Question about invalid marriage after attaining US citizenship

[SK89 0]

Hi!

I wasn't sure which section to put this in but here goes my question.

I've got a friend whose been a US citizen for more than a decade and got her citizenship through marriage. Recently, however, there's been a lot of turmoil in their marriage and she might end up filing for divorce and she's worried her husband's previous divorce wasn't finalized. So my question is what will happen to her US citizenship if their marriage is declared invalid? How will it affect her and her kids who are also naturalized US citizens? Will their status be taken away?

Thanks in advance!

[Boiler 45,913]

I know you mean well but this is a very serious situation. I strongly suggest your friend joins, You could make a bad situation worse, even if doing so inadvertently.

[Chitown15 11]

Hi!

I wasn't sure which section to put this in but here goes my question.

I've got a friend whose been a US citizen for more than a decade and got her citizenship through marriage. Recently, however, there's been a lot of turmoil in their marriage and she might end up filing for divorce and she's worried her husband's previous divorce wasn't finalized. So my question is what will happen to her US citizenship if their marriage is declared invalid? How will it affect her and her kids who are also naturalized US citizens? Will their status be taken away?

Thanks in advance!

Since already obtaining US Citizenship, I don't understand how USCIS will be involved with the divorce.

My concern if I was your friend (and her husband) is the legal trouble they will get into if the judge determines the first marriage was not finalized

[tyler007 26]

I'm no lawyer but if your friend had no knowledge of the incomplete divorce then her citizenship would not be revoked. On the other hand if it can be proven that she knew her husband wasn't legally able to marry then there could be an issue.

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartL-Chapter2.html

Edited December 6, 2015 by tyler747

[Boiler 45,913]

Since already obtaining US Citizenship, I don't understand how USCIS will be involved with the divorce.

My concern if I was your friend (and her husband) is the legal trouble they will get into if the judge determines the first marriage was not finalized

Sounds like her initial PR was fraudulent and therefore everything that followed it was void.

Edited December 6, 2015 by Boiler

[SK89 0]

Thanks all for the quick replies.

I figured I'd ask around cause I'm clueless about these things and was lucky enough to find this forum. I'll try to convince her to join. She's really concerned for her kids.

[Pitaya 2,577]

~Moved from K1 Process to Effects of Major Family Changes on Immigration Benefits Forum~

~Similar topics are often discussed at this forum, not K1-related~

[mallafri76 1,012]

The kids, are they her kids or their kids? If her husband, the USC who petitioned for her, is also the dad to the kids, then they got their US citizenship through him.

I'm with Boiler in regards to her US citizenship. If her immigration and subsequent US citizenship was based on an invalid marriage, due to her husband being married to someone else, then everything after the invalid marriage would be invalid too. But I really think she needs to speak to a good lawyer, that can advice her much better.

[NikLR 13,231]

Your friend should get a VERY good immigration lawyer.

[Jawaree 718]

If she had no idea, neither did former wife report him or notified her its not

her fault, how she could be in some mess if this turns out to be true.

I wonder though with her being a citizens all these yrs, and now getting a

divorce what does immigration have to do with the divorce, is she planning on

remarrying & petitioning someone? She wont get answers from a forum she needs

to speak an immigration & divorce atty.

[SK89 0]

The kids, are they her kids or their kids? If her husband, the USC who petitioned for her, is also the dad to the kids, then they got their US citizenship through him.

I'm with Boiler in regards to her US citizenship. If her immigration and subsequent US citizenship was based on an invalid marriage, due to her husband being married to someone else, then everything after the invalid marriage would be invalid too. But I really think she needs to speak to a good lawyer, that can advice her much better.

Her kids from a previous marriage.

The crisis has been averted though, just spoke with her on the phone this morning and they spent the whole night digging through their files and found his divorce paperwork and confirmed that it was finalized before their were married.

Thanks again!

[tyler007 26]

Glad it is now resolved . Hard to believe her and her kids would have been able to come here without the husbans prior divorce and being scrutinized by INS at the time.

[NikLR 13,231]

Thanks for the update!

[newacct 688]

If she had no idea, neither did former wife report him or notified her its not

her fault, how she could be in some mess if this turns out to be true.

She is not at fault, but that doesn't mean her immigration status can't be taken away.

[baron555 934]

Hi!

I wasn't sure which section to put this in but here goes my question.

I've got a friend whose been a US citizen for more than a decade and got her citizenship through marriage. Recently, however, there's been a lot of turmoil in their marriage and she might end up filing for divorce and she's worried her husband's previous divorce wasn't finalized. So my question is what will happen to her US citizenship if their marriage is declared invalid? How will it affect her and her kids who are also naturalized US citizens? Will their status be taken away?

Thanks in advance!

Nothing will happen to their citizenship. It is theirs for life.