Not sure where this belongs k1 vs cr1

[jamilasadir 0]

Okay so I met my husband in Morocco we married under Moroccan law contract of marriage I came back to the states to file CR1 for him and was not able to because I didn't have a divorce from the courts from previous husband. I did have an Islam divorce through sheikh but USA didn't recognize it for immigration however Morocco did for remarriage purposes. Was advised by someone who said they were a lawyer in one of the facebook forums to take the divorce in courts and file a K1 once divorce of court was completed. Hubby is a worry wart and believes they can't accept us as K1 because we don't have the certificate of celabacy and per Moroccan law we are married...but per USA law we are not they won't recognize the marriage because as far as they are concerned I was still married to ex due to the court divorce not being in place at time of new marriage to Moroccan.

[Boiler 46,298]

US recognises most marriages that are legal in the country concerned , but not Bigamous marriages.

May raise other interesting issues.

Quite how you get out of this hole, I am not sure, especially with this Consulate.

[Anh map 2,098]

You may need to spend some money and get advice from a qualified immigration attorney with Casablanca or other MENA experience.

[Amhara 460]

Okay so I met my husband in Morocco we married under Moroccan law contract of marriage I came back to the states to file CR1 for him and was not able to because I didn't have a divorce from the courts from previous husband. I did have an Islam divorce through sheikh but USA didn't recognize it for immigration however Morocco did for remarriage purposes. Was advised by someone who said they were a lawyer in one of the facebook forums to take the divorce in courts and file a K1 once divorce of court was completed. Hubby is a worry wart and believes they can't accept us as K1 because we don't have the certificate of celibacy and per Moroccan law we are married...but per USA law we are not they won't recognize the marriage because as far as they are concerned I was still married to ex due to the court divorce not being in place at time of new marriage to Moroccan.

I get the feeling that you are a little misguided. I think the US will recognize you as married if you are married in Morocco. I think what's going on here is that you are not providing proper documentation that you are divorced. I don't think the US still considers that you are still married to the ex, but only you have not shown you are.

The divorce needs to be a properly executed divorce decree or certificate issued by the appropriate, local court system. "Copies of foreign marriage and divorce certificates may be obtained directly from the civil registrar or court in the foreign country where the marriage or divorce occurred." Try this link below:

http://travel.state.gov/content/passports/en/abroad/events-and-records/divorce/divorce-legal-issues.html

"In some cases, an authenticated copy of a marriage or divorce certificate will be required when you need to use a legal document from one country in another country. An authenticated document is one that a government authority has certified as genuine. In the case of a foreign document, authentication happens either by obtaining an apostille (in countries party to the Hague Legalization Convention) or by having the document authenticated by the local U.S. embassy or consulate. This is not a form a registration, but simply the placing of the seal of the U.S. embassy or consulate over the seal of the foreign court."

[jamilasadir 0]

Perhaps I should clarify. Islam divorce dated August 26 2014. Morrocan marriage date March 28 2015. American court divorce dated October 14 2015. So you see my predicament? I was told the onky way was a K1 but part of the requirements from consulate is celabacy certificate. It's not possible to obtain this now. We are expecting and due March 29 2016.

[Boiler 46,298]

So back to Bigamous Marriage.

US does not care about celibacy.

Edited November 5, 2015 by Boiler

[Anh map 2,098]

Casa website does mention a certificate of singleness (not celibacy) for the K1. From what you say that will not be possible for your husband.

Something that may be of interest to you >>>> http://www.ailadownloads.org/ilt/2008/Nov-Dec08ILTFullText.pdf There is a portion of the article that seems to be similar to your circumstances.

[NikLR 13,232]

You need to remarry your husband. You are too married for the K1 and currently not married enough for the Cr1.

Edited November 7, 2015 by NLR

[Transborderwife 4,666]

You need to remarry your husband. You are too married for the K1 and currently not married enough for the Cr1.

Best advice I've seen

[jamilasadir 0]

Best advice I've seen

It is good advise but how?

[Transborderwife 4,666]

It is good advise but how?

You have another legal ceremony once legal divorce is finished. Your second marriage isn't valid.

[aaron2020 11,651]

It is good advise but how?

In the eyes of the US government, you are a bigamist.

You are a citizen of the state you live in. To divorce, you must comply with the divorce laws in your state of residency.

No US state allows for an Islamic divorce with just an Iman and no civil paperwork. It doesn't even matter that you got divorce in a jurisdiction that allows Islamic divorces because you are still subject to the divorce laws in your state of residency. Since you did not follow the divorce laws of your state, then you are not legally divorced.

When you married your second husband, you we're not legally divorced under the divorce laws of your state, so you committed bigamy.

This is why you need to finalize your first divorce before you can be free to marry.

Once you ring the bigamy bell, you can not just ignore the second marriage, get a legal divorce, and then marry and present that marriage certificate. That does not erase the bigamist marriage.

This is not a do-it-yourself case. You need a good immigration lawyer.

[aaron2020 11,651]

You need to remarry your husband. You are too married for the K1 and currently not married enough for the Cr1.

This does not solve the bigamy problem. A legal divorce from her first husband and marrying the 2nd husband does not erase the fact that she was legally married to 2 men at the same time.

You have another legal ceremony once legal divorce is finished. Your second marriage isn't valid.

. The 2nd marriage is valid. No court has invalidate this marriage. It's just a marriage that makes the OP a bigamist. The marriage was legal where she entered into it, and it remain so until a court said otherwise. Edited November 8, 2015 by aaron2020

[aaron2020 11,651]

Gentlemen,

OP was married to her first husband on March 28, 2015, when she married her second husband. The 2nd marriage is legal in the jurisdiction in which it occurred. She subsequently divorced her first husband legally on October 14, 2015.

The divorce did not erased the fact that she was married to 2 men at the same time. It doesn't unring the bigamy bell. A 2nd marriage license to the 2nd husband does not unring the 1st marriage to the 2nd husband because it was legal where it occurred.

[jamilasadir 0]

All is good it was all done under being told the wrong information from the person who commenced the first divorce. The first marriage is finished by USA standards so technically in North America I'm single and am not a polygamist. The 2nd marriage is valid in the country it was preformed and any other sharia law country. It's all sorted but thanks for the great advice from everyone.