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jtthomwest

Divorce after marriage. Please Help!!!

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I i was previously married and my husband abandon me prior to my travel to usa 4yers ago, and i had submitted forms together with him at the embassy. i however indicated at the us embassy about his disappearance. they gave me a different set of doc to fill omitting his name. to me that was all i needed to do perhaps because i did not know.

4 years after, I am married to my current husband without getting the divorce and submitted I-130 on his behalf. he tried to visit me and during the interview they ask him if he knows a certain person..the name being that of my prior husband which he refused. Of course he knew what had transpired in my life but didn't remember the name. Before i knew of this i had submitted I-130 on his behalf. I became scared that the petition will not be accepted by USCIS.

It however was accepted by USCIS and sent to NVC. NVC still did not ask any question as to the termination document for the first marriage. I requested for the divorce papers from my lawyer and it was finally signed 8 months after my present marriage.

HERE IS THE QUESTION!!!!!! Is this going to result to visa denials?

How can we better prepare our self for the interview coming up next month the 7 June?

I am currently 7 months peg for the my husband and i want him around me. I am indeed worried should they not give him a visa

plse ur advice will do a lot for us

Edited by jtthomwest
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Yes, you should expect problems.

By marrying a second husband before divorcing your first, you committed bigamy (the criminal offence of being married to two or more people at once; this is a crime in almost all western countries). Your current marriage is likely invalid.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Filed: Citizen (apr) Country: Italy
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I am afraid that you are not actually married to our current husband... You cannot marry another before divorcing the first. Your marriage date had to be after the last divorce is final... Your petition will likely be denied and have to see marry and refile ... It is a bit of a mess ur in right now...

10/14/2000 - Met Aboard a Cruise ship

06/14/2003 - Married Savona Italy

I-130

03/21/2009 - I-130 Mailed to Chicago lockbox

11-30-09: GOT GREEN CARD in mail!!!!!!

Citizenship Process;

1/11/2013: Mailed N400 to Dallas Texas

3/11/2013: interview.. Approved

4/4/2013. : Oath! Now a U.S. citizen!

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I am afraid that you are not actually married to our current husband... You cannot marry another before divorcing the first. Your marriage date had to be after the last divorce is final... Your petition will likely be denied and have to see marry and refile ... It is a bit of a mess ur in right now...

in either case i never included in the I130 form that i was previously married. i am wondering why they did not ask from USCIS and NVC despite the fact that it was asked to my current husband one year ago during the non immigrant visa interview he attended.

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Yes, you should expect problems.

By marrying a second husband before divorcing your first, you committed bigamy (the criminal offence of being married to two or more people at once; this is a crime in almost all western countries). Your current marriage is likely invalid.

when i went home with my husband to marry, i requested the divorce papers. the judge told me that they are aware of the disappearance of my formal husband who happen to be married with another woman with 3 kids and living in holand. the judge asked us to go ahead with the marriage and that its their policy to issue the divorce document only after some considerable time after notice. Thats the reason we received the documents 8 months later

with this advice we went ahead an got married. thats how i found my self in the mess. Right now my prayers is that they shouldnt asked anything about that just as uscis and nvc have not asked

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Filed: Citizen (apr) Country: Nigeria
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You are still married to your first spouse unless you have a divorce the spouse is dead or your first marriage was invalid when it happened. Him running off does not free you to marry someone else. You need to have a divorce.

This will not be over quickly. You will not enjoy this.

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So your first marriage was to someone whom you later found to be married to someone else when he married you, and you then remarried without divorcing him, or having that marriage annulled?

Yikes.

By not mentioning your previous marriage on your I-130 for your current husband, you may well have committed material misrepresentation on top of everything else, by attempting to obtain a benefit under fraudulent means. You were presumably attempting to conceal this from USCIS and omitted that information from the I-130, so why would you think they would ask further about it? You haven't told them you were married before, so they aren't going to keep asking about it.

It seems as if they have caught up with you though, since the embassy has asked your current husband about your previous husband; they are beginning to connect the dots, or may already have the complete story.

You have galaxy-sized problems and should run, not walk, to the nearest experienced immigration lawyer you can find, or twelve, and seek their guidance. You are one of the reasons that immigrating to the US is so costly and time-consuming, as you are attempting to commit visa fraud on top of bigamy.

The only - possible - saving grace I can see is that, if your first husband was already married to someone else when he married you, then your marriage to him may well have been technically invalid itself. Therefore, your current marriage would be your only genuine marriage. This is much too complex to get any meaningful advice here though, other than "talk to an attorney, this week".

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Filed: Citizen (apr) Country: Italy
Timeline

Lying or omitting info on you I130 is material misrepresentation .... Can get you a lifetime ban

Marrying someone while still being married to someone else.... Bigamy, illegial

If you slipped this by them and got the visa anyway, it would be based on false info and any benefits (green card ect) would be taken away and you would be deported...

You are up to eyeballs in a mess that you NEED a good lawyer for.... The omission on the I130 of being married is mess enough, throw in the fact you might be a bigamist and that's a pot full o trouble to say the least.

Please clarify if your first husband was the bigamist when he married you (that is, was he already married when he married you). If this is the case, your first marriage would be not valid and you might eek out of that one (but you will have to track down his previous marriage info to prove this ) ... But lying on the I130 is another elephant in the room you will have to address...

Get a competent lawyer...

10/14/2000 - Met Aboard a Cruise ship

06/14/2003 - Married Savona Italy

I-130

03/21/2009 - I-130 Mailed to Chicago lockbox

11-30-09: GOT GREEN CARD in mail!!!!!!

Citizenship Process;

1/11/2013: Mailed N400 to Dallas Texas

3/11/2013: interview.. Approved

4/4/2013. : Oath! Now a U.S. citizen!

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Filed: Lift. Cond. (apr) Country: China
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~Moved from Bringing Family Members of Perm.Residents to America to Effects of Major Family Changes on Immigration Benefits Forum~

~Similar topics are often discussed at this forum~

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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Filed: Citizen (apr) Country: Iran
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His visa will be denied since you are not legally married to him.

You need to withdraw the current I-130, marry your not spouse, and refile.

The US Government obviously knows about your first marriage. Your failure to disclose it on the I-130 does not mean it just goes away. You committed fraud by not disclosing the marriage and can only hope this perjury will be forgiven. You need to first marry your second husband since you are not legally married to him right now. Then you need to refile the I-130 and disclose your first marriage and include a certified copy of the divorce papers. Even if he happens to "slip by" the interview he is still subject to losing his LPR status and deportation at any time the US Government may discover he obtained the green card by fraud, i.e. claiming to be the spouse of a US LPR when he legally was not.

Now for a question that is implied by your post. How did you gain your LPR status?

Edited by belinda63
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If they asked your current husband about your first husband at the interview, they know you were married.

They also know you didn't supply information about the marriage on the I-130.

You need a lawyer. Your problems are larger than the scope of a self-help web site.

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Filed: F-2A Visa Country: Philippines
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I i was previously married and my husband abandon me prior to my travel to usa 4yers ago, and i had submitted forms together with him at the embassy. i however indicated at the us embassy about his disappearance. they gave me a different set of doc to fill omitting his name. to me that was all i needed to do perhaps because i did not know.

How did you gain your green card? What visa did you use to enter the US 4 years ago?

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How did you gain your green card? What visa did you use to enter the US 4 years ago?

lottery

If they asked your current husband about your first husband at the interview, they know you were married.

They also know you didn't supply information about the marriage on the I-130.

You need a lawyer. Your problems are larger than the scope of a self-help web site.

by the time they asked him about the previous husband, I the I-130 HAD JUST BEEN FILED

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Filed: F-2A Visa Country: Philippines
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How did you gain your green card? What visa did you use to enter the US 4 years ago?

lottery

Okay but you need to speak with an experienced immigration lawyer about your case.

Edited by apple21
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Lying or omitting info on you I130 is material misrepresentation .... Can get you a lifetime ban

Marrying someone while still being married to someone else.... Bigamy, illegial

If you slipped this by them and got the visa anyway, it would be based on false info and any benefits (green card ect) would be taken away and you would be deported...

You are up to eyeballs in a mess that you NEED a good lawyer for.... The omission on the I130 of being married is mess enough, throw in the fact you might be a bigamist and that's a pot full o trouble to say the least.

Please clarify if your first husband was the bigamist when he married you (that is, was he already married when he married you). If this is the case, your first marriage would be not valid and you might eek out of that one (but you will have to track down his previous marriage info to prove this ) ... But lying on the I130 is another elephant in the room you will have to address...

Get a competent lawyer...

He left me for another woman shortly after our marriage. I would not know whether he had already married her or not. All I did was reported to the embassy in my home country when i had not even had a visa to travel to usa. Then i was called a for a visa alone since i signed documents as a single person to come to usa. I had worn the us lottery before we got married

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