Nida121211

On 10/3/2022 at 12:49 PM, Habibati & Habibi said:

Khula is when the wife divorces the Husband for no reason.

A khula is a divorce initiaded by the wife - and she has to have some vaild reason to apply if not the shaira  will not grant her a divorce. She 

On 10/3/2022 at 12:56 PM, Ximena Anna said:

Yes you are right, I just want to make a quick side note that I am “Mormon” (Church of Jesus Christ of Latter Day Saints) and we are not allowed to be polygamous or we get banned from the church.

You must be thinking of the FLDS cult who are not legally allowed to call themselves “Mormon” but they still do 🙄

 

Thats all 😊

I think u missed understood what i said . Mu mom abd dad were married in Pakistan court marriage and Islamic marriage. Nikkah. My dad forced her to have civik divorce to bring new wife in and he was married two women before the civil divorce immigration frowns on that further more. The shariah council told my mom they are legally civil divorce in usa but not Islamic divorce my dad must file talaq to completely divorce her . Or my mom file khula . And it’s illegal to divorce someone to bring another in while atill in a religious marriage .immigration says its marriage fraud . I called uscis and thats there response

18 minutes ago, Family said:

This source is not a scholarly article , but references that Pakistan family law does require permission from first wife as @JeanneAdil points out: 

 

 

 

In Pakistan, family law requires written permission from the man’s first wife to marry again. However, many men overlook this and most wives are unaware of this law.

https://www.dawn.com/news/1577829

Yes my mom already contacted attorney over in Pakistan he never took permission ir went before union council and he never registered the nikka till a year later and put this years date on it after he took the civil divorce papers to Pakistan to register. The atternoy told my mom i can press charges on him in Pakistan because he never got permission abd because we are muslim he needed a Islamic divorce also talaq

1 hour ago, Family said:

This link ( courtesy of @ROK2USA unrelated thread), the very serious issue of SHAM DIVORCE is addressed and if you get the information across to USCIS/ Embassy..they will deny the newest petition/ visa for the 2nd wife.

https://www.uscis.gov/sites/default/files/err/D6 - Fiancees and Fiances of U.S. Citizen (K-1)/Decisions_Issued_in_2022/JAN132022_01D6101.pdf
 

The concept of a "sham divorce" is settled doctrine and has long held a place in the administration of the immigration laws of the United States. For example, American Jurisprudence describes a sham divorce as follows:
An alien's divorce is a sham, making the alien not "unmarried" when the petition is filed on the alien's behalf, if the evidence shows that the alien's sole intention in

  seeking a divorce was to obtain immigration benefits, and the alien continues to live

Thank you . 

1 hour ago, JeanneAdil said:

you know Islam better than most people here

If your dad married the 2nd wife (before any divorce)  the 1st wife has to approve and allow him to marry (in Islam)

if there was a legal divorce and he married ,   get your mom to kick his butt out and move on with her life /  no one  can hold onto a spouse that doesn't want to be married

 

Other than that if he is doing a petition for a  new wife  just for her to come to the US ,,  its visa fraud ,  so collect your evidence and notify the embassy 

He was smart about it he had tiny nikka but no documents registered he came back pressured my mom to sign it took him 6 months to break her doen she signed after he threatened and all. He left one month after the judge signed and registered his marriage . In islam husband doesn’t need to take permission but he must inform her and not keep it secret like he did . Its also a big sin he did . Shaira law states 1. Obey the law of the land you live in . 2. He hid it 3. Its a big sin making maukery of divorce leaving a women half married just to benift the other wife . My mom is baring it only to stop her coming here and immigration fraud . It makes it hard for true couples in love struggling to get there family here. 

10 minutes ago, Letspaintcookies said:

Would USCIS ask for anything else then the US divorce certificate? The IO at the embassy might being more 'involved' in the culture. 

At the islamabad us embassy? He just filed on line on the 6th so we are long ways . Will uscis do anything before it got to the embassy. My mom is Islamic divorce him when this is finished

5 minutes ago, Letspaintcookies said:

If you or your mom have the case number for the new wife's case you could send a letter/ email to the service center where the case is getting processed and explain everything but I have no idea how or if they would react.

What is your parents status in the US? Did they immigrated themselves? Just wondering if somebody would start looking at their own immigration history to see if there was something fraudulent going on back then and if it could potentially become a problem for your mom.

My mom is citizen by birth and my dad is citizen since 2020

16 minutes ago, pushbrk said:

The question then becomes whether the USA will consider your father to still be married to your mother. I don't know the answer to that, but if they DO, then Dad can't bring wife number 2 to the USA.

 

Ok they may or may not take all of the evidence in concideration then that they are still together as marriage and he only civil divorce her to get another person in on visa

18 minutes ago, arken said:

Where did the divorce happen? In the US with both (your mom and dad) present during the divorce proceedings?

United states

No , my dad had the documents at home forced her to sign he took it to curt house and dropped them off week later he collected with judge signature. No one appeared in court . My mom took the civil divorce documents to imam and sharia council they told her this divorce isn’t recognized so she is half married . My mom had court marriage and nikka in Pakistan. They instructed that my mom can apply for khula with the civil divorce documents . But she refused and they instructed her she is still Islamic married and she can’t marry anyone else till talaq or khuka filed

My father forced my mom for civil divorce , he wanted to take a second wife in the home country. My mom and dad are still islak married because English divorce isn’t recognized Islamic marriage (my mom went to scholars of islam this is what they all told her including my dad) so she is in a limping marriage is what its called. It turned out my dad already had a second  wife  he could not register the marriage because he needed civil divorce papers. He returned back to Pakistan this year and registered his marriage with this years date on it . My mom and dad live together as a married couple bills mortgage ext. my mom has texts messages from my dad and family that they are still married Islamic and he isnt going to leave my mom . Also messages that he loves her ext. thus second wife contacted me i asked her questions like u been married to my dad over a year and she admitted it . I also ask her why her parents married her to a married man . She said it wasn’t only anout the citizenship money but his family has good hart. Polygamy is illegal we are practicing Muslims my question is can my mom and us take all the evidence we have text messages bills mortgage car insurance ext and letter if explanation that they are still living in a marriage union can my mom stop that other women coming here. He just applied for her visa. And the address on the visa is the same address my mom and dad live together. ? Can anything be done to stop this.