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kt128

Help regarding foreign marriage/divorce certificates

By kt128 in Adjustment of Status from Work, Student, & Tourist Visas

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kt128 Contributor

kt128   4

Posted
Filed: Timeline
Posted

Hi all,

My friend's husband used to get married to a Vietnamese girl in Vietnam and then sponsored her to come here. She got her 2 year green card through him, but not the 10-year one. Now he is going to sponsor my friend to adjust her status from F1, but he said that he did not have any divorce certificate since he only got married in Vietnam. In his logic, he has been basically single in America, so he couldn't get any divorce certificate. My question is, how can he receive a certificate to prove that he's divorced? He and my friend are confused as to what they should do next. Any input would be much appreciated.

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Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted

He needs to get a divorce. Of course he is married in the US; married is married.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted

The funny thing is that he only told my friend about that after already getting married to my friend. Why would the Oregon state let him marry my friend before he didn't divorce yet?

They don't check the world for marriages.

It's kind of an "on your honor" system with stiff penalties for non-compliance.

He is now a bigamist, sorry. The Oregon marriage is void since bigamy is illegal in the US.

He now needs a divorce from the first marriage and a certificate or something of void second marriage.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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belinda63 Experienced

belinda63   3,038

Posted
Filed: Citizen (apr) Country: Iran
 Timeline
Posted

Unless he can prove otherwise he is still married to the first woman and not married to the second. What does he plan on sending in with the AOS packet to prove he divorced the first wife? They have a record of the marriage so he will need to prove it is legally ended.

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amoebaextinct Contributor

amoebaextinct   0

Posted
Filed: Lift. Cond. (pnd) Timeline
Posted

Wow, this kind of negligence scares me. Did he really think he doesn't have to divorce his first wife just because they were married in Vietnam?

November 2013 - Got Married, yay!

Adjustment of Status

02-26-2014 [Day 01] - AOS package sent to the Chicago Lockbox
02-27-2014 [Day 02] - Package was received and signed for
03-06-2014 [Day 09] - Received Receipt Notice through text. Status: Acceptance for I-485; Initial Review for I-130+I-765
03-10-2014 [Day 13] - Hard Copies of NOA received (notice date 02/28)
03-14-2014 [Day 17] - Biometric Appointment Letter received in the mail (04/01/2014)
03-19-2014 [Day 22] - Successful walk-in for Biometrics Appointment at Brooklyn ASC
04-02-2014 [Day 36] - Notifications via text & e-mail: i-485 updated to "Testing and Interview"
04-08-2014 [Day 42] - Notifications via text & e-mail: Interview Appointment Notice for May, 12th
04-12-2014 [Day 46] - Interview Notice received in the mail
05-08-2014 [Day 72] - Notifications via text & e-mail: I-765 status changed to 'Card/Document Production'
05-12-2014 [Day 76] - Interview at Federal Plaza, NY
05-12-2014 [Day 76] - i-485 and i-130 Case Status Update: Initial Review
05-13-2014 [Day 77] - i-765 Case Status Update: EAD card mailed, tracking # included
05-14-2014 [Day 78] - 115PM I-130 Case Status Update: Post Decision Activity - petition was approved
05-14-2014 [Day 78] - 330PM - i-485 Case Status Update: Card Production, 715PM - i-485 Case Status Update: Decision
05-14-2014 [Day 78] - 516PM - i-765 - EAD card delivered
05-19-2014 [Day 83] - 830AM - i-485 Case Status Update: Card Production; 630PMi-485 Case Status Update: Tracking for the Card
05-20-2014 [Day 84] - Green card is in hands!

Removal of Conditions

03-21-2016 [Day 01] - i-751 package sent to VSC

03-23-2016 [Day 03] - package was delivered

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nmic7 Explorer

nmic7   3

Posted
Filed: Citizen (apr) Timeline
Posted

He has to get a divorce in Vietnam. I was also married and divorced abroad, and for the AOS of my wife I sent the divorce certificate that I got from that country, with all the necessary stamps on it, including one from the US Embassy, plus a translation. I think that's what they are looking for. Also, if I remember correctly, on the application for the marriage certificate they asked for the date and location of my divorce so I don't understand how he got married in the US. This may differ from state to state though.

AOS Journey

01/14/14 (Day 0) - sent AOS + I-130 + I-765

01/17/14 (Day 3) - package received by USCIS (USPS tracking)

01/27/14 (Day 12) - NOA x 3 in the mail

01/30/14 (Day 15) - biometrics appointment letter in the mail

01/30/14 (Day 15) - walk in biometrics Alexandria, VA

01/30/14 (Day 15) - online notification that RFE was issued

02/05/14 (Day 21) - RFE for I-864 in the mail (more evidence for petitioner income)

02/14/14 (Day 30) - sent response to RFE

02/20/14 (Day 36) - online status changed to response to RFE review

03/03/14 (Day 47) - online notification that another RFE was issued

03/07/14 (Day 51) - RFE for I-485 in the mail (copy of marriage certificate; initially we submitted certified copy)

03/07/14 (Day 51) - Sent response to RFE

03/11/14 (Day 55) - Online status changed to response to RFE review

03/20/14 (Day 64) - EAD card delivered

03/28/14 (Day 72) - Online notification that interview is scheduled for 05/05/2014

03/31/14 (Day 75) - Hard copy of interview notice in the mail

05/05/14 (Day 110) - Interview

05/13/14 (Day 118) - GC delivered

ROC Journey

02/05/16 (Day 0) - sent ROC package to VSC

02/08/16 (Day 3) - VSC received package (USPS tracking)

02/11/16 (Day 6) - VSC cashed check

02/13/16 (Day 8) - NOA1 delivered (dated 02/09/16)

02/25/16 (Day 20) - Biometrics letter delivered (dated 02/20/16)

02/18/17 - Approved

N-400 Journey

02/15/17 - sent N-400 package to NSC

02/17/17 - NOA date

02/25/17 - Biometrics letter delivered for 3/10/17

02/28/17 - Biometrics walk-in

03/23/17 - In line for interview

06/07/17 - Interview letter arrived in mail

06/21/17 - Interview

07/23/17 - Oath ceremony

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Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted (edited)

He can get a divorce in the US for a marriage in Vietnam.

He probably lied on the marriage application in the US.

If someone is that foolhardy then I doubt anything we say here will help him understand the gravity of the situation, unfortunately.

Edited by Harpa Timsah

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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