identity and traveling documents of my wife which were issued after January 14 marriage and have my name as her husband mentioned on these documents.

Do I need to apply for her National Identity Card and Passport again for consistency that these documents issued after my fresh marriage to her or I can use the existing ones for my new I-130 petition?

Your help will be highly appreciated!!!!!

Hi All,

I have applied CBRA application for my child at US Embassy in Islamabad. They asked me for some additional documents at the time of interview which I have submitted and they received. Now they are saying your case is undergoing administrative processing. I’m very worried about this what this processing is and ow long will it take to complete my application??

kindly help or any suggestions!!!

Thanks All,

Hello,

I had a CBRA interview for my son at US Islamabad Embassy on Oct 20,2020. During Interview, Officer asked to send some additional documents to submit for application approval which I send in December 2020. And Now I got a response from Embassy following reply

“Thank you for your email.  Our office has received the documents and processing your application.  Please hold your inquiries and allow at least three working weeks for the Embassy to complete the processing.  You will be notified via email once it is ready”

I’m wondering, If my application approved and they just preparing for my Son’s passport?

Any help will be highly appreciated!!

1 hour ago, SusieQQQ said:

Looking at past threads this seems a complicated case. If proving paternity is the issue did they give DNA as an option?

No, they didn’t ask for DNA. They just told me to submit old Passports scanned first page and all those pages with entry and exit immigration stamps.

2 hours ago, designguy said:

Do they want the passport to see your travel history that you and the mother were in the same place at the same time?

Yes, they want to confirm as I was in Pakistan at the time when she conceived my baby.

Hi All,

I applied for my child birth abroad at American Embassy Islamabad, Consular officer asked me for more evidence which includes old Passports. I tried hard to find one of my old Pakistani passport but couldn’t locate it. So, I applied for my Travel History through Federal Investigation Authority in Pakistan and they gave me the required document which is showing all travel history of my lost passport. My question is: Is that will be a good replacement to my old passport? Will they accept it? 
 

Your response will be highly appreciated!!

Thank you,

10 minutes ago, pm5k said:

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

Thanks for the suggestion, but what I’ll do with Pakistani Passport and Pakistan’s National ID card which mentioned my name as her husband if I’ll go with K1 visa option??

1 hour ago, pm5k said:

  

 

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. 

 

 

Thanks for the advice, but I’m little confused about my January 14, 2020 Marriage certificate which was issued by NADRA, how could I nullify this certificate without having divorce? Can a Family court in Pakistan issued a new Nakanama with the same person at later date?