My husband's ex wife was married with him and other guy at the same time

[Andrea&Henry 311]

Hi vjers I would appreciate your thought about my topic. Im just curious about it. I'm my husband second wife. He got married with a cuban girl (His first wife) on december 2003 til dec 2006. She came from Cuba late 2002 early 2003 she was maybe 19 or 18 years old, met my husband and got married. My husband told me today while we were talking about ramdon stuff, that he was her ex wife.s second husband...I was like what?? the point is that she got married on 2002 with a guy while she was still living in Cuba, 9 month later she moved in the US and started dating and MARRIED my now husband, while she was still married with her Cuban husband. My husband found out 2 years later that she was married with 2 man at the same time. The point is that he tried to find an anulment but in Cuba is really hard to find any kind of paperwork and he got divorced to end up their "marriage".

My question is:

1.- were their marriage legal here in the US?

2.- Where I come from (Venezuela) you need to prove you are single or never be married before. How the US goverment prove if someone is not getting married with a previous marriage still pending?

3.-They have been separate for 7 years now, NO kids involve, but does he need to prove that her 1st wife got married with while she had another marriage pending?

Im a little concern cause I have an AoS pending and I dont want something like this to jeopardize our process...

thanks!!

[Nana098 18]

I think so if your husband got divorced her here, he wouldn't have problems with that. The ex-wife is whom would have a lot of problems by bigamy.

[aaron2020 11,651]

The ex-wife's actions are irrelevant.

You should be concern that your marriage iis invalid because your husband was not free to marry you.

Your husband has a US marriage certificate and no divorce or annulment paperwork. He then married you. That's bifamy on his part.

The burden is on your husband to prove that his first marriage was invalid. He did nothing. He filed no paperwork to ask the court to invalidate his first marriage. He should have done this before marrying you.

It is not important what his ex-wide did. It is important what your husband did or rather did not do. He never challenged the validity of his first marriage.

Go see a family lawyer.

[aaron2020 11,651]

Hi vjers I would appreciate your thought about my topic. Im just curious about it. I'm my husband second wife. He got married with a cuban girl (His first wife) on december 2003 til dec 2006. She came from Cuba late 2002 early 2003 she was maybe 19 or 18 years old, met my husband and got married. My husband told me today while we were talking about ramdon stuff, that he was her ex wife.s second husband...I was like what?? the point is that she got married on 2002 with a guy while she was still living in Cuba, 9 month later she moved in the US and started dating and MARRIED my now husband, while she was still married with her Cuban husband. My husband found out 2 years later that she was married with 2 man at the same time. The point is that he tried to find an anulment but in Cuba is really hard to find any kind of paperwork and he got divorced to end up their "marriage".

My question is:

1.- were their marriage legal here in the US?

2.- Where I come from (Venezuela) you need to prove you are single or never be married before. How the US goverment prove if someone is not getting married with a previous marriage still pending?

3.-They have been separate for 7 years now, NO kids involve, but does he need to prove that her 1st wife got married with while she had another marriage pending?

Im a little concern cause I have an AoS pending and I dont want something like this to jeopardize our process...

thanks!!

1. Yes, the marriage is valid. Your husband never challenged the validity if his first marriage. If he asserts his ex-wife committed bigamy, then he should have gone back to the government which issued the marriage certificate to challenge it. Instead, he chose to do nothing to challenge the validity o the marriage. So,?the marriage is legal until he proves otherwise.

2. It is not the givernment's burden to prove that he is not eligible to marry you. It is your husband's responsibility to prove that he is free to marry you by proving his previous marriages ended. Unfortunately, he cannot prove that because all he has is a valid marriage certificate with his ex and no proof that the marriage was invalid or ended legally.

3. Yes, he needs to provide proof that his previous marriage was invalid. He has not challenged the validity of his first marriage, so there is no proof of what he claims.

[LeftCoastLady 441]

The OP states:

The point is that he tried to find an anulment but in Cuba is really hard to find any kind of paperwork and he got divorced to end up their "marriage".

They wouldn't have gotten to the adjustment of status stage if he weren't free to marry considering the divorce decree would have been a requirement in the petition stage.

The ex-wife's actions are irrelevant.

You should be concern that your marriage iis invalid because your husband was not free to marry you.

Your husband has a US marriage certificate and no divorce or annulment paperwork. He then married you. That's bifamy on his part.

The burden is on your husband to prove that his first marriage was invalid. He did nothing. He filed no paperwork to ask the court to invalidate his first marriage. He should have done this before marrying you.

It is not important what his ex-wide did. It is important what your husband did or rather did not do. He never challenged the validity of his first marriage.

Go see a family lawyer.

[KayDeeCee 4,896]

Hi vjers I would appreciate your thought about my topic. Im just curious about it. I'm my husband second wife. He got married with a cuban girl (His first wife) on december 2003 til dec 2006. She came from Cuba late 2002 early 2003 she was maybe 19 or 18 years old, met my husband and got married. My husband told me today while we were talking about ramdon stuff, that he was her ex wife.s second husband...I was like what?? the point is that she got married on 2002 with a guy while she was still living in Cuba, 9 month later she moved in the US and started dating and MARRIED my now husband, while she was still married with her Cuban husband. My husband found out 2 years later that she was married with 2 man at the same time. The point is that he tried to find an anulment but in Cuba is really hard to find any kind of paperwork and he got divorced to end up their "marriage".

My question is:

1.- were their marriage legal here in the US?

2.- Where I come from (Venezuela) you need to prove you are single or never be married before. How the US goverment prove if someone is not getting married with a previous marriage still pending?

3.-They have been separate for 7 years now, NO kids involve, but does he need to prove that her 1st wife got married with while she had another marriage pending?

Im a little concern cause I have an AoS pending and I dont want something like this to jeopardize our process...

thanks!!

Doesn't affect your AOS. Whether or not his first marriage was legally valid, he ended it legally through divorce. He was free to marry you and proved that in the I-129F petition stage of the process. He did nothing wrong. She is the one that married 2 people and committed bigamy.

For AOS you won't need anything else besides what you needed for the I-129F petition. They already have a copy of his divorce decree in your file. That is all he needed to prove he was free to marry you.

[Andrea&Henry 311]

The ex-wife's actions are irrelevant.

You should be concern that your marriage iis invalid because your husband was not free to marry you.

Your husband has a US marriage certificate and no divorce or annulment paperwork. He then married you. That's bifamy on his part.

The burden is on your husband to prove that his first marriage was invalid. He did nothing. He filed no paperwork to ask the court to invalidate his first marriage. He should have done this before marrying you.

It is not important what his ex-wide did. It is important what your husband did or rather did not do. He never challenged the validity of his first marriage.

Go see a family lawyer.

ACTUALLY HE DID DO SOMETHING HE WENT TO A COURT TO EXPOSE HIS CASE AND THE JUDGE ASKED HIM FOR EVIDENCE OF HER PREVIOUS MARRIAGE. HE HIRED AN IMMIGRATION LAWYER WHO TRIED TO FIND THOSE DOCUMENTS BUT THEY WERE NEVER FOUND. SO THE JUDGE TOLD HIM TO PROCEED WITH THE DIVORCE AND THAT WAS IT. REMEMBER SHE GOT MARRIED IN CUBA NOT IN THE US, SO THE JUDGE TOLD HIM WITHOUT ANY KIND OF EVIDENCE, CERTIFICATE ETC HE CANT ANUL HIS MARRIAGE.

[Andrea&Henry 311]

The ex-wife's actions are irrelevant.

You should be concern that your marriage iis invalid because your husband was not free to marry you. HE WAS FREE TO MARRY ME, A CAME HERE WITH A K1 VISA AND HE PRESENTED HIS DIVORCE DECREE, IS STUPID TO THINK THAT HE WASNT ABLE, I WOULDNT BE HERE THEN. HIS FIRST MARRIAGE INVALID OR NOT HAS NOTHING TO DO WITH ME

Your husband has a US marriage certificate and no divorce or annulment paperwork. He then married you. That's bifamy on his part. WHEN HIS LAWYER TOLD HIM THAT HE NEVER FOUND HER WEDDING CERTIFICATE FOR HER PREVIOUS MARRIAGE HE FILED FOR DIVORCED AND GOT IT

The burden is on your husband to prove that his first marriage was invalid. He did nothing. He filed no paperwork to ask the court to invalidate his first marriage. He should have done this before marrying you.

It is not important what his ex-wide did. It is important what your husband did or rather did not do. He never challenged the validity of his first marriage.

Go see a family lawyer.

Doesn't affect your AOS. Whether or not his first marriage was legally valid, he ended it legally through divorce. He was free to marry you and proved that in the I-129F petition stage of the process. He did nothing wrong. She is the one that married 2 people and committed bigamy.

For AOS you won't need anything else besides what you needed for the I-129F petition. They already have a copy of his divorce decree in your file. That is all he needed to prove he was free to marry you.

THANKSSS THAT WAS ALL I NEED TO HERE, I THINK ONE OF THE MEMBER DIDNT GET MY POINT

Edited October 24, 2012 by Andrea&Henry