It's Complicated!

[Ramonbrausa 0]

I know some of you might have seen me around here for a while, ever since i've been planning to bring my (girl), fiancee to the US...but..i really have something bothering me a little bit, so i thought that i might post it here as well, maybe you guys can give me some of your best ideas, thoughts and opinions...

I am gonna start with a question that i've asked in a lawyer's forum before, and trust me "It's Complicated" but not hard to analyze...

"Is it illegal to get marry in the US while being marry in another country?

I immigrate to the US from Brazil, i was separated from my wife but not divorced, I got marry here, it didn't work, so i got divorced, now i am a US citizen, and by the way I did not obtained any immigration status from that marriage, i came legally under a family petition made by my father! I went back to Brazil and found the person that is actually married to me, we are back together! But a few month ago we filed for divorce, so we can get marry again in the US, since i am trying to bring her as my fiancee, with a fiancee visa. My I-129F was approved and it's already in the US consulate waiting for "that day"

Thanks

[pushbrk 12,883]

I know some of you might have seen me around here for a while, ever since i've been planning to bring my (girl), fiancee to the US...but..i really have something bothering me a little bit, so i thought that i might post it here as well, maybe you guys can give me some of your best ideas, thoughts and opinions...

I am gonna start with a question that i've asked in a lawyer's forum before, and trust me "It's Complicated" but not hard to analyze...

"Is it illegal to get marry in the US while being marry in another country?

I immigrate to the US from Brazil, i was separated from my wife but not divorced, I got marry here, it didn't work, so i got divorced, now i am a US citizen, and by the way I did not obtained any immigration status from that marriage, i came legally under a family petition made by my father! I went back to Brazil and found the person that is actually married to me, we are back together! But a few month ago we filed for divorce, so we can get marry again in the US, since i am trying to bring her as my fiancee, with a fiancee visa. My I-129F was approved and it's already in the US consulate waiting for "that day"

Thanks

Yes, it's illegal. It's called perjury. To obtain a marriage license in the USA, you must (at minimum) sign something that says you are free to marry. Married people are not free to marry. Married is married.

[LIFE'SJOURNEY 970]

I know some of you might have seen me around here for a while, ever since i've been planning to bring my (girl), fiancee to the US...but..i really have something bothering me a little bit, so i thought that i might post it here as well, maybe you guys can give me some of your best ideas, thoughts and opinions...

I am gonna start with a question that i've asked in a lawyer's forum before, and trust me "It's Complicated" but not hard to analyze...

"Is it illegal to get marry in the US while being marry in another country?

I immigrate to the US from Brazil, i was separated from my wife but not divorced, I got marry here, it didn't work, so i got divorced, now i am a US citizen, and by the way I did not obtained any immigration status from that marriage, i came legally under a family petition made by my father! I went back to Brazil and found the person that is actually married to me, we are back together! But a few month ago we filed for divorce, so we can get marry again in the US, since i am trying to bring her as my fiancee, with a fiancee visa. My I-129F was approved and it's already in the US consulate waiting for "that day"

Thanks

YES, OH SI, OUI, SI

[pushbrk 12,883]

YES, OH SI, OUI, SI

And the answer to the question isn't complicated at all. Perhaps the reason for asking it is.

[Ramonbrausa 0]

Oh! well, yes i never say "isn't complicated at all" i said it is, but i hope that won't be a bar, because in that case, then, the invalid marriage would be the second one, right? the one in the US, but we got divorced a long time ago...I guess the illegal term here would apply if i would still be married, but i am not, i am divorced now (and twice) so could i bring my fiancee? the reason why so many people, and i said so many people...because i am sure that actually might happen to anyone who immigrate to a new country, you kind of loose contact with the other person, so you start a new life,,and what if you don't have the money to travel thousands of miles just to get a divorce or even worst paying for a lawyer who deals with it internationally, back at the time i could not afford it... and my ex wife wanted

The reason why i am asking openly here, it's because this issue always brings a lot of differents reactions and answers, so obviously yes, doubts always arise, maybe some of you here don't know anyone who has been in a similar situation, but if you do and know what happen, i'll appreciate your comments...

[LIFE'SJOURNEY 970]

YOUR MARRIAGE DATES TO THE 2 MARRIGES WILL OVER-LAP. So, saying you are divorce now, will not solve the problem, because the crime has already been committed. You will have to report both marriages as well as both divorces. On paper- they will show as over-lap, if fail to report both and thru investigation, if(when) they show up, you will have committed another crime fraud to the US govt. This looks to be a tight spot.

USCIS, will only be looking for the truth, not the why. You should speak with a lawyer, I am sure you have and they have told you the same thing.

Don't understand why you are saying you need to div, the wife to re-marry for a K1 visa to the US, or why you need to divorce so you can file for a K1. ??????? BIG Puzzle

Good luck.....

Edited June 3, 2010 by LIFE'SJOURNEY

[Ramonbrausa 0]

"Don't understand why you are saying you need to div, the wife to re-marry for a K1 visa to the US, or why you need to divorce so you can file for a K1" ??????? BIG Puzzle

On The K-1 Visa Application Packet there is a sworn statement that the applicant needs to fill out, stating that she/he is legally able to marry, either single or divorced, anyone who's married does not qualify for this type of visa! If you are petioning a Fiancee, this is your Fiancee, it could have been your ex-wife, but at the time of the application she or he and the petitioner needs to be either single or divorce...

[MeggyMo 4]

Then don't file for the k-1!

You are already married file for the CR1

[Ramonbrausa 0]

People just don't seem to understand this question at all, i would like to dare anyone to read and try to understand before post any comment...i am divorced now,, well divorce from both previous wifes, the only problem is that while marry to my US wife, i was separated from the one in Brazil (now my current fiancee) but not divorced...Until i finally did, (too late, i know) but like LIFE"S JOURNEY said before, this overlap in marriages might bring some issues.. Someone even mentioned something about "perjury"... The Model Penal Code in the US(section 230.1) defines bigamy as a misdemeanor and polygamy as a felony...

How complicated we (humans) have made things in this world, right? when everything should be so simple, it's all about papers... and money, and Bull**** and that's how we are loosing our own existence, but. that's my opinion...

[Ramonbrausa 0]

This was taken from a lawyer's forum:

If your US citizenship is based on a green card petition filed by one of your parents, then you should not have a problem with bringing in your first wife.

Of course this would be the time for the CIS to re-examine your file. The important questions would be whether you revealed the fact of your existing marriage at the time you got your green card and also under what category your parent petitioned for you -- unmarried child of a permanent resident; the unmarried child of a US citizen or the married child of a US citizen.

[LIFE'SJOURNEY 970]

Ramon, here are the facts as I understand then;

When your parents petioned you, you were a married child, but you can under an um-married child status.

1. You obtained your citizenship as an un-married child of an USC. If true FRAUD, will lose citizenship

2. You were married in your home country, but you got married to a 2nd person without a divorce from the 1st marriage. If true then this is considered bigamy.

3. You divorced the 2nd married, then you re-connected with the 1st wife.

4. Now you have divorced the 1st wife.

5. Finally you are at a point that you now wants to petition the 1st ex-wife, who is now your fiancee to the bring her on a K1 (fiancee).

I just clearify the facts as I think you have stated them.

[LIFE'SJOURNEY 970]

Ramon, here are the facts as I think I understand them;

When your parents petition for you, you were a married child, but you came under an um-married child status.

1. You obtained your citizenship as an un-married child of an USC. If true FRAUD, could lose citizenship

2. You were married in your home country, but you got married to a 2nd person without a divorce from the 1st marriage. If true then this is considered bigamy.

3. You divorced the 2nd wife, then you re-connected with the 1st wife.

4. Now you have divorced the 1st wife, so you have two ex-wives and 2 divorces on record, with marriage dates over-lapping.

5. Finally you are at a point that you wants to petition the 1st ex-wife, who is now your fiancee - petition for her on a K1 (fiancee). USCIS will question this extensibility.

All of these actions will drawn a Big red flag, so a GOOD lawyer is now needed.

I just clearify the facts as I think you may have stated them, if not correct then please feel free to correct my mis-statements..

[belinda63 3,038]

I assume you divorced your first wife prior to filing the I-129F and that you don't have any other current wives. If so that leave two complicated issues.

1. Being married to two persons at the same time is illegal in the US. It doesn't matter what the reasons are, it is illegal and you committed bigamy. What affect this will have on the immigration process I don't know, it could vary from none to a denial due to a crime of moral turpitude committed by you or a question of the legitimacy of your relationship since you seriously cheated on her during your first marriage and add to this you divorced her so you could remarry her in the US (big question as to why). So this is a big unknown.

2. If you obtained your LPR status and subsequent citizenship by being petitioned as the UNMARRIED son when you were in fact married, you could possibly lose your citizenship and be deported as you committed immigration fraud to obtain your immigrant visa.

Walk very carefully here as you have committed a lot of wrongs that could result in big problems.

[Christi85 86]

Well, I'm going to agree with LIFE'SJOURNEY that your case raises several big red flags. To put it mildly, I would never approve your case if I was an immigration officer working on your file.

Funnily enough, the smallest problem in your case seems to be the non-reliability with regards to how genuine the relationship is. The person you are now trying to bring over as a fiancee used to be a wife, then you broke up with her and married someone else while STILL legally married to her, then later you her divorced as well, and you are now petitioning a fiancee visa for her - does this case sound solid to you?

But as I said, the non-solid relationship is actually the least serious issue. The really, trully serious stuff is the law violations you committed, not on one, but on several occasions, against the country that generously granted you citizenship:

a)The fact that you came to the US being married, when you and your parents swore under penalty of perjury (when filing your immigration petition) that you were an unmarried child of theirs

b)The fact that you committed bigamy which is illegal - living in another country than that of your spouse doesn't mean that the marriage is not valid

c)The fact that you purposefully deceived the State that issued your marriage license for you to marry your second wife by declaring that you had never been married before, when you were currently still married. You never said that but I know that if you had said that you'd been married before when applying for the marriage license, they'd have asked to see proof of your divorce, which you wouldn't have been able to provide. Thus it sounds like you deliberately lied that you were unmarried since you were able to get a marriage license.

If you really care about being with your fiancee/ex-wife, then consider moving back to Brazil. It seems like your petition is not going to go very far with all the above, that can be easily revealed with a background check. And also you may be putting yourself in serious danger of having your citizenship withdrawn if fraud is proved with regards to point a. I'm not sure it's a wise choice to be filing a fiancee petition with this background.

[pushbrk 12,883]

Ramon, here are the facts as I understand then;

When your parents petioned you, you were a married child, but you can under an um-married child status.

1. You obtained your citizenship as an un-married child of an USC. If true FRAUD, will lose citizenship

2. You were married in your home country, but you got married to a 2nd person without a divorce from the 1st marriage. If true then this is considered bigamy.

3. You divorced the 2nd married, then you re-connected with the 1st wife.

4. Now you have divorced the 1st wife.

5. Finally you are at a point that you now wants to petition the 1st ex-wife, who is now your fiancee to the bring her on a K1 (fiancee).

I just clearify the facts as I think you have stated them.

If these are the actual facts (not disclosed clearly in the opening post) then yes, USCIS is likely to examine the entire immigration case again and revoke the citizenship. In the opening post, a simple question was asked, so nothing complicated. With the above set of facts, it sounds more complicated but really isn't.

The OP doesn't need an attorney forum, he needs a comprehensive consultation with a qualified immigration attorney experienced in cases where residency and citizenship were obtained fraudulently.

If the facts listed above are not correct, please correct them.