Totally lost

[vegasray44 0]

I am totally confused...I thought I divorced wife #2 in 1987. I married a Dominican woman in 2008 only to find out that the divorce was never finalized. When I had my interview for my Dominican wife's visa in June 2013 I was turned down on the grounds that I was still married to wife #2. Wife #2 died in July 2013 which I did not find out until I withdrew my petition. Here in Florida my marriage to the Dominican wife is considered void with no divorce necessary. I am free to remarry, but my wife says I must divorce her in the Dominican Republic in order to remarry her. I am totally lost does anyone know what to do? Any help would be welcome

[JohnR! 5,495]

You need to annul the marriage you contracted while your former wife was still alive.

[aaron2020 11,651]

Hi,

You are dealing with two legal systems.

Under US laws, your current marriage is not valid for immigration purposes since you committed bigamy (unintentionally).

Under DR laws, you are married.

You need to reconcile the two different legal system. You need to divorce under DR laws and then enter into a marriage that does allow the US to issue a visa to your current wife.

Best of luck.

[Dohan 133]

Also, once you divorce your current wife under the DR laws, just have her come here under a tourist visa and get married in US so you don't have to wait another year for I 130. You'll be able to file for AOS this way.

[Merrytooth 5,748]

Also, once you divorce your current wife under the DR laws, just have her come here under a tourist visa and get married in US so you don't have to wait another year for I 130. You'll be able to file for AOS this way.

Tsk Tsk.... That is advocating Fraud!

[Dohan 133]

Tsk Tsk.... That is advocating Fraud!

it will still be a bona fide marriage. No fraud there.

[Merrytooth 5,748]

it will still be a bona fide marriage. No fraud there.

Using a Tourist visa to enter US with the intention to adjust status and stay is FRAUD.

[Dohan 133]

Using a Tourist visa to enter US with the intention to adjust status and stay is FRAUD.

Who is to say that was her intention. If there is no evidence of this intention, there is no issue. It has to be a bona fide marriage. End of.

I know what you're trying to say but let's call things what they are. He did everything by the book. His previous wife passed away and his marriage to her was not even recognized by US law anyway. Why should his current relationship suffer when he has done everything by the book to begin with.

[Merrytooth 5,748]

Who is to say that was her intention. If there is no evidence of this intention, there is no issue. It has to be a bona fide marriage. End of.

I know what you're trying to say but let's call things what they are. He did everything by the book. His previous wife passed away and his marriage to her was not even recognized by US law anyway. Why should his current relationship suffer when he has done everything by the book to begin with.

It is unfortunate that the OP has to redo all the immigration process which is also partly due to his negligence for overlooking his divorce process. He should be doing everything correctly and above board to avoid further missteps.

I will report your post as advocating fraud.

I am sure you will have no problem using a tourist visa to come over and AOS if you are granted one.

Edited July 17, 2014 by Merrytooth

[aaron2020 11,651]

Who is to say that was her intention. If there is no evidence of this intention, there is no issue. It has to be a bona fide marriage. End of.

I know what you're trying to say but let's call things what they are. He did everything by the book. His previous wife passed away and his marriage to her was not even recognized by US law anyway. Why should his current relationship suffer when he has done everything by the book to begin with.

Don't you think his current relationship would suffer if she is charged with immigration fraud?

How is using a non-immigrant tourist visa to immigrate doing things by the book?

Since you do not believe it is immigration fraud, should she tell the CBP at the POE that she intends to adjust if they admit her to enter on the tourist visa? Just answer this one question - should she disclose her plan to CBP?

[Penguin_ie 5,992]

***** Using a tourist visa to move to the USA with the intention of immigrating is visa fraud. This discussion will end. Visajourney does not support, advocate, or advice on illegal activity in any way. ******

[vegasray44 0]

Folks, No fraud intended. As a matter of fact I want to do everything totally legal. I just wasn't sure what the laws were down in the Dominican Republic. I am trying to find out everything I have to do so I don't end up paying fees for interviews with the Homeland security again and again only to find out that I didn't do some little thing...thanks again

[Jawaree 717]

Now that wife # 2 is dead. Y would there have to be a divorce ?

an annulment, then re-marry, its misrep to enter the USA as a tourist

intending to immigrate, that's the reason legitimate cases are at times

delayed as some ppl tries to jump the ione by any means necessary.

and that helps to have their countries fall in high fraud country bracket

with USCIS

[raven52 233]

To me, I would get her here the best way I could, and what the USCIS is doing at the TSC is fair to its filers, compared to CSC?

Good luck, be with your loved one as soon as you can, life is short, do not waste it.

[averageguy6 22]

If you are not married under USA law and you get annulment from her under Dominican law..the fastest and legal way to get her here would be to apply for a K1 Visa once she is unmarried.

She would be your fiancee. K1 visa would be faster than post marriage visa.

The tourist visa would never be granted because she is not a tourist, but a potential immigrant. Even a student visa can be revoked if they discover your actual intention is to be an immigrant at Point of entry. I read a great story about a case like that. The student made the mistake of blabbing to the officer that some relative was applying for an immigrant visa for him....and the officer immediately refused entry. Then the guy entered without inspection and went to school anyway....now he is married to a US Citizen and having to get a waiver to adjust status....with a history of misrep, entry without inspection, and illegal presence.....doable but no fun.

OP wants to do it right....fastest could be the K1.