My cousin was married to a man 14 years ago. After birth of her child she came to know that the man had his first wife and kids too. After this my cousin never lived together with him. Her child from him is now is twelve years old . From our sources we came to know that man had died three years back. The whereabouts of person are unknown and death certificate could not be procured . My cousin is planning to marry a U S citizen and take her child along. Please guide how can she marry and clear childs status for smooth visa approval.
As per the detailed given by you , no legal seperation of your cousin and her husband is done. However the marriage of your cousin was not valid as her husband already having first wife but no such proof and any declaration regarding void of marriage is taken so marriage is valid. If husband of your cousin is died , you must get death certificate. Even for marrying US Citizen your cousin will have to produce divorce or widow certificate in order to register there marriage in US or in india legally.