void marriage and i-130 denied

[NikoJS 0]

My husband is a us.soldier he have been station in my home country Italy, now he receive orders and he left. We have been married since 2007, or at least we thought we were married...until our i-130 got denied cause they say our marriage is void!!! I didn't know my prior marriage was not over (final divorce) till 2009!!! We did get married before my divorce was final!!!! I honestly didn't know, because my ex husband, an american Us.citizen, was a violent and abuse man, reason why I left...so for few years I didn't know where he was or what he was doing, then he inform me he was married again and that he was about to send me a copy of our divorce...I didn't have reason to doubt...I saw picture and a video, in a FB friend of his wedding and his family refer to her as his wife...Anyway...I knew I was ban from the States for 10 years, because he never fill any immigration paper for me, and after married him my visa expire...Now my husband can't be in Italy for three or more months to married me again, and I can't go visit him in USA...So we can't married again, can we apply for a Fiancee' visa and add as evidence of our relationship all our documents as husband and wife life, till today? We have a little boy, too.

Please help!!! He can't visit us and I can't visit him, how can we live apart like this!!!

[Operator 1,927]

Did you ever receive the divorce papers from your ex? I think the first thing you should do is figure out your marital status and possibly have your husband consult with a reputable immigration attorney.

What visa did you enter the US with (what triggered the 10 yr ban)?

[NikoJS 0]

Did you ever receive the divorce papers from your ex? I think the first thing you should do is figure out your marital status and possibly have your husband consult with a reputable immigration attorney.

What visa did you enter the US with (what triggered the 10 yr ban)?

Yes I finally get a copy or the divorce, he was final the 4th December 2009. I was there with the VWP I didn't want at that time to stay, my ex told me we were married and then move back to Italy, where we meet...but like I say the relationship fade away cause his temper...I do have prove he was violent and beat me, I have a police report and a medical discharge from the hospital where I was rush one time after he had beatting me

[Operator 1,927]

It seems clear that your current marriage isn't lawful. I personally would re-marry and re-apply but before I did any of that I would consult a good immigration attorney. If your husband is still serving have him talk to his unit's legal office. Do you have a military ID? If so go on base and talk to the legal office there.

To have him petition for a K-1 visa for you he will have to prove that he is legally able to marry. He may need some document that proves his marriage to you wasn't legal. I'd lawyer up.

Good luck to you all, I hope it works out quickly.

[Ebunoluwa 6,136]

This is too complicated to handle yourself. You need a lawyer, at least for a consultation. You may run into issues during the interview after you submit the next petition.

[belinda63 3,041]

Question, what document did you send to prove your divorce? This may be the pivot point as to whether this would be a straight forward K-1 petition filing or having to fight a misrepresentation/fraud issue.

[NikoJS 0]

Question, what document did you send to prove your divorce? This may be the pivot point as to whether this would be a straight forward K-1 petition filing or having to fight a misrepresentation/fraud issue.

WE have been live as husband and wife from 2007, meet in late 2005, we have a little boy, I've been behind his 2 deployments...I was an active member of our FRG group, everybody know us, in Base... We will have many affidavits swore, in America and Italian side...How could they charge us we fraud? If so they would already did when they denied my i-130 for void marriage...

If our marriage is void, and my husband being a soldier, can't travel to Italy and stay a sufficient amount of time to remarry me, and I can't travel to Us to married him, how can they say a fiancee' visa will be a fraud? By definition that they gave us marriage is void: is like if he never happened, but all our life together and our little boy, look to me like evidence of a genuine relationship, if they don't like it to call it marriage, it's fine. It's still a solid relationship...Right?

[belinda63 3,041]

I wasn't referring to the current relationship being fraudulent, I was referring to how the issue of the prior marriage was addressed. You are required to send a copy of the divorce decree when you file if you have been previously married. You couldn't because you weren't divorced. Thus how did this happen, did you not disclose the first marriage, did you send insufficient documents of the divorce, etc. If you failed to disclose the prior marriage on the petition this could be considered fraud.

[NikoJS 0]

I wasn't referring to the current relationship being fraudulent, I was referring to how the issue of the prior marriage was addressed. You are required to send a copy of the divorce decree when you file if you have been previously married. You couldn't because you weren't divorced. Thus how did this happen, did you not disclose the first marriage, did you send insufficient documents of the divorce, etc. If you failed to disclose the prior marriage on the petition this could be considered fraud.

my divorce was final in 2009...like i say they didn't charge us with fraud...they only said i-130 denied cause void marriage.

[belinda63 3,041]

Ok so you married then found out two years later you weren't really married because you weren't divorced when you married the second time. So why didn't you just get married again? Oh well, hindsight and all that. I say file the K-1 since you aren't legally married, make sure you send copies of all the paperwork including the denied I-130 and be ready to do some explaining at the interview.

[NikoJS 0]

Ok so you married then found out two years later you weren't really married because you weren't divorced when you married the second time. So why didn't you just get married again? Oh well, hindsight and all that. I say file the K-1 since you aren't legally married, make sure you send copies of all the paperwork including the denied I-130 and be ready to do some explaining at the interview.

We can't married again, because my man can't be in Italy for at least 3 months...He's a soldier, he need military permission to travel, and a military leave last around 2 weeks...and I can't go in America...That's why we think about a Fiancee' visa.