Possible bigamy?

[minina 8]

I'm sorry to hear what you're going through.

I don't know where in New York you live, but If you live in the city then you can request some information about the previous marriage. That way you will know if that marriage is still legal, as she claims her "ex" didn't register the marriage with the authorities.

Bigamy is a felony in New York and it could be 3 to 4 years in prison if convicted. (Her, not you).

Even though he didn't register the marriage, As long as it was a marriage officer who conducted their marriage ceremony and they met the requirements of age, singular status, free and full consent, and for the conduct of the marriage in public in the presence of at least two witnesses, then they are married.

I also found a similar case as yours, but this is from someone in Iowa, I hope it helps

Here is the information I found for you:

http://www.thelaw.com/forums/showthread.php?t=38480

Q. Can I find out if someone is married by inquiring at the Office of the City Clerk?
A. Only certain persons, namely a spouse or a prospective spouse, can legally inquire about the prior or current marital history of their spouse or prospective spouse. If you are a spouse or prospective spouse, you may do this by visiting the Record Room Division of the Manhattan office and filling out a search application that includes a sworn statement as to your status. There is a fee of $5 by credit card or money order payable to the City Clerk. After the search is completed, a clerk will advise you by issuing a verbal "yes" or "no" answer but no documents will be given to you.

link to that page:http://www.cityclerk.nyc.gov/html/marriage/faq.shtml#inquiry

[Jawaree 717]

Without a *DIVORCE DECREE ABSOLUT* from the Supreme Court of Jamaica

she is not divorce , Jamaica is a part of the Americas & the marriage is very much

legal throughout the world and recorded, she has committed Bigamy and there's no

such thing as naïve bigamy, upon getting marry they do query had U been marry B4,

so she lied, U also knew she was marry, some way some-how U have to dis-engage

from this illegal marriage & not attempt to re-marry B4 doing so

[Harpa Timsah 13,258]

Hi John,

I just want to add, that while your marriage is automatically voidable and not legal, you will still have to get some paperwork to get proof of this. So you don't need a divorce, but I do think you need some sort of certificate and record of dissolution, voidability, or something like that. You'd have to look into the rules for that.

You haven't mentioned any abuse, but I will say that refusing to file immigration paperwork to keep your spouse dependent on you is a form of abuse.

[Boiler 45,519]

He knew she was married

He knew she was not divorced

Maybe a U Visa?

[kehills 217]

Hi John,

I just want to add, that while your marriage is automatically voidable and not legal, you will still have to get some paperwork to get proof of this. So you don't need a divorce, but I do think you need some sort of certificate and record of dissolution, voidability, or something like that. You'd have to look into the rules for that.

You haven't mentioned any abuse, but I will say that refusing to file immigration paperwork to keep your spouse dependent on you is a form of abuse.

All of this. And New York changed their divorce processes within the last couple of years, so you really, really, really need to talk to a lawyer who specializes in this kind of thing.

It sounds like you might want to just wash your hands of the relationship and return home, but if there was marriage paperwork filed for you and the mother of your children, you're going to at least need to get that cleared up so that you can legally marry in the future.

Good luck.

[N-o-l-a 7,167]

I agree completely with the above, you need a good lawyer.

However, there are some other things to think about:

Did she refuse to file AOS on your behalf and thereby not allow you to the freedom to work and travel? I am aware it would have been a fraudulent AOS on her part, but she did tell you that she was free to marry in America, no? I get the feeling that if she lured you to the US under false pretenses, married you saying it was legal, and then refused to assist you in obtaining proper immigration status you might have a case. 'Might' being the operative word here.

Have you been working illegally or have you ever claimed to be a US citizen during your stay here?

Also, perhaps consulting with a family lawyer in the UK who can advise you to your rights as to visitation and custody when filed from abroad. If you can not legally stay in the same country as your children through no fault of your own, I would suppose that you very well do have some sort of rights regarding time to be spent with your children.

[Boiler 45,519]

Not a UK court issue. No jurisdiction.

Not a UK court issue. No jurisdiction.

[aussie_jason 195]

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.

Wait a cotton picking minute... Just how long have you been here illegally then? Were you here originally on a H-1B that expired or have you been here illegally for over 4 years already? Either way that is going to further complicate any potential case you have.

How have you managed to stay here? Have you ever claimed to be a US citizen on an I-9 or otherwise? If so then you have even more problems.

[Caryh 5,206]

Hi John,

I just want to add, that while your marriage is automatically voidable and not legal, you will still have to get some paperwork to get proof of this. So you don't need a divorce, but I do think you need some sort of certificate and record of dissolution, voidability, or something like that. You'd have to look into the rules for that.

You haven't mentioned any abuse, but I will say that refusing to file immigration paperwork to keep your spouse dependent on you is a form of abuse.

That would be a case of filing for annulment, based on the other party not being free to marry.

[rlogan 2,036]

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

lol. No, it is not an "other" story. It is an integral part of the present story, which is impossible to comment on effectively without you telling the whole story. YEARS ago, you had ample demonstration that something was terribly wrong.

Whenever you are trying to appeal to authorities as a victim, and you leave off 90% of the story in order to present the 10% that you want to hang your hat on, you are toast. Especially when that 10% is you marrying someone who is already married and you are by law required to put down on the application forms any previous marriages for both parties. Naiive is not an excuse for this. It says to write down previous marriages and dates of divorce. They are going to laugh in your face if you try to pull the "naiive" story because even if you believed the marriage was not valid in the USA that would not nullify it in Jamaica - and you were instructed to write ALL previous marriages down, not just the ones in the USA.

Immigration officials have heard it all. The police and judges have heard it all. and what they do when they hear a story like this is conclude you can't be trusted to tell the truth. Don't take this as a personal attack. Take it as frank advice that trying to pull the wool over the eyes of experienced people specifically charged with sniffing out fraud is going to make things worse for you, not better.

[David & Diana R 1,005]

lol. No, it is not an "other" story. It is an integral part of the present story, which is impossible to comment on effectively without you telling the whole story. YEARS ago, you had ample demonstration that something was terribly wrong.

Whenever you are trying to appeal to authorities as a victim, and you leave off 90% of the story in order to present the 10% that you want to hang your hat on, you are toast. Especially when that 10% is you marrying someone who is already married and you are by law required to put down on the application forms any previous marriages for both parties. Naiive is not an excuse for this. It says to write down previous marriages and dates of divorce. They are going to laugh in your face if you try to pull the "naiive" story because even if you believed the marriage was not valid in the USA that would not nullify it in Jamaica - and you were instructed to write ALL previous marriages down, not just the ones in the USA.

Immigration officials have heard it all. The police and judges have heard it all. and what they do when they hear a story like this is conclude you can't be trusted to tell the truth. Don't take this as a personal attack. Take it as frank advice that trying to pull the wool over the eyes of experienced people specifically charged with sniffing out fraud is going to make things worse for you, not better.

Amen!

[Sandra G. 5,047]

There is no abuse here at all.Let's stop with the VAWA song. USCIS said 1000 times when issuing RFE in Vawa cases that " drunkenness, cheating, failing to file AOS ,lying,misleading,being mean, they consider "MARITAL DIFFERENCES, UNPLEASANT SITUATIONS", (their words), BUT NOT ABUSE. I can't see any abuse going on here.

[Fan_Dancer 171]

There is no abuse here at all.Let's stop with the VAWA song. USCIS said 1000 times when issuing RFE in Vawa cases that " drunkenness, cheating, failing to file AOS ,lying,misleading,being mean, they consider "MARITAL DIFFERENCES, UNPLEASANT SITUATIONS", (their words), BUT NOT ABUSE. I can't see any abuse going on here.

How about lying that you are free to marry then following through with the marriage? Is it an "unpleasant situation"? Misleading with legal consequences is different from cheating or being mean, if you ask me.

[aussie_jason 195]

How about lying that you are free to marry then following through with the marriage? Is it an "unpleasant situation"? Misleading with legal consequences is different from cheating or being mean, if you ask me.

As per the OP:

My wife says that because her ex did not notify the authorities in New York of their marriage in Jamaica that she is not legally married in USA and therefore legally able to marry me.

Ignorance of the law is no excuse, there was no misleading.

[TBoneTX 45,293]

Removed from thread:

-- A post by someone who obviously didn't read the thread for previous answers before posting.

-- A natural reply to same.

-- A defensive response.

It's most courteous to your fellow members to read entire threads before responding to an opening or early post. Thanks for your awareness.