be a problem? married date is earlier than divorce decree?

[yunwoo 0]

Im asking this question on behalf of my friend. He married USC in May 1, 2004 in bali - Indonesia.

However, his wife divorce decree was 7 weeks later than their married date, meanwhile her stipulation and property agreement which signed by their attorney, her and her ex husband in April 22, 2004.

Before they got married, his wife attorney said thats done and she may allow to marry her fiance.

Will be a problem if his wife file the petition for him? Thank you.

[john_and_marlene 162]

Im asking this question on behalf of my friend. He married USC in May 1, 2004 in bali - Indonesia.

However, his wife divorce decree was 7 weeks later than their married date, meanwhile her stipulation and property agreement which signed by their attorney, her and her ex husband in April 22, 2004.

Before they got married, his wife attorney said thats done and she may allow to marry her fiance.

Will be a problem if his wife file the petition for him? Thank you.

I think he will need to get married again -- this time legally.

[Robor007 0]

If your friend married this woman before she was legally divorced then I don't see how the marriage can be considered legal.

[zyggy 9]

Sorry.. you have to be married when you are free and legally able to marry.. that didn't happen until the divorce decree was finalized...

Additionally, if they filed an I-130 based on this marriage, it will be rejected by someone along the line and the I-130 petition has to be filed after the legal marriage has been performed... I would get another legal marriage and file another I-130...

[yunwoo 0]

For your information, she filed tax as married couple (since year 2004) and her husband had ITIN.

And all responses to be forwarded to them, thank you.

[pushbrk 13,108]

For your information, she filed tax as married couple (since year 2004) and her husband had ITIN.

And all responses to be forwarded to them, thank you.

This is not going to matter. USCIS will compare the dates on the final divorce decree and marriage certificate you are required to file with the petition. Unless they somehow don't notice, they will deny your petition and tell you why. If the petition is not yet filed, they will want to obtain a new marriage certificate by whatever means required.

Edited March 20, 2007 by pushbrk

[Looking4Wife 0]

Im asking this question on behalf of my friend. He married USC in May 1, 2004 in bali - Indonesia.

However, his wife divorce decree was 7 weeks later than their married date, meanwhile her stipulation and property agreement which signed by their attorney, her and her ex husband in April 22, 2004.

Before they got married, his wife attorney said thats done and she may allow to marry her fiance.

Will be a problem if his wife file the petition for him? Thank you.

Of course this is going to be a problem for a petition. One of the main things USCIS asks for is evidence that the parties were free to marry (not married to anyone else).

In fact, they are known to deny Visas on the basis that the new spouse/fiancee didn't know about a previous marriage/legal divorce.

Sounds like "his wife('s) attorney" helped get them into this (illegal) mess, and "his wife('s) attorney" should be willing to help them get out of this (illegal) mess.

[Aymerlu 3]

Oh yeah, this will be a problem. This marriage isn't legal since the party was already legally married to someone else.

[tiberonsuave 0]

In many locales throughout the world the marriage could very well be "legal" as polygamy is legal in that part of the world. I don't know about India. For example, I do think India is a locale where it is legal to marry your niece.

However, immigrations has their own rules that you must satisfy.

t

Oh yeah, this will be a problem. This marriage isn't legal since the party was already legally married to someone else.

[misa 2]

USCIS requirements are that you are legally free to marry both in your home country AND in the U.S. Polygamy is a no-no in USCIS' eyes.