How to apply?help

[Faith83 0]

Hi everyone , im new to VJ and i hope you can help me , i got married 5 y ago to my husband as a second wife ( plz don judge , its legal in all ways in my country to have more than one wife) as he was separated from his american wife who got married in my country too , so both marriages took place out of states, then she came back after i got pregnant - she already said she doesnt consider herself as married coz its not recognized in her country - usa- and she is not coming back and left - based on that we got married.

After she came back we started to have troubles together and he choose to live with her coz she cannot live alone in forigen country . At that time she had to go to usa for medical condition she had, and told him she will apply for my husband to go to her and wants to adopt my child , ofcourse i refused and we separated and he left to her a year after.

I did not get divorce in the legal way just in religous way so its not documented .

He visited us once or twice and he said they have trouble living together

They got divorce , and he tried with us to be family again for our kid and we have two more kids

Now my husband is green card holder - they divorced before he gets his green card - and im tired from being apart and with three young kids , he visits regular and he wants to apply for us to live together

Can he petion for us now as green card holder or waits untill he is a us citizen ?

Must we get divorce decree and a new marriage certificate before we apply or just a new marriage ?

Im aware we need to remarry

Will this situation affects his citizenship application later?

And if we got remarried , what is the situation of our kids? As by then they were born whil our marriage is not recognized to us law , is that ok ?or will do troubles to kids petition later ?

Thank you for reading and plz forgive my english .

Edited November 17, 2016 by Faith83

[Ben&Zian 4,398]

No judgement from here at all. So sorry if something comes across as negative in advance.

So your husband married his USC wife? Then he married you also, which in your country is legal. Issue is the U.S. does not see that as legal and most likely never would have recognized it.

Secondly, your "husband" (using quotes because again it probably is not seen as legal in the eyes of the US) is his divorce finalized?.. Then most likely he would have to go and again marry you once he is fully free and clear to do so and divorce is finalized in the US.

Then there's the issue of, if he divorces here, and immediately were to marry you(seeing as you have children with him already) would the embassy there approve or find it to be a bit suspicious do to the circumstances.

As to your question about can he petition for you, the answer is yes. Once his divorce is finalized, he could "remarry" you, then apply for a CR-1 visa for you; but for permanent residents I think it takes about 2 years.. something like that.

There is a lot of information here and it is not the simplest of cases. There are quite a few steps that need to be taken first before you could even consider filing for a spousal visa.

May we ask also, it might help with some further answers, what country are you from?

Edited November 17, 2016 by Ben&Zian

[sfcscott 34]

I know if he is petitioning with a K1 Visa, he MUST be a US Citizen.

[Ben&Zian 4,398]

Yea more and more I'm rethinking about this post there is so much missing information still. Specifics on dates of these 'marriages' and the religious divorce...

He was married to the USC while having kids with this woman.... The USC filed for him (spousal visa I assume) and he had been married to the OP, did he admit this on the forms or has he already committed misrespresentation?

This is quite a mess....

[Boiler 45,585]

The simplest solution would be for him to move to you rather than all of you to move to him.

[Ben&Zian 4,398]

The simplest solution would be for him to move to you rather than all of you to move to him.

Simply put and accurate.

[Faith83 0]

Thank you and appreciate your reply , no its not the simplest case but i have been reading on visa journey for almost similar cases , as men married other women and his divorce is not final though , both marriages took place out of the states and his divorce is final since almost 2 y ago .

[Boiler 45,585]

You have many many issues, like I said the simplest solution for you to be all together is that he moves.

[Faith83 0]

Yes we consider him moving to us its not that big deal but will take time as he needs to finish school first and i find its absolute right for any one to go with immigration process accepted or denied is not the issue but at least you try things in your life and not putting your head down for suspected danger or trouble , i take it from the concept " face your destiny, do not run from it" thx again

You have many many issues, like I said the simplest solution for you to be all together is that he moves.

May I ask you to define some of these issues plz . I just need to understand more and be aware of things that I don know

[Ontarkie 14,237]

Thank you and appreciate your reply , no its not the simplest case but i have been reading on visa journey for almost similar cases , as men married other women and his divorce is not final though , both marriages took place out of the states and his divorce is final since almost 2 y ago .

It does not matter if both marriages took place out of the US.

Getting remarried after a GC and petitioning someone is not the same thing you two have going on. You have been part of a bigamist marriage and a no no with immigration. The US still recognized his first marriage as a legal marriage even if they were married in your country. If they didn't his ex wife would not have been able to petition him.

What the others are trying to say is that he would have been asked if he has ever been part of a bigamist marriage. If he marked yes he should have been denied a visa if he marked no then he lied and by petitioning for you and the kids now it will all come out.

He can lose his green card, deported, and banned for life. This is not something to take lightly he needs to talk to many really good attorneys before anything is done.

Edited November 17, 2016 by Ontarkie

[Faith83 0]

It does not matter if both marriages took place out of the US.

Getting remarried after a GC and petitioning someone is not the same thing you two have going on. You have been part of a bigamist marriage and a no no with immigration. The US still recognized his first marriage as a legal marriage even if they were married in your country. If they didn't his ex wife would not have been able to petition him.

What the others are trying to say is that he would have been asked if he has ever been part of a bigamist marriage. If he marked yes he should have been denied a visa if he marked no then he lied and by petitioning for you and the kids now it will all come out.

He can lose his green card, deported, and banned for life. This is not something to take lightly he needs to talk to many really good attorneys before anything is done.

I don know if he marked that or not but his ex is the one who did all papers required and I read if the person had both marriages in the states or both wives this is bigamy but if marriages happened in some country where bigamy considered as legal then it's not a crime .this is from lawyer.-correct that if wrong plz-

But what I understand from your reply that it is all about this as bigamy?

[Ontarkie 14,237]

That would be one part of what they will look at.

Look at it as an outsider. Here how's it looks to me - Your Husband married a USC lived with her part of the time and you the other part. Had kids with you not and with her went back and forth between the two houses. He did not live with both of you in the same house like he would if he had traditional marriages. (multiple wives in the same house one big happy family sort of deal). It's screaming he's scamming the USC wife from day one.

Did you actually speak to his first wife or is all the information about their marriage all from him? I'm just trying to understand how you say she didn't have a real marriage to her as it wasn't recognized in the US (it was if she was his first marriage only wife) then she petitions for him based on this first marriage. So she must have known that her marriage was legal in the US also or she learned about it after her return to the US.

Sorry just trying to fill in some of the blanks. They matter as the dates of marriages both hers and yours plus the birth of the kids will all come out. Even if you divorce and remarry which will have to happen as the US will not recognize the one while they were married as valid.

[Shiobhan 235]

USCIS will respect the fact many wives are acceptable in your country, however after the first

marriage none other is acceptable here as legal marriage, marrying a USC then divorce &

petitioning someone from your own country is a red flag, add 3 kids to the mix during this

marriage is very suspicious, if it was an immigration norm many from many wives country would

have done so. I agree he should move back & live with you as a family helping to raise the kids. A

very complex issue fraught with suspicions

[belinda63 3,038]

It looks like he married the first wife just to obtain a green card. And he was having a relationship with you and a family while obtaining his green card. Then when he had it he divorced wife one and wants to petition the woman he really wants to be with.

TLDR: He married the first wife only for the green card.

[aaron2020 11,651]

Hi,

There is no way for you to come to the US. Your husband obtained his green card through fraud. Fraud that will be exposed at put his green card at risk if he files for you.

While your polygamous marriage is legal in your country, it's not legal for a person to immigrate to the US to practice polygamy. The US Embassy can not issue an immigration visa and USCIS can not grant a green card to anyone who would come to the US to practice polygamy.

Your husband's first marriage is valid in the US; that's why her country gave her husband a spousal immigrant visa. Since he was married to her and to you at the same time, he should have been denied the visa if he had actually disclosed both marriages. He lied to get his visa.

This is a classic case of immigration fraud; immigrate through a USC, divorce, and go home to marry a girl from the home country that the immigrant already had a relationship with before.

Your husband moving back would be the best idea.

Edited November 18, 2016 by aaron2020