Evetskomplitz

Can one just abandon this application and file afresh without the child? 

Can one just abandon this application and file afresh without the child? 

Have you deleted the previous one that was rejected? I will advice that you combine all the tax transcript for year 2018, 2019 and 2020 in one single file and upload after deleting the earlier uploaded tax transcript which has been rejected. If you still have a problem then try to add it up via the additional document and remember to drop a short note concerning your experience before submitting. Hope this would help 

Yes you will need a letter of consent from his mother and yes it will affect his visa approval.

It did not affect me at POE. I called USCIS about it (by the point I called them they'd already mailed the green card, unexpectedly early) and the agent I spoke to pretty much told me that if I don't have any issues using the Green Card, then it didn't really need to be fixed. I have some concerns about it causing me issues when I go to the DMV to get ID (was waiting to get vaccinated before I go), so we'll see how that goes. From what I've read about the issue, it happens to a lot of people and for many of them it doesn't seem to cause any problems.

Now that the first marriage has been annulled won’t the second marriage of the so called polygamous home be the only marriage? In this case won’t the application be allowed by finishing an additional documents called the divorce certificate? 

I will advise thus: since the marriage here is Islamic in nature and which is polygamous. I am aware in law that same marriage of same man and same woman can be reconducted if they want to be bound by monogamous kind of marriage and the second marriage is conducted under civil marriage law. In this case, rather than a clergy conducting a marriage, a government official usually a marriage registrar conducts the marriage as long as it is same man and same woman. A marriage certificate is issued and it simply means that couples would henceforth be bound with one man and one woman marriage. With this, I believe you can still file the marriage certificate in addition to the one already filed. Please you can ask a lawyer either in Morocco or UAE on possibilities of converting polygamous marriage to monogamous marriage. Marriage of same woman and same man.
The new certificate can be added and this is in the law as far as I know. 

I will advise thus: since the marriage here is Islamic in nature and which is polygamous. I am aware in law that same marriage of same man and same woman can be reconducted if they want to be bound by monogamous kind of marriage and the second marriage is conducted under civil marriage law. In this case, rather than a clergy conducting a marriage, a government official usually a marriage registrar conducts the marriage as long as it is same man and same woman. A marriage certificate is issued and it simply means that couples would henceforth be bound with one man and one woman marriage. With this, I believe you can still file the marriage certificate in addition to the one already filed. Please you can ask a lawyer either in Morocco or UAE on possibilities of converting polygamous marriage to monogamous marriage. Marriage of same woman and same man.
The new certificate can be added and this is in the law as far as I know. 

Now that the first marriage has been annulled won’t the second marriage of the so called polygamous home be the only marriage? In this case won’t the application be allowed by finishing an additional documents called the divorce certificate? 

Now that the first marriage has been annulled won’t the second marriage of the so called polygamous home be the only marriage? In this case won’t the application be allowed by finishing an additional documents called the divorce certificate? 

@Hanan elaI would like to ask if USCIS had decided on your form I-130? If no decision yet, may I know when you filed? 

In this case I will advise you just to wait for the outcome and not further complicate issues with a new marriage.

In this case I will advise you just to wait for the outcome and not further complicate issues with a new marriage.

I will prefer like I stated in one of my previous posts that this statement of facts should come in form of an affidavit since it is under an oath and under the heading of a court of record. The statement will carry more weight.

I will prefer like I stated in one of my previous posts that this statement of facts should come in form of an affidavit since it is under an oath and under the heading of a court of record. The statement will carry more weight.

That she tell the truth.  If the non marriage is the only marriage prior to the one in the new petition, she would indicate no previous marriage.  If she is required to formally dissolve the marriage, then she would list it and the dissolution.  What matters is the facts on the ground at the time of filing.   I/we do not know what hoops will need to be jumped through to accomplish a new marriage.  That is no a US immigration issue, except that they must jump through whatever hoops are required by the jurisdiction where they were married.

You can do that if you want, but your statement need not "carry weight".  It is only for clarity.  "We thought we were legally married per US Immigration policy but now we know we weren't.  We are now."  There, I said it for you in two short sentences.  They already have the facts of the past marriage/case/petition/visa denial in their own files.

I will prefer like I stated in one of my previous posts that this statement of facts should come in form of an affidavit since it is under an oath and under the heading of a court of record. The statement will carry more weight.

Thanks for all replies  i want to know .lets say i devorced and marry again and fill new application how can i justify the first application 

More bad advice not based in anything factual.

In addition to my earlier suggestions stated on this thread and having re-read the posting. Since the refusal was raised at the interview, the Immigrant Visa Applicants can apply for a waiver as advised by the lawyer earlier. You need to also show that the misrepresentation of material facts isn’t willful and no intent to defraud. Therefore, the affidavit of facts earlier suggested and a new valid marriage after the divorce can be mailed along with Form I-601, Application for Waiver on Grounds of Inadmissibility, directly to a U.S. Citizenship and Immigration Services (USCIS) Lockbox facility.
 
Options: 

1. To apply for a waiver on grounds of in admissibility Form I-601 takes 4-6 months to be processed but at the end issues May crop up again. This costs almost a thousand dollars.
2.The fee is quite higher than the fee of normal I-130 petition for alien. I will suggest you need to marry as soon as possible since your earlier marriage before divorce is void. Thereafter,  you can file a fresh petition for alien as well as K3 visa which will make you go and join your hubby on time.        

In addition to my earlier suggestions stated on this thread and having re-read the posting. Since the refusal was raised at the interview, the Immigrant Visa Applicants can apply for a waiver as advised by the lawyer earlier. You need to also show that the misrepresentation of material facts isn’t willful and no intent to defraud. Therefore, the affidavit of facts earlier suggested and a new valid marriage after the divorce can be mailed along with Form I-601, Application for Waiver on Grounds of Inadmissibility, directly to a U.S. Citizenship and Immigration Services (USCIS) Lockbox facility.
 
Options: 

1. To apply for a waiver on grounds of in admissibility Form I-601 takes 4-6 months to be processed but at the end issues May crop up again. This costs almost a thousand dollars.
2.The fee is quite higher than the fee of normal I-130 petition for alien. I will suggest you need to marry as soon as possible since your earlier marriage before divorce is void. Thereafter,  you can file a fresh petition for alien as well as K3 visa which will make you go and join your hubby on time.