Father married 2 women at same time - I-130 for half brother question

A

adnanusa

Registered Users (C)
Hi All,

I need some answers please for anyone who has experience in this.

I recently became a US citizen via marriage, and now I am planning to apply I-130 for my two half-brothers (from my father's side) who lives overseas.

From USCIS website it say the following:

"If you and your sibling have a common (biological) father but different mothers (i.e. you are paternal half-siblings), please also submit:

  • Copies of the marriage certificates of the father to each mother, AND
  • Copies of documents showing that any prior marriages of either your father or mothers were legally terminated. "

Now here is my problem and here are the facts of the concern:

- In my original country you are allowed to marry two women at the same time. This was my father's case, so my father didn't divorce my mom and therefore we don't have any documents that shows that my parents marriage was legally terminated.

- My father passed away 3 years ago and I have his death certificate.

- I have in hand a copy of my father's marriage certificate for both my biological mom and my step-mom but of coarse no divorce certificate since he never divorced my mom.

- My little brothers ages are 9 and 14. I am hoping by the time the they are 25+ they will get their green cards in hand.

Please assist on how you think I should proceed with this application. Any suggestions will be really appreciated.


Cheers,

~P
 
adnanusa said:
Hi All,

I need some answers please for anyone who has experience in this.

I recently became a US citizen via marriage, and now I am planning to apply I-130 for my two half-brothers (from my father's side) who lives overseas.

From USCIS website it say the following:

"If you and your sibling have a common (biological) father but different mothers (i.e. you are paternal half-siblings), please also submit:

  • Copies of the marriage certificates of the father to each mother, AND
  • Copies of documents showing that any prior marriages of either your father or mothers were legally terminated. "

Now here is my problem and here are the facts of the concern:

- In my original country you are allowed to marry two women at the same time. This was my father's case, so my father didn't divorce my mom and therefore we don't have any documents that shows that my parents marriage was legally terminated.

- My father passed away 3 years ago and I have his death certificate.

- I have in hand a copy of my father's marriage certificate for both my biological mom and my step-mom but of coarse no divorce certificate since he never divorced my mom.

- My little brothers ages are 9 and 14. I am hoping by the time the they are 25+ they will get their green cards in hand.

Please assist on how you think I should proceed with this application. Any suggestions will be really appreciated.


Cheers,

~P
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Normally, because you are “paternal half-siblings” (the common parent being your father), you would provide documentation to U.S. Citizenship and Immigration Services (USCIS) showing that your father was once married to your mother, that their marriage has legally ended, and that he has married your half-siblings’ mother (and that if she was ever married, that marriage, too has legally ended). However, given the Polygamy aspect of your case related to your father, you certainly should consult with an experienced immigration lawyer.
 
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I appreciate the feedback, but the reason I put my question in this forum is because I am pretty sure there are many experts in this field and I would love to hear their feedback and opinion.


Cheer,

~P
 
adnanusa said:
I appreciate the feedback, but the reason I put my question in this forum is because I am pretty sure there are many experts in this field and I would love to hear their feedback and opinion.


Cheer,

~P
Click to expand...
As you are seeking reliable legal advice to on a complex legal immigration question, your best choice will be to consult with an experienced immigration attorney who will review case law and guide you accordingly. Good luck.
 
Adnan,

Relax. You are applying for your half brothers. The waiting time is 14+ yrs before they can dream of a GC. It's OK.
 
ducubarosso said:
Adnan,

Relax. You are applying for your half brothers. The waiting time is 14+ yrs before they can dream of a GC. It's OK.
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No, I don't believe this case is as straightforward as you seem to suggest. Official USCIS instructions for US Citizens:
https://www.uscis.gov/family/family...blings-live-united-states-permanent-residents
which include following instructions:
"If you and your sibling have a common (biological) father but different mothers (i.e. you are paternal half-siblings), please also submit:
* Copies of the marriage certificates of the father to each mother, AND
* Copies of documents showing that any prior marriages of either your father or mothers were legally terminated.
Note: If your name or your sibling’s name has changed, please include proof of the legal name change (may include marriage certificate, divorce decree, adoption decree, court judgment of name change, etc.)."
Therefore a specific review of case law would be required. You are right concerning any F4 classification in case of I-130 approval, of course.
 
I think whichever is the second marriage would be invalid in the eyes of the US. This means that one brother would be considered to be born in wedlock, and one would be considered to be born out of wedlock. 8 CFR 204.2(g)(2) covers evidence for a brother or sister. For the child born in wedlock, the evidence is pretty straightforward (birth certificate + marriage certificate of parents). For the child born out of wedlock, the evidence needed depends on whether the child was legitimated (under the law of the country of residence) or not.
https://www.law.cornell.edu/cfr/text/8/204.2#g_2
I believe that if the country allows multiple marriage, and the child was born into one of those marriages, then that child would probably have been considered to be legitimate under that country's laws? If so, then all that is needed is to show that the child was legitimated according to the country's laws before the child turned 18.

If the brother that was born out of wedlock is considered to be illegitimate, then evidence that is needed include evidence that the father had a bona fide relationship for the child, and was involved in their life, provided support, etc. A birth certificate listing the father's name helps.
 
newacct said:
I think whichever is the second marriage would be invalid in the eyes of the US. This means that one brother would be considered to be born in wedlock, and one would be considered to be born out of wedlock. 8 CFR 204.2(g)(2) covers evidence for a brother or sister. For the child born in wedlock, the evidence is pretty straightforward (birth certificate + marriage certificate of parents). For the child born out of wedlock, the evidence needed depends on whether the child was legitimated (under the law of the country of residence) or not.
I believe that if the country allows multiple marriage, and the child was born into one of those marriages, then that child would probably have been considered to be legitimate under that country's laws? If so, then all that is needed is to show that the child was legitimated according to the country's laws before the child turned 18.

If the brother that was born out of wedlock is considered to be illegitimate, then evidence that is needed include evidence that the father had a bona fide relationship for the child, and was involved in their life, provided support, etc. A birth certificate listing the father's name helps.
Click to expand...


I think this was really excellent information and it actually does make sense. Thank you
 
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