Legal Question in Immigration Law in Pakistan

Hi,

My father now a in US Citizen

Married my Pakistani mother when my father lived in Pakistan on 26-3-1990

He had 3 children

me in 1993

my sis in 1994

and my bro in june 1996

Than my father divorced my mother on december 1997

He went to USA on 1998 and there he married a US woman in 2000 and he also showed the divorce paper of Pakistani court that he has divorced my mother in 1997 along with three kids but he takes care of all the expenses of kids and my mother

than he divorced that US woman in 2010

Now this year 2014 my father has filed form i-130 petition for immigration for me, my brother, my sister, and my mother (whom my father gave divorced on 1997).. In that petition we gave them our birth certificates (all 4 of us), court Marriage certificate of 1990 of my father and mother, naturalization papers of my father US Citizenship, my father's proof of US Citizenship, copy of green card of my father only

First we got acceptance letter from INS for all 4 of us, than INS took time to check our history, now INS has sent us letters, in which they are requesting for evidence.

Everything is perfect we can show them everything have asked for because thanks GOD we have got all of that.

But there is a small confusion in my mother's letter

they are asking for the local TALAQ NAMA which is made by the head of Mosque or any other religious person (We are MUSLIMS), we don't have that TALAQ NAMA, we only have that court divorce paper which we didn't give them at the time of filing the petition because we already knew that that is already in their system.

Now the question is is my mother is still eligible for the immigration (i-130) on the basis of my father US Citizen? Because they have sort out their problems now. Is my mother still called my father's spouse? Is INS going to issue her i-130 immigration for the spouse? Please kindly let us know. Thank you.

I live in Pakistan along with my mother and siblings, our dad lives in USA


Asked on 1/07/15, 9:09 am

1 Answer from Attorneys

If at the time of first divorce, only a single divorce was pronounced and thereafter your father reconciled with your mother within her Iddat period then she is still his wife and then no need to mention her status as divorcee rather in documents your father can write her status as his wife.

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Answered on 1/07/15, 7:14 pm


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