meauxna

That is between them and their Imam.
No, a legal marriage will. The nikkah is not sufficient for a legal marriage in the US on its own. They would not qualify for a civil marriage license if he is still legally married.
Until they are legally married, there is no immigration benefit available for her. When they are legally married, he can petition for her and she can wait for a visa number. The current wait for a visa number for that category is about 4-5 years.

Sir Denis Eaton-Hogg

Something I forgot.

You need to clarify if you plan to have a public nikkah 'ceremony' simply for 'show' without any legal standing,or actually undertake a full nikkah and sign a contract.

In the US, the Imams of the Islamic centers or someone authorized by the Islamic centers can legally officiate a Nikkah. Some states require that the person who perform the marriage must also be a justice of peace, or a judge or a licensed clergy. In many states it is illegal for an unlicensed person to perform 'marriages'. If such a legally recognized person is officiating your nikkah you are likely for all intents and purposes to be assumed to be getting married in legal terms.

In the US you have to obtain a marriage license and register the marriage BEFORE any actual marriage ceremony. No marriage in the US is recognized as legal marriage unless it is registered.

Some Muslims do not follow these procedures. They say that in Islamic marriage paper work is not necessary, or not Halal, but again this is ILLEGAL under US law.

JCraigFong

There are two principles at work here.

First, general US immigration rule is: a marriage or divorce are valid for US immigration purposes, if they are legally valid and recognized where they were celebrated or ordered. I have handled a number of customary marriages and divorces for immigration purposes in my time, from Somalia, Bangladesh, and Ethiopia

So the first question becomes: is a nikkah recognized for CIVIL LAW purposes under UK law. If so, the presumption is that it would be recognized for US immigration purposes. If not, you will have a fight to get it recognized.

Second, there ARE jurisdictions where marriage and divorce documentation follow ancient, religious, or customary practice -- e.g., Bangladesh, in which marriages may be dissolved under Muslim law without recourse to legal procedures. Sometimes marriages and divorces in such countries are recorded with a Qazi, and for the purposes in that country, that recording is "legal." If a Bangladeshi gets a divorce in Bangladesh, and s/he bring the divorce to the UK, the question becomes: does the UK recognize such divorces?

Under the circumstances described here, it sounds like the divorce under discussion would take place in the UK. If it's not a decree absolute, but is instead some "customary" or religious divorce, will the UK recognize?

--J Craig Fong
Los Angeles, CA

fatbrit

I know we were incredibly influential and had an empire under which the sun never set and all that, but I don't see where UK law comes into the OP's issue at all, counselor.

American law, certainly -- and I am well aware of the connections between the American and English legal systems. Italian law, maybe. The law of the country where Muslim Man (he doesn't state) is resident, possibly. But where did good old UK law come into it?

JCraigFong

Counsel would direct you to the dicta in his last posting; that is, US immigration law will (generally) give recognition to a marriage or divorce if said marriage or divorce is LEGAL WHERE CELEBRATED OR ORDERED. So: if the Muslim Man is getting married or has gotten divorced in the UK, and has done so using a shari'a or other Muslim rubric, then UK law is very much implicated. And the question remains: are such customary marriages and divorces recognized as legal under UK law?

Now: if I have misunderstood the OP's question, and the Muslim Man has gotten his divorce ELSEwhere, OUTside the UK, then the original stated principle obtains: marriages and divorces are, for US immigration law purposes, generally valid if they are valid where celebrated.

--J Craig Fong

fatbrit

This fat git of a layman searches in vain to find OP's connection with the United Kingdom, or even the realms and dominions beyond the seas. I know my eyesight is failing and I'm far too vain to wear spectacles, but I still don't see Muslim Man's connections with UK law. Anywhere!

JCraigFong

I have just reviewed the postings in this thread, also, and your point is taken. I had frankly assumed that, having been posted on British Expats, that the connection to the UK was there. My bad.

The principle for all these marriages and divorces still obtains. If they are valid where celebrated, they are generally valid for US immigration purposes.

--J

fatbrit

The British generally have a good record of tolerating johnny foreigner. As long as s/he knows his/her place.

Ramna

Stop arguing you two, please! The civil marriage was held in UK an so does the divorce proceeding.

Yes, they live in US since 1996.

Ramna

Let's recap...
I know that until the previous marriage won't be over, we cannot get married neither in US, nor in Italy nor anywhere else. First the divorce has to be granted and then marriage. But as earlier explained the possibility of performing a Nikkah ceremony came in respect of his parents, in the event I'll reach him (for the allowed period of time) before the divorce is final, only because it will be difficult for his parents to accept us living together otherwise.

But in our circumstances perhaps it will be more advisable waiting for the divorce so that we can legally marry and start the required procedures.
4/5 years is a lot, man!

Thanks to meauxna, Noorah, Sir Danis and all of you for all your comeback!

ian-mstm

You missed the important bit... how old is he?

Ian

Ramna

Why is this important to know?

ian-mstm

You know what... it's not important... so never mind.

Ian

fatbrit

I'm still wondering about the validity of the initial petition. USC parents petition for married or unmarried son? Son then marries or was married already?

meauxna

Why is it important to withhold? Different age = different category of immigration.