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DV 2015 KENYA SELECTEES FORUM

Kituo cha sheria (A government funded Non Governmental body) always draw affidavits for free and also give legal advise for free.Why not pop in and have your affidavit in your pocket.Just incase...if it were not necessary,then you would not be having all this anxiety-Tension & anxiety at the Embassy can breed something else (more interrogation) and no one in this forum will be close to make a brief for you.
Thanks Simon. God bless
 
So USAmommy2015, might well be delivering a baby in USA but there is no way I will pay $10,000 to have my baby. My Kenyan insurance will not chip in either as I have a maternity cover of less that $1000. I heard how far that gets you on this forum. My question is, with an Oct due date and arriving in July (if I go current in June) can CHIP pay my bill. Is that a bad thing? Will it affect me in the long run? Note I will have been in the USA 3-4 months only and I dont want to sell my house to pay for a delivery. Will insurance cover me if I buy a cover? In Kenya we have a 9 month wait before maternity cover kicks in.
 
So USAmommy2015, might well be delivering a baby in USA but there is no way I will pay $10,000 to have my baby. My Kenyan insurance will not chip in either as I have a maternity cover of less that $1000. I heard how far that gets you on this forum. My question is, with an Oct due date and arriving in July (if I go current in June) can CHIP pay my bill. Is that a bad thing? Will it affect me in the long run? Note I will have been in the USA 3-4 months only and I dont want to sell my house to pay for a delivery. Will insurance cover me if I buy a cover? In Kenya we have a 9 month wait before maternity cover kicks in.

You should research state by state. Someone reported a few years ago that having a baby as a new immigrant is almost free in Florida. I don't know if this is still valid but it's worth doing some research into...
 
So USAmommy2015, might well be delivering a baby in USA but there is no way I will pay $10,000 to have my baby. My Kenyan insurance will not chip in either as I have a maternity cover of less that $1000. I heard how far that gets you on this forum. My question is, with an Oct due date and arriving in July (if I go current in June) can CHIP pay my bill. Is that a bad thing? Will it affect me in the long run? Note I will have been in the USA 3-4 months only and I dont want to sell my house to pay for a delivery. Will insurance cover me if I buy a cover? In Kenya we have a 9 month wait before maternity cover kicks in.


I think you need to rethink your immigration date.

Firstly, I think there is a good chance you could go current in July, not June. Either way (June or July) you will have a visa date that will expire in November or December.

If you come to the States, you might be able to access medicaid, but you will have some complications that will be disruptive to your medical care. You need your SSN, you'll be setting up bank accounts, finding somewhere to live - all of that while heavily pregnant. Just finding your way around the area, finding your way around the system, learning how to access medical care - all of that will be stressful. Really - do you need that hassle?

Then there are the costs. If you take insurance you could choose a plan that would cover you immediately - but as I have explained before, most plans can land you with a pretty big bill. I just checked the ACA site and even the most expensive plans still would expose you to around $4000 in "out of pocket" expenses.

Oh and of course, if your visa is delayed for any reason (late interview, AP etc) you will have double the stress because you will have a plan in mind to deliver in the USA.

You will struggle to find work in the USA because you will be very obviously pregnant. Employers aren't allowed to discriminate - but common sense say they will.

You also will be new here so you won't have family around to help just after the birth (imagine if you had a C section).

So instead why not relax about the moving date. Plan to deliver at home where you have support network around you and you know the way things work. Have the baby, enjoy the first few weeks there and let your friends/family see the baby (kinder to them) and then plan the date just before the visa expiry date.

Just a thought.....
 
Am not a moderator or super moderator.....

going on the basis of your new revelation of being Islamic.. Yes we understand that your culture and customs do allow for you to marry more than one wife. And since at the point of doing traditional marriage to your second wife, you had not officially divorced your first wife,technically it you had two wives
however the question that i am asking my self is was the divorce and subsequent marriage done prior to entry for dv 2015 or after?
Am not a moderator or super moderator.....

going on the basis of your new revelation of being Islamic.. Yes we understand that your culture and customs do allow for you to marry more than one wife. And since at the point of doing traditional marriage to your second wife, you had not officially divorced your first wife,technically it you had two wives
however the question that i am asking my self is was the divorce and subsequent marriage done prior to entry for dv 2015 or after?
we did traditional marriage at their place prior to having entering the dv, my first wife went away n in Islam you stay away from your hubby for sometime without his consent or even by word that is as good as a divorce, now the certificate for both the divorce n marriage came out later due to various reasons for instance my
Am not a moderator or super moderator.....

going on the basis of your new revelation of being Islamic.. Yes we understand that your culture and customs do allow for you to marry more than one wife. And since at the point of doing traditional marriage to your second wife, you had not officially divorced your first wife,technically it you had two wives
however the question that i am asking my self is was the divorce and subsequent marriage done prior to entry for dv 2015 or after?
We had a tradition marriage prior to entering the dv according to their culture n at their place, later on is when we had the other
Bmmn has made the most valid point. Reez, who was you legally wedded wife on May, 5 2014 or on 30 october 2013?
My current spouse we already had done their cultural way of marriage at their place n put in mind prior to entering my daughter was about one year or more my daughter with her ofcourse. This was way after wedding her culturally
 
I think you need to rethink your immigration date.

Firstly, I think there is a good chance you could go current in July, not June. Either way (June or July) you will have a visa date that will expire in November or December.

If you come to the States, you might be able to access medicaid, but you will have some complications that will be disruptive to your medical care. You need your SSN, you'll be setting up bank accounts, finding somewhere to live - all of that while heavily pregnant. Just finding your way around the area, finding your way around the system, learning how to access medical care - all of that will be stressful. Really - do you need that hassle?

Then there are the costs. If you take insurance you could choose a plan that would cover you immediately - but as I have explained before, most plans can land you with a pretty big bill. I just checked the ACA site and even the most expensive plans still would expose you to around $4000 in "out of pocket" expenses.

Oh and of course, if your visa is delayed for any reason (late interview, AP etc) you will have double the stress because you will have a plan in mind to deliver in the USA.

You will struggle to find work in the USA because you will be very obviously pregnant. Employers aren't allowed to discriminate - but common sense say they will.

You also will be new here so you won't have family around to help just after the birth (imagine if you had a C section).

So instead why not relax about the moving date. Plan to deliver at home where you have support network around you and you know the way things work. Have the baby, enjoy the first few weeks there and let your friends/family see the baby (kinder to them) and then plan the date just before the visa expiry date.
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Just a thought.....

That is very sane advice and obviously I might not even go to the USA. However, I hope to be prepared for any eventuality.

The settling in doesn't bother me much because my husband will be around to do most of the work (and the occasional footrub). Also, My Uncle and First Cousins live in Mississauga, so we were thinking of staying around there (Buffalo) for the first three months so one of my cousins or my aunt can come help me if need be. (I researched and they're actually only 1.5 hours away, unless the border guys decide to delay them).

Secondly, I will only go initially to activate the green card and come back in (maximum) 3 months. It makes sense to have the baby there so the baby automatically gets and American Passport. Instead of waiting for the delivery in October when DV visas will be over. I know I can take the baby without a visa as the mom, but it would easily take me 3 months to get a passport for the little one and my visa would expire by then (My medicals even sooner). I cannot delay the medical much because an X-Ray is out of the question and sputum results will take longer. Also factor in that No airline will board a 7+ month pregnant woman, so I need to travel latest by August.

My family in Kenya would see the baby in a few months anyway... for a whole year, so its not like I am being mean.

Having lived in Canada, I know it would be worse to bring the baby in December, because I won't have a car and a small baby and public transport in the winter are not the best combination.

My only concern was reading about the medical bills starting at 18000$. Considering we are moving with $30,000 of which $10,000 is reserved for rent and bills, $10,000 for routine expenses and $10,000 for AOB. I don't think we could afford an out of pocket delivery. I had read up and found that pregnant women are covered under CHIP, but as you put it, I might not be completely settled. I could walk in to a clinic in labor and they would have to deliver me even if I didn't pay but then I'd be in debt right? I guess, I could just walk into a medicare office when I get to the States and TRY and figure things out. I should also try to save up a little more.
 
we did traditional marriage at their place prior to having entering the dv, my first wife went away n in Islam you stay away from your hubby for sometime without his consent or even by word that is as good as a divorce, now the certificate for both the divorce n marriage came out later due to various reasons for instance my

We had a tradition marriage prior to entering the dv according to their culture n at their place, later on is when we had the other

My current spouse we already had done their cultural way of marriage at their place n put in mind prior to entering my daughter was about one year or more my daughter with her ofcourse. This was way after wedding her culturally
One thing I don't understand is you keep referring to islamic traditions but you said earlier both your wives are Christian.
 
we did traditional marriage at their place prior to having entering the dv, my first wife went away n in Islam you stay away from your hubby for sometime without his consent or even by word that is as good as a divorce, now the certificate for both the divorce n marriage came out later due to various reasons for instance my

We had a tradition marriage prior to entering the dv according to their culture n at their place, later on is when we had the other

My current spouse we already had done their cultural way of marriage at their place n put in mind prior to entering my daughter was about one year or more my daughter with her ofcourse. This was way after wedding her culturally


@Reez

I , being from an Islamic background can assure you the type of Divorce you are referring to above is valid only if , the two of you have stayed separate for more than 7 years. So that is not counted as divorce, Do you have the (Talaq Nama) - Divorce deed ?? If its not on paper , word of mouth shall not count.

So you should have listed your first wife in the edv if you weren't divorced at that time.

I agree with @Bmmn @usamommy2015 and what the super moderators @SusieQQQ @Britsimon have said.

Regards
 
@Reez

I , being from an Islamic background can assure you the type of Divorce you are referring to above is valid only if , the two of you have stayed separate for more than 7 years. So that is not counted as divorce, Do you have the (Talaq Nama) - Divorce deed ?? If its not on paper , word of mouth shall not count.

So you should have listed your first wife in the edv if you weren't divorced at that time.

I agree with @Bmmn @usamommy2015 and what the super moderators @SusieQQQ @Britsimon have said.

Regards
So who issued the divorce papers,the kadhi? and why,considering the 7 years duration had not lapsed...
 
So who issued the divorce papers,the kadhi? and why,considering the 7 years duration had not lapsed...

Hi @Simon , You see there are different types of divorce in Islam , the one he referred to, of Wife leaving the Husbands' house and its counted as divorce wasn't just that, there's more to that kind of divorce, meaning - If they were to Divorce on that basis is when they haven't consummated in seven years and are living apart. But since it's not been seven years, it cant just be assumed that the couple is divorced. They need to put it on paper.

Had they been living apart for seven years (and not consummated in those 7 years) at the time of Edv application ,then yes, it can be said they were already divorced according to Islamic law.

There are like 7 types of divorces in Islam. This is just one of them.

Hope I didn't confuse you :p
 
Hi @Simon , You see there are different types of divorce in Islam , the one he referred to, of Wife leaving the Husbands' house and its counted as divorce wasn't just that, there's more to that kind of divorce, meaning - If they were to Divorce on that basis is when they haven't consummated in seven years and are living apart. But since it's not been seven years, it cant just be assumed that the couple is divorced. They need to put it on paper.

Had they been living apart for seven years (and not consummated in those 7 years) at the time of Edv application ,then yes, it can be said they were already divorced according to Islamic law.

There are like 7 types of divorces in Islam. This is just one of them.

Hope I didn't confuse you :p

The Islamic laws sound like a complete shambles.

And this case is pretty shambolic too.

  1. So there are Christian rules in play (because the wives are Christian).
  2. Reez is a one woman guy, but wants to refer to the Islamic rules on divorce (although Dada says he is not correct).
  3. Kenya has their own rules and have even changed the laws in 2014 (meaning dates become important as to what Kenyan rules were in place at the time.
  4. Then Reez has demonstrated that he went by normal rules because in order to get married to wife B he knew he needed a legal divorce from wife A.
  5. An American CO is expected to make a decision when faced with all that confusion and in front of Reez who is going to be explaining all of the above.

Like I said before - I don't expect a successful outcome. So - Reez, if you can afford to risk the money for medicals and application fees, you may decide to go ahead - but just be clear - it is (at very least) a gamble.
 
So who issued the divorce papers,the kadhi? and why,considering the 7 years duration had not lapsed...
... For divorce that is not documented I.e one that is not done through the courts,seven years of separation have to have lapsed. The divorce vide the courts doesn't have to wait for seven years to lapse
 
The Islamic laws sound like a complete shambles.

And this case is pretty shambolic too.

  1. So there are Christian rules in play (because the wives are Christian).
  2. Reez is a one woman guy, but wants to refer to the Islamic rules on divorce (although Dada says he is not correct).
  3. Kenya has their own rules and have even changed the laws in 2014 (meaning dates become important as to what Kenyan rules were in place at the time.
  4. Then Reez has demonstrated that he went by normal rules because in order to get married to wife B he knew he needed a legal divorce from wife A.
  5. An American CO is expected to make a decision when faced with all that confusion and in front of Reez who is going to be explaining all of the above.

Like I said before - I don't expect a successful outcome. So - Reez, if you can afford to risk the money for medicals and application fees, you may decide to go ahead - but just be clear - it is (at very least) a gamble.
@Britsimon your point, observation and analysis is quite comprehensive.i too saw it through that eye,things not adding up - and probably @Reez sees the factor of the wives being Christian as an escape root, during the formulation of the current constitution, this element of Islamic and Christian couple coming together (to me I cannot term it a marriage since none has switched religion)Was The Most Contentious Clause As none (Constitution experts) Openly Gave Which Law(Tradition, Christian Or islam)That Will Apply Incase Of disputes.however If Reez Brings In The Civil Rules Into Play, he/She Might Have An Escape Root But If He Is Smart Enough.
 
@reez,my passionate request, there are many people in this forum who can help you out of this situation.some of the comments/grilling may seem discouraging but take them as an eye opener and a probable question from the consular himself.kindly be candid and do not release information piecemeal.
 
One thing I don't understand is you keep referring to islamic traditions but you said earlier both your wives are Christian.
It's because he able to see an opening window/loophole in the kenya constitution which he might capitalize on.am not sure about this though.i myself am able to see this.
 
I hope this does not amount to fraudulent way of acquiring a VISA.
I must say that due to to digital divide in Kenya and especially in the rural areas where I operated my IT business since year 2001.
I happened to be helping by filling and advising selectees on how to go about the DV process and out of the 200 selectees that got selected over that period,I came across many complex marriage issues(I MUST ADMIT that I bumped into this forum when I got selected and it has the most compressive answers.I highly commend it
N/B point
1) Almost 75% of all marriages in Kenya are not legalized, example ( I married in 1997 had my first child in 1998 yet legalized 9 years later-2006). and this the reason why
the CO in Nairobi asked me whether I had married before(because of late marriage certificate and whether i have others Kids beside the three she witnessed.@Reez.
2) Almost 90% of the selectees I mentioned above and who were married (some for over 10 years) had no marriage certificate at the time of receiving the 1st NL- What they
did is to arrange for a quick CIVIL/CHURCH marriage ceremony before they
received the 2NL (yet all got their VISAS) after being asked similar questions.
3) I know of cases where some had married before "divorced" remarried had children yet they found a way out and got their VISAS.
4) The bottom line is that @Reezas case is NO exemption-The lady in the ( 1st christian marriage) has agreed they are no longer together and being a
christian-They(former couple) can argue that the Civil marriage rules t should take precedence over Islamic and hence the argument that there was no marriage in the first place but
only a girlfriend boy friend relationship and the kid was out of the relationship and not a marriage.
CONCLUSION
Having said that,@Reez should get a marriage certificate (civil) with the second wife since nowhere did he mention the wives got converted to Islam AS PER THE REQUIREMENT to be considered a married couple through Islamic rules.

Kindly this a personal opinion and not a legal advise.Am neither a marriage expert nor an attorney

 
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