does INS check for previous marriages?

[alexandraclark 0]

Hello everyone!!

I'm new to this forum and thank you in advance for offering your advice! My husband and I are at our wits' end!

Here's out situation. Basically, we are curious to know whether INS checks for previous marriages.

I am an American citizen and my husband is from the United Kingdom. We got married last month! We are now in the process of filing out his visa application. The only problem is that he was previously married, 15 years ago. He did it when he was 19 and met an American girl while he was on vacation here, who wanted a British passport, so he married her. They dated for a few months and then broke up. Eventually, they lost contact. A couple of years ago, he got a unilateral divorce in Haiti. We didn't list this previous marriage/divorce in our marriage license application because we know the U.S. government doesn't recognize unilateral divorces. We now face the same problem with our INS application, since it asks about previous marriages and requires proof of a divorce of all previous marriages.

So, we are tempted to just not list it BUT... will INS do a check, across U.S. state records, using his British passport number, to see if he's ever been married??

THANKS IN ADVANCE!!!!!

[Mononoke28 135]

Wouldn't that be lying? I mean a marriage is a marriage or he wouldn't have to go through the process of getting a divorce from his ex-wife in the first place. Am I wrong on this one?

[rebeccajo 14]

Well, if he married in the US 15 years ago, and the US doesn't recognize this Haitian divorce, and he married in the US again 1 month ago, then what you have now is probably not a legal marriage.

It may be bigamy.

[homesick_american 1]

That's the kind of thing that can get you a big fat denial.

I would talk to a lawyer.

[babybunny 2]

Hello everyone!!

I'm new to this forum and thank you in advance for offering your advice! My husband and I are at our wits' end!

Here's out situation. Basically, we are curious to know whether INS checks for previous marriages.

I am an American citizen and my husband is from the United Kingdom. We got married last month! We are now in the process of filing out his visa application. The only problem is that he was previously married, 15 years ago. He did it when he was 19 and met an American girl while he was on vacation here, who wanted a British passport, so he married her. They dated for a few months and then broke up. Eventually, they lost contact. A couple of years ago, he got a unilateral divorce in Haiti. We didn't list this previous marriage/divorce in our marriage license application because we know the U.S. government doesn't recognize unilateral divorces. We now face the same problem with our INS application, since it asks about previous marriages and requires proof of a divorce of all previous marriages.

So, we are tempted to just not list it BUT... will INS do a check, across U.S. state records, using his British passport number, to see if he's ever been married??

THANKS IN ADVANCE!!!!!

well the USICS is not some game! you act like its not a big deal- from the tone of this message. you really think the USICS cant find out if he has been married or when and how? the USICS spend countless hours, months and years trying to find out information on Both the USA spouse/ fiancee and the immigrant. THe USICS has been known to send the CIA to the immigrants home! < they did in my case > and the FBI to your house! plus the USICS can call you into their office < they did in our case > dont.be lying the USICS is serious about IMBRA and homeland security.

if its found he is still married your case will be denied. you claim you husband is a UK national. but, met an american girl but got divorced in haiti? whats haiti have to do with the divorce? the divorce is more than likely not even valid!!! which I have seen on VJ people get divorced in a 3rd party country and later find the divorce is not even valid.

what your man gotta do is DIVORCE!! then you have to RE marry. right now your petition is null. dont even try to file. if you do this could be a double edge sward! because, your case could actully become investigated by the fraud department at USICS. we all know that can take YEARS to clear up. we been on Admin Processing for 2 years!!! this is after our interview!

take heed to the warnings and handle your business the right way!!!!!

[babybunny 2]

btw, the USICS and EMBASSY check on the passport. thats why they perform the security checks like they do!!! they find information from interpol. you are only filing the initial paper there will be a document he will ultimately have to file for the embassy plus provide police reports and if he lived in haiti he has to provide a police report from there. you cant hide it. go in the marriage with a clean slate or spend YEARS in hell..

if its found you hid a material fact such as his marriage you could be found out for immigration fraud.

that my dear carries a life time bann.

Edited April 11, 2007 by babybunny

[john_and_marlene 162]

Well, if he married in the US 15 years ago, and the US doesn't recognize this Haitian divorce, and he married in the US again 1 month ago, then what you have now is probably not a legal marriage.

It may be bigamy.

I agree after making a couple of edits

[rebeccajo 14]

Well, if he married in the US 15 years ago, and the US doesn't recognize this Haitian divorce, and he married in the US again 1 month ago, then what you have now is probably not a legal marriage.

It may be bigamy.

I agree after making a couple of edits

LOL....John, I prefaced my comments as I wasn't sure about the 'unilateral divorce' bit.....I wanted to type it the way you edited it.......

[*JG* 2]

Hello everyone!!

I'm new to this forum and thank you in advance for offering your advice! My husband and I are at our wits' end!

Here's out situation. Basically, we are curious to know whether INS checks for previous marriages.

I am an American citizen and my husband is from the United Kingdom. We got married last month! We are now in the process of filing out his visa application. The only problem is that he was previously married, 15 years ago. He did it when he was 19 and met an American girl while he was on vacation here, who wanted a British passport, so he married her. They dated for a few months and then broke up. Eventually, they lost contact. A couple of years ago, he got a unilateral divorce in Haiti. We didn't list this previous marriage/divorce in our marriage license application because we know the U.S. government doesn't recognize unilateral divorces. We now face the same problem with our INS application, since it asks about previous marriages and requires proof of a divorce of all previous marriages.

So, we are tempted to just not list it BUT... will INS do a check, across U.S. state records, using his British passport number, to see if he's ever been married??

THANKS IN ADVANCE!!!!!

For Andre's visa, I had to send along my divorce decree with the I-129F. He had to get a non-impediment to marriage form in Jamaica showing he wasn't married and was free to marry me. Had he been divorced, it would have come up then.

So, I am saying, yes. You better show it and prove they are divorced or you will have problems somewhere along the way.

[john_and_marlene 162]

Well, if he married in the US 15 years ago, and the US doesn't recognize this Haitian divorce, and he married in the US again 1 month ago, then what you have now is probably not a legal marriage.

It may be bigamy.

I agree after making a couple of edits

LOL....John, I prefaced my comments as I wasn't sure about the 'unilateral divorce' bit.....I wanted to type it the way you edited it.......

I often feel the urge to tell it like it is. Sometimes I act on that urge.

[zyggy 9]

A unilateral Haitian Divorce is not recognized in the US per the Supreme Court case Williams v. State of North Carolina. Sorry, but your "husband" was not free to marry you in the eyes of US law at the time of your marriage and therefore is not considered your immediate relative and is ineligible for benefits. THere are ways that your "husband" can get a legal divorce "in absentia" due to abandonment in his home country that would be considered legal. Suggest that he consults with an attorney in his home country on how to go about that...

[Robor007 0]

I often feel the urge to tell it like it is. Sometimes I act on that urge.

Your candor is appreciated. The reason I say that is I would imagine the agents doing the processing and interviews at most embassies and consulates are going to do the same. The way I see it, it is our burden to follow the process by the letter and be able to prove we are not one of the 'bad apple' couples.

[pushbrk 13,066]

We didn't list this previous marriage/divorce in our marriage license application because we know the U.S. government doesn't recognize unilateral divorces.

First, don't lie to the US Government during the visa process. The result is too severe.

However, I don't understand the quoted statement. Maybe the US Government won't recognize THIS divorce but they darn sure recognize divorces granted to people when one party may or may not know about the divorce. Most States have provisions for divorcing spouses who have abandoned the marriage and whose whereabouts are unknown. The process generally requires the missing spouse be "served by publication".

I would check this out thoroughly. Your husband's divorce is probably just fine, provided he has a duly issued "divorce decree" or equivalent.

[zyggy 9]

We didn't list this previous marriage/divorce in our marriage license application because we know the U.S. government doesn't recognize unilateral divorces.

First, don't lie to the US Government during the visa process. The result is too severe.

However, I don't understand the quoted statement. Maybe the US Government won't recognize THIS divorce but they darn sure recognize divorces granted to people when one party may or may not know about the divorce. Most States have provisions for divorcing spouses who have abandoned the marriage and whose whereabouts are unknown. The process generally requires the missing spouse be "served by publication".

I would check this out thoroughly. Your husband's divorce is probably just fine, provided he has a duly issued "divorce decree" or equivalent.

I agree.. there are ways to deal with the issue of getting a divorce with the other party "in absentia".. however, a unilateral Haitian divorce isn't one of them since it does not provide proper notice for the other party to challenge the divorce.

Edited April 11, 2007 by zyggy

[Yodrak 7]

alexandraclark,

The INS doesn't check anything since it does not exist and hasn't for a few years now. But in any event, please do get in the habit of answering all questions accurately and truthfully. You never know when a misrepresentation might come back to haunt you.

Yodrak

Hello everyone!!

I'm new to this forum and thank you in advance for offering your advice! My husband and I are at our wits' end!

Here's out situation. Basically, we are curious to know whether INS checks for previous marriages.

I am an American citizen and my husband is from the United Kingdom. We got married last month! We are now in the process of filing out his visa application. The only problem is that he was previously married, 15 years ago. He did it when he was 19 and met an American girl while he was on vacation here, who wanted a British passport, so he married her. They dated for a few months and then broke up. Eventually, they lost contact. A couple of years ago, he got a unilateral divorce in Haiti. We didn't list this previous marriage/divorce in our marriage license application because we know the U.S. government doesn't recognize unilateral divorces. We now face the same problem with our INS application, since it asks about previous marriages and requires proof of a divorce of all previous marriages.

So, we are tempted to just not list it BUT... will INS do a check, across U.S. state records, using his British passport number, to see if he's ever been married??

THANKS IN ADVANCE!!!!!