K1 visa confusion

[Peachess 140]

Hello all. I'm new here and need urgent advice.

I applied for a B visa not quite long ago but got denied. In my B visa I applied as married because I am married traditionally.

Thing is now my husband wants to file a k1 visa for me because at the time we had our traditional wedding he was still legally married to his ex wife and that should count as a polygamous marriage for US immigration purposes even though it is recognized and valid where I come from.

My fear is I hope my putting married in my previous B application will not jeopardize my k1 visa. We have a traditional marriage affidavit dated almost 4 years now and his divorce was only completed this year. Please I need your help and suggestions.

Do we continue with K1 or file a CR1?

[EM_Vandaveer 2,408]

IMHO the safest bet is to get married legally now that his divorce is final and go for the CR-1.

If you file for K-1, you really risk getting it denied for being "too married for K-1, not married enough for CR-1" and then you'd have to get legally married and file for CR-1 anyway.

[TierraGlanville 0]

As long as you and him are both legally divorced, file a K1 visa.

The K1 visa requires a special form called the certificate of non impediment. This is a legal document that states you are free to marry with no current marriage. If it comes back that you are still married, they will deny your K1 and tell you to file a different visa

[EM_Vandaveer 2,408]

As long as you and him are both legally divorced, file a K1 visa.

The K1 visa requires a special form called the certificate of non impediment. This is a legal document that states you are free to marry with no current marriage. If it comes back that you are still married, they will deny your K1 and tell you to file a different visa

OP isn't divorced. She's traditionally married to her husband.

They had a traditional wedding. This is a common occurrence in Africa, and leads to K-1 denial.

Edited December 12, 2016 by EM_Vandaveer

[Merrytooth 5,748]

We have a traditional marriage affidavit dated almost 4 years now and his divorce was only completed this year.

Is your spouse a naturalized USC?

[Ben&Zian 4,398]

CR-1..... get married "again" then file for spousal visa...

[aaron2020 11,651]

If the traditional marriage is valid and recognized where you come from then your husband is a bigamist.

Why do people complicate their lives by marrying someone else when they are already legally marry?

Edited December 12, 2016 by aaron2020

[Ebunoluwa 6,136]

The CO at your interview will have cross checked data from your previous B2 application with a K1 petition and deny

you for being traditionally married. You can't however file a CR1 on a traditional marriage affidavit and you need to
marry and register it properly and file with that marriage certificate for a CR1 petition.
The CO will want to know why you said married on the application when the final divorce decree was issues 4 years later.
They may even return the CR1 case to USCIS to let them make a recommendation.

I would front load and explain everything with the initial CR1 petition and explain in a letter that you were traditionally

married since ____and legally married since____and that his divorce was final____but that he thought as long as the traditional

ceremony was not registered that it would not be considered against the law. That the legal registered marriage took place on ____ .
Make a relationship timeline (USC should do this) to be transparent and open with USCIS from the beginning so that
the CO will not have to sort it all out later. Whatever has been submitted to USCIS does not usually undergo a deeper scrutiny
at the interview level but you will be questioned about it. Lagos is a tough embassy to go through and you have set yourself up
for an issue that you need to front load and explain to USCIS.

[MeAlone 161]

Hello all. I'm new here and need urgent advice.

I applied for a B visa not quite long ago but got denied. In my B visa I applied as married because I am married traditionally.

Thing is now my husband wants to file a k1 visa for me because at the time we had our traditional wedding he was still legally married to his ex wife and that should count as a polygamous marriage for US immigration purposes even though it is recognized and valid where I come from.

My fear is I hope my putting married in my previous B application will not jeopardize my k1 visa. We have a traditional marriage affidavit dated almost 4 years now and his divorce was only completed this year. Please I need your help and suggestions.

Do we continue with K1 or file a CR1?

Is it a polygamy valid in your country? How did you feel marrying a married man? Is it correct in your country?

Anyway now you need to get legally married and for marriage visa.

and what if after marrying you by law, he goes and marry somebody else in Traditional marriage? Is it legal in Nigeria? Will you agree your legal husband marrying traditionally one woman more?

It's confusing. Can you enlighten me, please

Tasha

[TBoneTX 45,288]

Welcome to the forum.

[Kosi Wahala 153]

Hmmm...polygamy is not legal in Nigeria. That's why, when you apply for a Nigerian marriage license, they post the document, along with passport photos of the intended bride and groom for 21 days - so that if there are other spouses, they can, in theory, come forward and object.

My friends here in the States always get a laugh out of watching the first five minutes of our civil marriage that took place at a Local Government Marriage Registry, in Nigeria - the first 5 minutes of the ceremony consists of the officiant describing all the ways that the bride and groom can find themselves imprisoned for 5 years - entering into a polygamist marriage being one reason. The officiant is careful to describe that if the bride or groom has entered into a polygamist marriage through a traditional ceremony - that is an offense that is punishable by jail time.

Before you run off and try to make this good, by going through a civil marriage, I think it in your best interest if you consult an attorney who is well versed on, not just immigration, but also the Nigerian Marriage Act of 1990.

[LionessDeon 2,060]

As long as you and him are both legally divorced, file a K1 visa.

The K1 visa requires a special form called the certificate of non impediment. This is a legal document that states you are free to marry with no current marriage. If it comes back that you are still married, they will deny your K1 and tell you to file a different visa

Not good advice and the Non Impediment is used at the Jamaican Embassy. Previous misrepresentations could affect future visa applications. Be careful of the advice you give.

OP, as others have stated it is best to work on getting married legally and file CR1. Heed Ebunoluwa's advice.

Edited December 13, 2016 by LionessDeon

[TierraGlanville 0]

My apologies for the misleading advice! I was only sharing what I knew from my own experience. Please be careful of the advice you listen tonon these forums. Most of us are not experts, and are only sharing what we know.

Good luck my dear, and I hope you get everything situated.

[soulstriker 274]

you have set yourself in the worse scenario already

[Kosi Wahala 153]

you have set yourself in the worse scenario already

I agree.

I sincerely hope that you two consult a competent attorney before you attempt to "fix" this on your own.

Question: Is your "husband" (In quotes because I am not sure what the law would presume the relationship to be, at this point) a natural born U.S. Citizen, or was he born in Nigeria, as well? If he is from Nigeria, how did he immigrate to the United States? If he was not born here, has he naturalized, or is he an LPR? Is his ex-wife a U.S. Citizen?

There seem to be so many questions that an attorney will need to sort out.

Edited December 13, 2016 by Kosi Wahala