HELP MY CASE IS NVC, FOUND OUT MY PREVIOUS DIVORCE IS NOT FINAL

[LOLAs 1]

I AM A USC AND MY HUBBY CASE HAS REACHED NVC BUT I JUST FOUND OUT THAT MY PREVIOUS DIVORCE DOC MIGHT HAVE BEEN ISSUED BY AN INAPPROP AUTHORITY, WHICH IMPLIED D DIVORCE MAY NOT BE FINAL, WHAT DO I DO? TELL NVC OR WAIT THE COURSE

[johndecka 0]

I AM A USC AND MY HUBBY CASE HAS REACHED NVC BUT I JUST FOUND OUT THAT MY PREVIOUS DIVORCE DOC MIGHT HAVE BEEN ISSUED BY AN INAPPROP AUTHORITY, WHICH IMPLIED D DIVORCE MAY NOT BE FINAL, WHAT DO I DO? TELL NVC OR WAIT THE COURSE

Divorced certificate wasnt issued from the court??

What you mean by Inapprober authority?

If the divorce isnt final,the mite have to cancel NVC process and may have to re-file I-130 after U OBTAINED the Genuine Divorcer certifiicate.

GOOD LUCK

[LOLAs 1]

I AM A USC AND MY HUBBY CASE HAS REACHED NVC BUT I JUST FOUND OUT THAT MY PREVIOUS DIVORCE DOC MIGHT HAVE BEEN ISSUED BY AN INAPPROP AUTHORITY, WHICH IMPLIED D DIVORCE MAY NOT BE FINAL, WHAT DO I DO? TELL NVC OR WAIT THE COURSE

Divorced certificate wasnt issued from the court??

What you mean by Inapprober authority?

If the divorce isnt final,the mite have to cancel NVC process and may have to re-file I-130 after U OBTAINED the Genuine Divorcer certifiicate.

GOOD LUCK

it must have been from my ignorance about the law, it was obtained from a customary court rather than an high court. i found out while putting the iv application together. the initial marriage was from a foreign country that has such types of court I did not realize that i thought a court is just a court

[MaxOnline 0]

Well, Did you send the Divorce Decree in the I-130 package? or you just omitted that? did you type the previous marriage's information in the form I-130? if you did write the info and sent the I-130, how come they didn't ask you for a RFE before the approval? did the NVC contact you and told you "Please get us a final Divorce Decree", plus how come the USCIS did not ask you that and just approved your case and forwared it to the NVC?...Excuse me, I don't believe you just found out that the Divorce was final.... but as long as you were trying to omit that you're SCREWED!

Edited February 22, 2009 by MaxOnline

[KAT&Allie 0]

I'm a bit confused here . OK, I don't have a clue about divorce procedures but if your previous divorce isn't final, how can your current marriage be valid? I assume you are if you are filing I-130... Doesn’t that make you a polygamist? (No offence meant, just a bit confused…)

[pushbrk 12,881]

I'm a bit confused here . OK, I don't have a clue about divorce procedures but if your previous divorce isn't final, how can your current marriage be valid? I assume you are if you are filing I-130... Doesn’t that make you a polygamist? (No offence meant, just a bit confused…)

I think when the OP is confused, we can all get confused. Assuming the previous marriage was declared in the petition and a divorce decree was also submitted, the divorce has been deemed legal and final by USCIS, just as it was by the jurisdiction that performed the current marriage. I fyou are SURE the previous marriage is still valid and only if you're SURE, then you need to withdraw your petition, cease and desist on this visa process, obtain two divorces and a remarriage, then file again.

Be sure.

[Sylvia_n_Joseph 3]

There are several issues. The biggest is she isn't legally married to the man she petitioned for. Right now there is a time for a good lawyer. As to what to do with the petition , my first thought is cancel it and get divorced and then remarry your current spouse and then refile. Even though that puts a big delay in getting reunited it is better than if thet find out and ban him for life for misrepresentation.

[pushbrk 12,881]

There are several issues. The biggest is she isn't legally married to the man she petitioned for. Right now there is a time for a good lawyer. As to what to do with the petition , my first thought is cancel it and get divorced and then remarry your current spouse and then refile. Even though that puts a big delay in getting reunited it is better than if thet find out and ban him for life for misrepresentation.

The OP said "might not". Based on the facts, I think it's more likely, "probably is'. Let's not make the leap to certainty for her.

[I Miss Her 0]

I AM A USC AND MY HUBBY CASE HAS REACHED NVC BUT I JUST FOUND OUT THAT MY PREVIOUS DIVORCE DOC MIGHT HAVE BEEN ISSUED BY AN INAPPROP AUTHORITY, WHICH IMPLIED D DIVORCE MAY NOT BE FINAL, WHAT DO I DO? TELL NVC OR WAIT THE COURSE

In the year 2008, significant number of petitions (immigrant and non-immigrant) were found ineligible due to “misrepresentation” under INA act, section 212(a)(6)(C )(i) and quite a number of petitions were found ineligible under section 212(a)(10)(A)-Practicing polygamist

Interestingly, in the same year, under section 212(a) (1) (A) (ii)-Immigrant lacking required vaccinations, few immigrants also found ineligible.

[LOLAs 1]

thanks to u all that responded, including those that were cynical. i feel the previous marriage might not be final because it was obtained at a lower court rather than an high court. and after loosing a lot of sleepless night over it, i found out that the USCIS AND MAYBE THE NVC may miss it since they did not know the type of marriage that i had in the 1st place. Both NVC and USCIS do not refuse the customary court because it is generally acceptable but my fear is that the embassy abroad may reject it since they know what is acceptable in that country. In fact it was at their website that i was able to discover my error. And for those who care or thinks this is intentional, well it wasn't intenstional. In fact I had obtained the certificate since 7 years ago and I have been with my new hubby for 3 years before we even got married and initiate a petition. While i do not blame any1 for this mishap, I think i know where the error may be, the new marriage and the previous marriage were both performed in Nigeria, and the country clearly does not have a way to know whether you have been married before. I do not blame their authority because it does not make any sense for anyone to want to do that especially when you know that the law in the land do not allow that. I am a novice to the authority of customary and high courts and it is very hard for me to grasp what is happening to me right now. Now, the nigeria embassy might have a record for my previous marriage because i passed thru them 15 years ago before I become a naturalized USC in 2008. While some think that i am trying to catch myself before i get caught, i am simply just trying to be honest since i know the possible repercussion. I have gone through so many cases online and I do not feel so comfortable that something may happen at the embassy to my husband. I have faith that the embassy may not care what type of union i had previously because the customary certificate is genuine and not fake but i have this other feeling that they may request for my old marriage certificate which just make it look like I was trying to fool them. I felt that if that be the case they will not believe my honest mistake anymore and i will look like a liar since the consulate is known to be always skeptical of nigerians.

I thot of cancelling and wait for a new divorce certificate (5 months) which i had filed for through my lawyer in Nigeria who felt that the previous marriage is not final and that the embassy will not accept the customary in place of a high court divorce. I am just confused as to whether Ishould let NVC know about what is going on, my case has been with NVC for the past 2 months and they might have been wondering while it took me so long to submit the IV package after I have paid all the fees. The whole process of the need for 8 - 10 months to file again for my husband is also very tough on me. We have been apart for almost 6 years now in this long distance relationship and I cannot believe that a relationship of mine that has ended years ago is coming back to threaten my union today. I cannot say it any better than this, it is all too much to swallow to even consider that my marriage is VOID is very disturbing to me. I had a very beautiful wedding and happy life since the begining of this union and it just sickens my heart that this can be happening to me

[pushbrk 12,881]

thanks to u all that responded, including those that were cynical. i feel the previous marriage might not be final because it was obtained at a lower court rather than an high court. and after loosing a lot of sleepless night over it, i found out that the USCIS AND MAYBE THE NVC may miss it since they did not know the type of marriage that i had in the 1st place. Both NVC and USCIS do not refuse the customary court because it is generally acceptable but my fear is that the embassy abroad may reject it since they know what is acceptable in that country. In fact it was at their website that i was able to discover my error. And for those who care or thinks this is intentional, well it wasn't intenstional. In fact I had obtained the certificate since 7 years ago and I have been with my new hubby for 3 years before we even got married and initiate a petition. While i do not blame any1 for this mishap, I think i know where the error may be, the new marriage and the previous marriage were both performed in Nigeria, and the country clearly does not have a way to know whether you have been married before. I do not blame their authority because it does not make any sense for anyone to want to do that especially when you know that the law in the land do not allow that. I am a novice to the authority of customary and high courts and it is very hard for me to grasp what is happening to me right now. Now, the nigeria embassy might have a record for my previous marriage because i passed thru them 15 years ago before I become a naturalized USC in 2008. While some think that i am trying to catch myself before i get caught, i am simply just trying to be honest since i know the possible repercussion. I have gone through so many cases online and I do not feel so comfortable that something may happen at the embassy to my husband. I have faith that the embassy may not care what type of union i had previously because the customary certificate is genuine and not fake but i have this other feeling that they may request for my old marriage certificate which just make it look like I was trying to fool them. I felt that if that be the case they will not believe my honest mistake anymore and i will look like a liar since the consulate is known to be always skeptical of nigerians.

I thot of cancelling and wait for a new divorce certificate (5 months) which i had filed for through my lawyer in Nigeria who felt that the previous marriage is not final and that the embassy will not accept the customary in place of a high court divorce. I am just confused as to whether Ishould let NVC know about what is going on, my case has been with NVC for the past 2 months and they might have been wondering while it took me so long to submit the IV package after I have paid all the fees. The whole process of the need for 8 - 10 months to file again for my husband is also very tough on me. We have been apart for almost 6 years now in this long distance relationship and I cannot believe that a relationship of mine that has ended years ago is coming back to threaten my union today. I cannot say it any better than this, it is all too much to swallow to even consider that my marriage is VOID is very disturbing to me. I had a very beautiful wedding and happy life since the begining of this union and it just sickens my heart that this can be happening to me

Please enter your profile information including country etc. Sounds like you need a Nigeria specific answer. Please note though that you cannot simply obtain a divorce now and continue. If you need a new high court divorce proceeding, you also need to end your marriage to the petitioner as it would not be legal. First order of business is to determine whether your divorce is final enough to satisfy Lagos. You can simply delay the I-130 at NVC by not responding until you're certain of your marital status.

[LOLAs 1]

I130: VSC

CONSULATE: LAGOS, NIGERIA

[LOLAs 1]

thanks to u all that responded, including those that were cynical. i feel the previous marriage might not be final because it was obtained at a lower court rather than an high court.

Please enter your profile information including country etc. Sounds like you need a Nigeria specific answer. Please note though that you cannot simply obtain a divorce now and continue. If you need a new high court divorce proceeding, you also need to end your marriage to the petitioner as it would not be legal. First order of business is to determine whether your divorce is final enough to satisfy Lagos. You can simply delay the I-130 at NVC by not responding until you're certain of your marital status.

THANKS. I JUST FELT LOSS THAT IS WHY.

[Sylvia_n_Joseph 3]

Being that you are dealing with Nigeria you can be sure that they will know at the embassy about what is a correct divorce there. Nigeria is a tough country. You need to check someone that knows the right answer. My experience is that everyone "knows" what the embassy will accept but it is normally because they heard of someones brother uncles neighbor that knew it. I would hate for you be delayed but a delay is needed here at least until you know your divorce status

[LOLAs 1]

thanks to u all that responded, including those that were cynical. i feel the previous marriage might not be final because it was obtained at a lower court rather than an high court.

Please enter your profile information including country etc. Sounds like you need a Nigeria specific answer. Please note though that you cannot simply obtain a divorce now and continue. If you need a new high court divorce proceeding, you also need to end your marriage to the petitioner as it would not be legal. First order of business is to determine whether your divorce is final enough to satisfy Lagos. You can simply delay the I-130 at NVC by not responding until you're certain of your marital status.

THANKS. I JUST FELT LOSS THAT IS WHY.

MY LAGOS LAWYER TOLD ME THAT I DO NOT NEED TO DIVORCE MY HUBBY THAT THE UNION WAS NOT RECOGNIZED UNDER THE LAW IN THE 1ST PLACE SINCE I DO NOT HAVE A DIVORCE ABSOLUTE FROM THE 1ST MARRIAGE