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

[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.

Here are some links that may be helpful.

http://www.uscis.gov/err/B9%20-%20Battered...008_01B9204.pdf

However, you might find this one the most definitive.

http://travel.state.gov/visa/frvi/reciproc...ocity_3640.html

Divorce Certificates

Civil Divorce: Only high courts have jurisdiction over civil divorces in any state in Nigeria except Imo state, where the Magistrate’s Court has jurisdiction. The proper documentation for the dissolution of a civil marriage is a “Decree Absolute” issued by the high court granting the divorce. Three other divorce documents, the “Enrolment of Order”, the “Decree Nisi” and the “Certificate of Decree Nisi Having Become Absolute” mark steps in the divorce process but do not indicate final divorce.

Customary Divorce: Marriage under native law and custom can only be dissolved by the customary court having jurisdiction over the area where the marriage took place. The proper documentation for customary divorce is a certificate of divorce rendered by a customary court, which will contain a true and certified copy of the proceedings”. There are two exceptions. Between 1971 and 1976, Anambra and Imo states, then known as “East Central State”, permitted Chief Magistrate’s Courts there to grant customary divorces. As of 1976, Imo state is the only state where Chief Magistrate’s Courts can issue customary divorce decrees.

Islamic Divorce: Islamic courts are the only courts having jurisdiction in dissolution of Islamic marriages.

Divorce by traditional rulers, affidavits and statutory declarations of divorce, even when authentic, have no standing under Nigerian law.

[LOLAs 1]

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

WELL, THANKS, I AM VERY AFRAID OF THAT EMBASSY AS WELL AND THAT IS Y I THINK I WANTED TO SATISFY THEM SO MUCH THAT I DISCOVERED THIS BEFORE IT GOT TO THEM. I KNOW THEY DON'T BELIEVE ANYTHING YOU TELL THEM BECAUSE I AM ORIGINALLY FROM NIGERIA, AND I DO NOT BLAME THEM SINCE PEOPLE HAVE THROWN SO MANY THINGS AT THEM JUST TO GET OUT OF THE COUNTRY. I PLAN TO TELL NVC THE WHOLE STORY TOMMORROW SINCE THE LAWYERS I HAVE SPOKEN TO FEEL THAT I SHOULD WITHDRAW THE PETITION. I BEAR MY HUBBYS NAME NOW AND EVEN HIS NAME IS ON MY USP AND ALL MY DOCS, I WILL JUST PRAY THAT GOD HOLD ME THROUGH THIS SHUT MY EYES AND DO WHATEVER NVC WANT ME TO DO

[Old Dominion 26]

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

If your first marriage was never recorded with the government, then it never existed except according to tribal custom. You should be OK.

[LOLAs 1]

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.

Here are some links that may be helpful.

http://www.uscis.gov/err/B9%20-%20Battered...008_01B9204.pdf

However, you might find this one the most definitive.

http://travel.state.gov/visa/frvi/reciproc...ocity_3640.html

Divorce Certificates

Civil Divorce: Only high courts have jurisdiction over civil divorces in any state in Nigeria except Imo state, where the Magistrate’s Court has jurisdiction. The proper documentation for the dissolution of a civil marriage is a “Decree Absolute” issued by the high court granting the divorce. Three other divorce documents, the “Enrolment of Order”, the “Decree Nisi” and the “Certificate of Decree Nisi Having Become Absolute” mark steps in the divorce process but do not indicate final divorce.

Customary Divorce: Marriage under native law and custom can only be dissolved by the customary court having jurisdiction over the area where the marriage took place. The proper documentation for customary divorce is a certificate of divorce rendered by a customary court, which will contain a true and certified copy of the proceedings”. There are two exceptions. Between 1971 and 1976, Anambra and Imo states, then known as “East Central State”, permitted Chief Magistrate’s Courts there to grant customary divorces. As of 1976, Imo state is the only state where Chief Magistrate’s Courts can issue customary divorce decrees.

Islamic Divorce: Islamic courts are the only courts having jurisdiction in dissolution of Islamic marriages.

Divorce by traditional rulers, affidavits and statutory declarations of divorce, even when authentic, have no standing under Nigerian law.

Thanks this is exactly what i ran into on the coutry reciprocity page that threw me off balance. I went in and grab my divorce certificate and staring back at my face was the CUSTOMARY divorce decree, but the problem is that of the first paragraph, the my previous marriage was a Civil union and ONLY the high court may dissolve it. So my marriage will be define as sham by the embassy if they found this out. but i don't know if the embassy have any knowledge about the type of marriage that i had in the 1st place... maybe God just want me to correct all the errors in my life and remarry my husband accordingly

[LOLAs 1]

how do i handle this life situation, my husband is very sad and i am depressed. it raises doubt about my entire person and life

[pushbrk 12,881]

how do i handle this life situation, my husband is very sad and i am depressed. it raises doubt about my entire person and life

I'm afraid I don't have any advice but to be as open and honest with your man as you can. If you had a civil union that is still valid, you are going to need a divorce and a remarriage to your new man and to begin the entire process over again. In short, you and your petitioner are not married and you are not currently free to marry. As such, you'll be starting over again AFTER you secure a legal divorce from the High Court in Nigeria. All fees already paid will need to be paid again. I haven't a clue whether this is something practical to have foreseen seven years ago.

[Sylvia_n_Joseph 3]

I don't know if there is anything like this in Nigeria but I know the is something here where they can backdate a divorce so that it is actually effective before the date it was signed. I am sure it isn't cheap to do that . It is legally referred to as nunc pro tunc meaning the signature now act like it occurred then.

I hope things get better for you my journey has been H-ll through Lagos

[LOLAs 1]

I don't know if there is anything like this in Nigeria but I know the is something here where they can backdate a divorce so that it is actually effective before the date it was signed. I am sure it isn't cheap to do that . It is legally referred to as nunc pro tunc meaning the signature now act like it occurred then.

I hope things get better for you my journey has been H-ll through Lagos

thanks, i think it is like a retroactive divorce. i looked thru the I130 approval manual and they have it in some states in the US. for Naija it does not exist they are stuck in the european dark ages. i will exhaust every means and if their is none i will just cancel my petition and wait for another 10 months to be able to live with my husband. I will not let him go thru the embassy and be barked at by some obstinate individuals who believed every Nigerian to be a fake in attempt to immigrate. Though i owe no one here or anywhere an explanation, I am very emotional at this point and maybe just writting it here will ease my pain. The whole issue was an honest mistake which makes it really bitter considering that I had more than enough time to correct it if I had knew.

Thanks to every1 that said one thing or the other it surely did help or hurts. When it all ended up well, which I have faith that it would, I will be back here if you are all still going to blog here

[ao_cons 1]

I'm so sorry about your situation. But this wasn't intentional as you said. There's no reason for your husband to be upset with you or anything. Laws can be confusing. It may turn out to be better for you to have figured this out now, rather than later (say if he was already in the US). You have a chance now to correct the mistake. Perhaps you can get more advice from the embassy?

Also, it's not clear to me if you and your husband are currently together or if your'e able to visit him. That would make it easier to deal with.

After you secure a divorce, maybe you can file for a fiance visa instead of an I-130 so it'd be faster. You'd marry in the US then.

Just trying to help.

[Beth/ Paris Heart 2]

I'm so sorry about your situation. But this wasn't intentional as you said. There's no reason for your husband to be upset with you or anything. Laws can be confusing. It may turn out to be better for you to have figured this out now, rather than later (say if he was already in the US). You have a chance now to correct the mistake. Perhaps you can get more advice from the embassy?

Also, it's not clear to me if you and your husband are currently together or if your'e able to visit him. That would make it easier to deal with.

After you secure a divorce, maybe you can file for a fiance visa instead of an I-130 so it'd be faster. You'd marry in the US then.

Just trying to help.

I know what you feel and are thinking, This happened to me. I married 24 years ago, after 3 months he left, My parent said the marriage was not valid/legal, and no record would be on file, well low and behold 24 years later there it was, marriage on file. I immediatley cancelled our petitons with USCIS, and hunted down the man I married 24 years ago. I obtained a divorce within 61 days of filing for the divorce, and with wonderful angels/friends helping me, I found him and got the divorce. Now my current husband and I jsut re-married 13 days ago had a awonderful honeymoon in Paris, France, and filing with USCIS again to bring him here. This nightmare will not last, you can get thru this, and start fresh just like we did. I wish you the very best of luck with this. Its not the end of the world, just a nasty bump in the road.

Paris Heart

[pushbrk 12,881]

I don't know if there is anything like this in Nigeria but I know the is something here where they can backdate a divorce so that it is actually effective before the date it was signed. I am sure it isn't cheap to do that . It is legally referred to as nunc pro tunc meaning the signature now act like it occurred then.

I hope things get better for you my journey has been H-ll through Lagos

thanks, i think it is like a retroactive divorce. i looked thru the I130 approval manual and they have it in some states in the US. for Naija it does not exist they are stuck in the european dark ages. i will exhaust every means and if their is none i will just cancel my petition and wait for another 10 months to be able to live with my husband. I will not let him go thru the embassy and be barked at by some obstinate individuals who believed every Nigerian to be a fake in attempt to immigrate. Though i owe no one here or anywhere an explanation, I am very emotional at this point and maybe just writting it here will ease my pain. The whole issue was an honest mistake which makes it really bitter considering that I had more than enough time to correct it if I had knew.

Thanks to every1 that said one thing or the other it surely did help or hurts. When it all ended up well, which I have faith that it would, I will be back here if you are all still going to blog here

The bold passage above has me confused. Which one of you is the beneficiary? Are you both native Nigerian?

[LOLAs 1]

I don't know if there is anything like this in Nigeria but I know the is something here where they can backdate a divorce so that it is actually effective before the date it was signed. I am sure it isn't cheap to do that . It is legally referred to as nunc pro tunc meaning the signature now act like it occurred then.

I hope things get better for you my journey has been H-ll through Lagos

thanks, i think it is like a retroactive divorce. i looked thru the I130 approval manual and they have it in some states in the US. for Naija it does not exist they are stuck in the european dark ages. i will exhaust every means and if their is none i will just cancel my petition and wait for another 10 months to be able to live with my husband. I will not let him go thru the embassy and be barked at by some obstinate individuals who believed every Nigerian to be a fake in attempt to immigrate. Though i owe no one here or anywhere an explanation, I am very emotional at this point and maybe just writting it here will ease my pain. The whole issue was an honest mistake which makes it really bitter considering that I had more than enough time to correct it if I had knew.

Thanks to every1 that said one thing or the other it surely did help or hurts. When it all ended up well, which I have faith that it would, I will be back here if you are all still going to blog here

The bold passage above has me confused. Which one of you is the beneficiary? Are you both native Nigerian?

My hubby is the beneficiary, but i am a naturalized USC who immigrated originally from nigeria on a diversity visa. the embassy knew that i was married before i immigrated but my ex never came to the US. the statement sounds offensive but those who has pass through US embassy in Nigeria knows what I am talking about, it is other fellow Nigerians who worked at the consulate and to my perception they are always of the opinion that people are not saying the truth. i know they are doing their job but sometimes innocent people suffer in the process

[LOLAs 1]

I'm so sorry about your situation. But this wasn't intentional as you said. There's no reason for your husband to be upset with you or anything. Laws can be confusing. It may turn out to be better for you to have figured this out now, rather than later (say if he was already in the US). You have a chance now to correct the mistake. Perhaps you can get more advice from the embassy?

Also, it's not clear to me if you and your husband are currently together or if your'e able to visit him. That would make it easier to deal with.

After you secure a divorce, maybe you can file for a fiance visa instead of an I-130 so it'd be faster. You'd marry in the US then.

Just trying to help.

I know what you feel and are thinking, This happened to me. I married 24 years ago, after 3 months he left, My parent said the marriage was not valid/legal, and no record would be on file, well low and behold 24 years later there it was, marriage on file. I immediatley cancelled our petitons with USCIS, and hunted down the man I married 24 years ago. I obtained a divorce within 61 days of filing for the divorce, and with wonderful angels/friends helping me, I found him and got the divorce. Now my current husband and I jsut re-married 13 days ago had a awonderful honeymoon in Paris, France, and filing with USCIS again to bring him here. This nightmare will not last, you can get thru this, and start fresh just like we did. I wish you the very best of luck with this. Its not the end of the world, just a nasty bump in the road.

Paris Heart

thanks, at least som1 knows what it feels like when these things happen, i have had my parents told me that the other marriage was not legal either because they thot i had deserted the guy after i ame to he US for a long time so ishouldn't worry. well clearly i have to worry now. i have thot about ur advice as well and i will do the right thing. did u cancel thru a lawyer or did u tell uscis why you were cancelling out?

[LOLAs 1]

I'm so sorry about your situation. But this wasn't intentional as you said. There's no reason for your husband to be upset with you or anything. Laws can be confusing. It may turn out to be better for you to have figured this out now, rather than later (say if he was already in the US). You have a chance now to correct the mistake. Perhaps you can get more advice from the embassy?

Also, it's not clear to me if you and your husband are currently together or if your'e able to visit him. That would make it easier to deal with.

After you secure a divorce, maybe you can file for a fiance visa instead of an I-130 so it'd be faster. You'd marry in the US then.

Just trying to help.

thanks a lot, i will do the right thing

[Beth/ Paris Heart 2]

I'm so sorry about your situation. But this wasn't intentional as you said. There's no reason for your husband to be upset with you or anything. Laws can be confusing. It may turn out to be better for you to have figured this out now, rather than later (say if he was already in the US). You have a chance now to correct the mistake. Perhaps you can get more advice from the embassy?

Also, it's not clear to me if you and your husband are currently together or if your'e able to visit him. That would make it easier to deal with.

After you secure a divorce, maybe you can file for a fiance visa instead of an I-130 so it'd be faster. You'd marry in the US then.

Just trying to help.

I know what you feel and are thinking, This happened to me. I married 24 years ago, after 3 months he left, My parent said the marriage was not valid/legal, and no record would be on file, well low and behold 24 years later there it was, marriage on file. I immediatley cancelled our petitons with USCIS, and hunted down the man I married 24 years ago. I obtained a divorce within 61 days of filing for the divorce, and with wonderful angels/friends helping me, I found him and got the divorce. Now my current husband and I jsut re-married 13 days ago had a awonderful honeymoon in Paris, France, and filing with USCIS again to bring him here. This nightmare will not last, you can get thru this, and start fresh just like we did. I wish you the very best of luck with this. Its not the end of the world, just a nasty bump in the road.

Paris Heart

thanks, at least som1 knows what it feels like when these things happen, i have had my parents told me that the other marriage was not legal either because they thot i had deserted the guy after i ame to he US for a long time so ishouldn't worry. well clearly i have to worry now. i have thot about ur advice as well and i will do the right thing. did u cancel thru a lawyer or did u tell uscis why you were cancelling out?

No, I handled all myself, I wrote letters to USCIS asking to withdraw my 2 petitions, and 3 months later VSC withdrew them. No I did not tell USCIS why I was cancelling, just a problem from the past arose, and needed to handle. I handled the divorce with my friend/lawyer, and no we are re-filing ourselfs, no lawyer. I did write a letter to go with the new petitions to USCIS explaining everything, I dont want to hide anything.

We are filing fresh, with all past marriages dis-solved, and I re-married my current husband 13 days ago. At least I did not have to divorce him and start over, but our marriage was invalid, so we re-married.

Good luck, this nightmare will end, and you can re-file soon. Best of luck!!