Possible bigamy?

[NigeriaorBust 4,087]

How did you get your green card ?

[Sarah K 5]

Yeah, you aren't married and she's a bigamist. Sorry.

I'm thinking it is time to go home, I can't stay here, my fatherhood to my kids is screwed. She won't allow the kids to come with me.

I'm thinking I could possibly gain visitation rights to see my kids with US immigration.

[Sarah K 5]

How did you get your green card ?

What Green card? This is a whole other story which starts to make sense of her knowing of her bigamy.

[Rafael+Felicia 9]

Was she ready to divorce her (so called ex), if yes, then you can seat down and talk about it. For the sake of your children.

[Sarah K 5]

On a K1 visa I take it?

If so, you are here illegally and have obtained the green card fraudulently.

Nope AOS which should have been HB1 which was all a bunch of lies.

I doubt the US immigration has a "foreigner marries a bigamist AOS" form. I think its the "Kiss your kids goodbye JFK is that way" form

[Rafael+Felicia 9]

Nope AOS which should have been HB1 which was all a bunch of lies.

I doubt the US immigration has a "foreigner marries a bigamist AOS" form. I think its the "Kiss your kids goodbye JFK is that way" form

What country are you from? And how did you meet your girlfriend? And how did you get a green card if you have one?

[Sarah K 5]

Was she ready to divorce her (so called ex), if yes, then you can seat down and talk about it. For the sake of your children.

Yeah she left him when he kept it a secret for 6 months that he had not been paying the mortgage and they got foreclosed on.

My children are screwed more than I they are only 4 and 3. In an ideal world I'd take the kids and she could live nearby for visitation.

My kids only hope is that an immigration clemency bill comes through and I can jump on that train. I doubt I could do VAWA since I wasn't married in the first place.

What country are you from? And how did you meet your girlfriend? And how did you get a green card if you have one?

England, online, don't have a green card.

[Fan_Dancer 171]

I actually think that it is a form of abuse, and that you might have a shot. Talk to a lawyer.

[PallasAthena 101]

Before you leave the country, YOU NEED TO SPEAK WITH AN IMMIGRATION AND FAMILY ATTORNEY ASAP

[Hypnos 6,576]

VAWA is unfortunately not an option because you were not legally married. A bigamous marriage is not valid for most (all?) purposes, and certainly for US immigration purposes.

(Edit) It seems I am mistaken, and if you believed you were married at the time but later found out your marriage was bigamous, this doesn't preclude a VAWA filing. You should consult with an experienced immigration attorney. You would need to show she physically and / or mentally abused you though, and you've made no mention of that before now.

Edited May 30, 2014 by Hypnos

[Ebunoluwa 6,136]

Before you leave the country, YOU NEED TO SPEAK WITH AN IMMIGRATION AND FAMILY ATTORNEY ASAP

Most definitely !!!! As in yesterday.

[Sarah K 5]

I actually think that it is a form of abuse, and that you might have a shot. Talk to a lawyer.

She has been abusive in many ways and I did find out about VAWA 4 years ago but have been reluctant to do it, for lack of solid evidence. I think the bigamist card could be a winner.

But its a toughie it is so easy to say it than do it. I could do it but she could be prosecuted with the evidence. Me and the kids go into shelter. Step daughter goes to live with her Dad. Its a complete mess.

If I'd had the green card I would have moved out nearby and become single Dad to the kids.

Other choices are stay as I am and go home when the kids have finished college, hopefully they'd come with me. Hope that congress has a clemency for illegals.

[Sarah K 5]

VAWA is unfortunately not an option because you were not legally married. A bigamous marriage is not valid for most (all?) purposes, and certainly for US immigration purposes.

(Edit) It seems I am mistaken, and if you believed you were married at the time but later found out your marriage was bigamous, this doesn't preclude a VAWA filing. You should consult with an experienced immigration attorney. You would need to show she physically and / or mentally abused you though, and you've made no mention of that before now.

I've made no mention because I have not got onto that part. I'm still waiting for the poster with the IQ of a rufus monkey who posts "Well it would be nice to hear her side of the story"

[Hypnos 6,576]

There is no defence of bigamy. The only possible mitigation I can think of would be your (or someone else's) lawyer screwed up and didn't process a required piece of paperwork, and so you thought you were free to marry but actually weren't. Anything over that, e.g. thinking you magically don't need a divorce because you were married in another country, is just pure stupidity, plain and simple (talking about her, not you).

Edited May 30, 2014 by Hypnos

[Sarah K 5]

There is no defence of bigamy. The only possible mitigation I can think of would be your (or someone else's) lawyer screwed up and didn't process a required piece of paperwork, and so you thought you were free to marry but actually weren't. Anything over that, e.g. thinking you magically don't need a divorce because you were married in another country, is just pure stupidity, plain and simple (talking about her, not you).

I think the word for me is gullible, she told me about her getting married in Jamaica but I believed her when she said her ex was supposed to go and register their marriage once they were back in New York or it would not be recognized, he didn't, so the marriage was not legal in US and was free to marry.

Well it is nearly 1 am here in the Empire State I gotta sleep just before I Facebook my family of this mega one.

Thanks for all the replies, if anyone has any ideas or advice please post.