Previous Marriage

[jmo 0]

I am a native of Brazil, and have been happily married to my US citizen wife for 4 years. We also have a 3 year old boy. I have finally been able to put enough money together to apply for a green card, but upon going through my paperwork realized that we actually got married before my divorce from my previous marriage was final. Will this put a damper in the process? Is this something immigration investigates? Do they do a family law search on applicants? I was considering leaving my divorce out of it. I appreciate all the help.

[Harpa Timsah 13,258]

Yes, you will have to include all previous divorce decrees, and they will find out.

But a bigger problem is now you are guilty of bigamy. Your current marriage is not valid by US law. You are not married.

[VanessaTony 3,567]

As Harpa stated you are not married and you are guilty of bigamy. You need to fix this before you file. I am not sure where you got married but you will need to find out whether you need to get it voided first and THEN get married or whether you can just get married.

[Bryan and Isabel 29]

is bigamy a crime?

[JohnR! 5,495]

1339424274[/url]' post='5437341']

. Are you seriously suggesting that the OP omit a material fact in his application, and get a benefit from an illegal marriage?.

I was suggesting he contacts an attorney who specializes in family law to seek a legal solution for his situation.

Here is my comment again, for your perusal:

IMHO consider speaking to an attorney who specializes in family law and explaining your situation. I am sure you're not the first person in this situation and your state may have a legal procedure by which you can rectify this unintended mistake before applying for your green card.

Edited June 11, 2012 by Gegel

[Gosia & Tito 199]

I am a native of Brazil, and have been happily married to my US citizen wife for 4 years. We also have a 3 year old boy. I have finally been able to put enough money together to apply for a green card, but upon going through my paperwork realized that we actually got married before my divorce from my previous marriage was final. Will this put a damper in the process? Is this something immigration investigates? Do they do a family law search on applicants? I was considering leaving my divorce out of it. I appreciate all the help.

Assuming you are currently in the US, When you first came to the US to reside with your wife, was it a result of your wife filing a petition for you (K-1, CR1, etc)? Where did the current marriage happened (Brazil, US)?

Since you are noting applying for green card, How are you in the country (meaning, are you in status or 'out of status'; could be that you have an EAD, etc; but not a GC)

The questions above would help understand how USCIS 'missed' that.

Second, what state are you at? IN some states (not many) you actually have to register a marriage that happened abroad; but notice that for USCIS, if you are married you are married; thus, I'm afraid you have to correct that matter regardless. You need to consult an immigration attorney to figure out the next step before filing anything.

IN the eyes of USCIS, any benefit you have obtained thru a petition from your wife are probably null and void he minute you file for the GC and they find out your prior marriage was not finalized before you married your wife. There are other possible implications in respect to family benefits for spouses and while that is secondary ,it is no less important to address: for example, health insurance that covers spouses.

Before you panic, consult an attorney (immigration one and family one if need so). This can turn complicated. But it is critical that you understand what needs to be done to correct the situation as soon as possible.

[Harpa Timsah 13,258]

It is not misinformation nor is it dangerous. Several states do not recognize foreign marriages unless they are properly registered. An attorney can advise if that should be the case and what steps, if any, to take next.

USCIS goes by federal law, which recognizes all foreign marriages unless they are incestuous or bigamous or a few other exceptions. Failure to "register" is not one of the exceptions.

[VanessaTony 3,567]

is bigamy a crime?

Yes it is.

[cj0301 0]

I am a native of Brazil, and have been happily married to my US citizen wife for 4 years. We also have a 3 year old boy. I have finally been able to put enough money together to apply for a green card, but upon going through my paperwork realized that we actually got married before my divorce from my previous marriage was final. Will this put a damper in the process? Is this something immigration investigates? Do they do a family law search on applicants? I was considering leaving my divorce out of it. I appreciate all the help.

i am in the same case and upon consulting a family lawyer and according to family law in CA on void marriage:

"2201. (a) A subsequent marriage contracted by a person during the

life of a former husband or wife of the person, with a person other

than the former husband or wife, is illegal and void from the

beginning, unless:

(1) The former marriage has been dissolved or adjudged a nullity

before the date of the subsequent marriage.

(2) The former husband or wife (i) is absent, and not known to the

person to be living for the period of five successive years

immediately preceding the subsequent marriage, or (ii) is generally

reputed or believed by the person to be dead at the time the

subsequent marriage was contracted.

(b) In either of the cases described in paragraph (2) of

subdivision (a), the subsequent marriage is valid until its nullity

is adjudged pursuant to subdivision (b) of Section 2210."

which means (if you get married here in the US) that it is not legally binding.

What we did is get married again and thats the marriage cert that we used in our USCIS application.

Goodluck to you. Take it one step at a time and don't panic. Every problem has a solution.

[SOflaherty 40]

Curious how something like that happens that you 'realize' it later?