Alex G33453425

Ahh I see, wife is the derivative not the principal.

Is there any way we can express regret for this infraction and appeal this? Would hiring an immigration attorney help at all? Or is this a lost cause? Seems like there isn't much we can do from previous answers but petitioner is telling me that she wants to hire a lawyer 🤷‍♂️. 

I was copying text from the relative and their English is poorer than mine and they mixed up the genders (he/she) and I just went with it thinking what different does it make. And changed wife to husband. But I guess reading back it doesn't make sense. So to be clear, *He* is the principal applicant and was married before. His divorce wasn't finalized from previous marriage before the current marriage. So he was married to two people (for about a week) and that's why his current marriage isn't valid. So I guess they're not married per US law since it doesn't recognize more than one marriage at a time? So I guess you're right. HE is not married per US law. 

Exactly. 
 
Even if his other divorce would have been finalized 1 day, 1 min, 1 month before the interview, his current wife would still have been denied visa. Why? 2 marriages overlapped. 
 
For you to benefit, there shouldn't be any overlap, regardless that there's one ongoing divorce case. US divorce and marriages are dependent, nor independent. One has to end before the other starts. 
 
While you can remarry in Pakistan while your current divorce is processing, if you're to seek US immigration benefit, there shouldn't be any overlap. If overlap occurred years ago when you had no interest in going to US, but now things have changed, you'll still have to divorce current wife, then remarry her to seek benefit. Dates can't overlap 

It doesn't sound like he's ineligible for a visa. It's his 'wife' that is, as they're not legally married so she cannot get a visa as a derivative.

Is there any way we can express regret for this infraction and appeal this? Would hiring an immigration attorney help at all? Or is this a lost cause? Seems like there isn't much we can do from previous answers but petitioner is telling me that she wants to hire a lawyer 🤷‍♂️. 

No appeals.   The denial was correct application of the law.
 
You will have to start over from scratch.

That’s a futile argument as the consulate relies on US laws, not the applicant country’s laws. “About to be finalized” is not the same as fully finalized so CO is right about that as well.

 
They can’t travel on the same case as the marriage was/is not valid at the time of adjudication and there is no basis for him to travel as a spouse on a F4 case.

 
I believe that’s the only option. The wife will have to sponsor the husband. Keep in mind it takes 5+ years for a Lawful Permanent resident to sponsor a spouse. 
 
 

The US Embassy, though in Pakistan, is an extension of USA. When you step inside the embassy gates, you're technically supposed to follow US laws. That's how politicians used to claim asylum back in the days. 
 
Now, polygamy is legal in Pakistan but not US. So, not sure what your relative was arguing about. Infact, he or she can't marry and bring 2 spouses successively to US because "polygamy is legal in my religion."

No, they did not have a lawyer and by the time I (relative, non-petitioner) noticed it their interview was due in a few days. There was nothing we could've done at that point. 

Looks like Applicant won’t be traveling soon either due to AP. Definitely do the divorce from current spouse now  , remarry so that when Applicant finally gets visa and enters the US, she can file I-130.
 
Did they use an attorney to file this case ? Did anyone review these documents when sent to NVC? Hard for me to imagine NO ONE knew of the date problem until the interview.