Divorce after marriage. Please Help!!!

[jtthomwest 1]

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

yea i actually have a divorce papers issued but 8 months after our marraige. as a matter of fact i have never set my eyes or communicated with this guy for 6 years. i am wondering if my spouse will need to show this divorce paper at the interview even though it is 8 months after

[apple21 953]

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

Married is married unless you have a divorce/annulment decree on-hand. You married your 2nd husband without it. In the i130 forms you lied about being previously married. That's the problem.

[christeen 966]

You will need to find this out as it is vital as to whether you and your current husband are married. If you and your first husband were married BEFORE he married the woman he left your for.... Then BOTH your marriages are invalid and you are both bigamist a (unless he filed for divorce in absentia) ... This is where a lawyer can jump in... Just notifying the consulate does NOT dissolve a marriage.... Married is married until you divorce or annul...

[jtthomwest 1]

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?

i called uscis when i discovered that i needed to do so when the partition was just 2 months after submition but they refused to return it to me. so i am now only counting on what they will say at the interview then i will start from there. I could not have indicated in the 130 when i dod not have anything to show off

[jtthomwest 1]

You will need to find this out as it is vital as to whether you and your current husband are married. If you and your first husband were married BEFORE he married the woman he left your for.... Then BOTH your marriages are invalid and you are both bigamist a (unless he filed for divorce in absentia) ... This is where a lawyer can jump in... Just notifying the consulate does NOT dissolve a marriage.... Married is married until you divorce or annul...

but do you think they will be asking all of this questions to my current spouse when it does not concern him? I think they can just denial him visa but will not interrogate him.

[christeen 966]

So I take it you are not getting a lawyer at this point? How about after the denial? You are failing to see the point... You cannot file a petition for a husband that you are not legally married to! You must be eligible at the time of filing, not when you get the paperwork...

[belinda63 3,038]

I strongly suggest you withdraw the petition NOW!. Trying to follow through with it will only complicate matters further and possibly lead to a lifetime ban for your significant other and possible repercussions on you.

[christeen 966]

Yes they can interrogate him... They believe that your guys are lying to the us govt...

[belinda63 3,038]

1. You committed perjury. You lied on the form by omitting a prior marriage.

2. You are not legally married to the person you petitioned. You stated he is your legal spouse but he is not.

3. The US government already knows you were married previously.

4. If your not-spouse makes any false or misleading statements during the visa process (read interview) he can not only be denied but banned from ever coming to the US.

5. If the US government feels you are trying to commit fraud they can cancel your LPR status and deport you.

WITHDRAW YOUR PETITION NOW!

[JIJourney 96]

This is what I call a mess.

You are in complete doo doo

[amuna0526 11]

You should have waited to be legally divorced. Then got married of course and then filed I-130. Go to a lawyer ASAP

[Boiler 45,536]

[Cathi 5,755]

I'm not understanding why you are blaming this mess on USCIS for not returning your petition to you when you asked for it to be returned, what you did was wrong, you knew it, and that's why you asked for it to be returned to you. This isn't the USCIS' fault, you sent the petition KNOWING you weren't divorced then just didn't bother to write the first marriage down on the petition thinking you would get away with it. You lied by omission, you divorced your first husband AFTER you married your current non-husband, you are NOT married, no one to petition. You should have cancelled the petition, and never allowed it to get to the consulate stage. Even if you withdraw the petition now the consulate obviously knows you lied, no getting out of it now. How do you think you're going to fix the situation, by lying more? This situation is your fault, and your fault alone, the USCIS didn't do anything wrong, YOU did. Sorry to say I have no sympathy if you are deported and your new non-husband is banned. People like you are the reason why others who are totally honest have to wait and go under increased scrutiny and delays. Even if you withdraw your petition and get the best lawyer there is, you have a zero to none chance of being approved and they will have you on the next plane home and your non-husband will have a permanent ban. You have also screwed up his chances of ever setting foot in the US. Was it worth it?

[Ihavequestions 419]

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

Your current maybe not husband was asked about your ex-husband during the interview for a visitor's visa. If I understand this correctly, your problems are bigger than they appear.

Get a lawyer.