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Filed: Timeline
Posted

I talk to him bit early on phone he said.his local marriage is not registered in office. How embassy can proof or man that he married to someone eles too.cos he told me he did not met with man. So what i am thinking embassy might call him for another interview for this situation explaintion.or embassy can write him about to clarify on this matter.this i what i am thinking.

 Cause i bleave embassy work on proof .its not just someone said and they make it true snd give decisions.embassy might have to proof or applicant have to proof.

 

Posted
  On 5/24/2017 at 2:16 PM, Hopeforbest said:

I talk to him bit early on phone he said.his local marriage is not registered in office. How embassy can proof or man that he married to someone eles too.cos he told me he did not met with man. So what i am thinking embassy might call him for another interview for this situation explaintion.or embassy can write him about to clarify on this matter.this i what i am thinking.

 Cause i bleave embassy work on proof .its not just someone said and they make it true snd give decisions.embassy might have to proof or applicant have to proof.

 

Expand  

What country is this? The only solution right now is that the visa will be denied at the luckiest, and a ban is more than likely the case. He lied to the embassy and your solution is for him to keep lying? That does not make sense  at all. 

Posted
  On 5/24/2017 at 11:19 AM, Hopeforbest said:

He did marry to local woman when case was at nvc stage.he said he married usa wife 2014 and in 2015 he marry local woman.any solution of this situation to come out.?

Expand  

Doesn't sound good at all. He's not going to be able to adjust his status and get a green card with two marriages. That's bigamy and it's an offense. 

Filed: Timeline
Posted (edited)
  On 5/24/2017 at 1:28 PM, Jojo92122 said:

Bigamy is illegal and a crime.

 

Divorce does not unring the bell - it doesn't undo the crime.

 

Your friend is looking at deportation.

Expand  

 I don't think he's looking at deportation, since the original post indicates he's still waiting on the immigrant visa.

 

While multiple marriages are bigamy and illegal in the US, there are many countries where polygamy is legal.  Having multiple spouses is not an automatic bar to US immigrarion (for the first spouse).  US immigration law only requires that you not be planning to practice polygamy in the US -- and the way they try to guarantee this is to only recognjze the first marriage as valid and permit only spouse #1 to immigrate.  The petitioner appears to be the first wife, so he likely is okay from that standpoint.

 

The real question/problem in this case, IMO, is the timing of the second marriage in relation to the petition filing.  Hard to tell if it occurred before or after the petition was filed.  If before, and it was not listed = huge problem, pretty automatic denial for misrepresentation.  If after, and not mentioned at interview, still a big problem.  Could easily lead to a 6c finding of fraud and misrepresentation of a material fact, since it throws into question the validity/strength of the marriage to the petitioner.  Even if disclosed to the petitioner and during the interview (which I am sure it was not, or the Embassy would not have done an outside investigation), it will cause serious questions.  It will appear that the first marriage is for immigration purposes, and once in the US he will divorce petitioner and then perhaps try to petition second wife (or another wife he has married along the way).

 

Either way, I expect this to result in a visa denial and the petition returned to USCIS.   The only real question is on what/how many grounds of ineligibility!  

Edited by jan22
Filed: IR-1/CR-1 Visa Country: Ghana
Timeline
Posted

he should have collected his passport when they came. it would have saved him the cost of going back to the embassy for a denied visa.

He messed up. Even the USC is ok with polygamy, it is illegal here.

(L)(L)(L)(L)(L)(L)(L)

CR- 1

Interview :  11/15/2016

Result: AP  (form 221 (g))

Correspondence with Embassy: Tons of emails, Facebook posts, tweets, Congressman inquiry

Complaint letter with OIG : 12/29/2016

Case dispatched to diplomatic pouch : 01/11/2017

Case dispatched from diplomatic mail service to NVC : 01/23/2017

Case arrived at NVC: 01/26/2017

NVC sent case to USCIS : 02/09/2017 (system update)

Case receive by USCIS (text & email notification): 03/07/2017

 

Reaffirm Petition Timeline for folks in GHANA.. Please update your information..Thank you!

https://docs.google.com/spreadsheets/d/1k0NXnbJdyEIRR1_Dr4t3yXmsM0tBbq-tZsj0-o3cMV0/edit?usp=sharing

Posted
  On 5/24/2017 at 2:11 PM, Ben&Zian said:

:pop:

Expand  

Exactly!!!!

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Filed: Timeline
Posted
  On 5/24/2017 at 2:43 PM, jan22 said:

 I don't think he's looking at deportation, since the original post indicates he's still waiting on the immigrant visa.

 

While multiple marriages are bigamy and illegal in the US, there are many countries where polygamy is legal.  Having multiple spouses is not an automatic bar to US immigrarion (for the first spouse).  US immigration law only requires that you not be planning to practice polygamy in the US -- and the way they try to guarantee this is to only recognjze the first marriage as valid and permit only spouse #1 to immigrate.  The petitioner appears to be the first wife, so he likely is okay from that standpoint.

 

The real question/problem in this case, IMO, is the timing of the second marriage in relation to the petition filing.  Hard to tell if it occurred before or after the petition was filed.  If before, and it was not listed = huge problem, pretty automatic denial for misrepresentation.  If after, and not mentioned at interview, still a big problem.  Could easily lead to a 6c finding of fraud and misrepresentation of a material fact, since it throws into question the validity/strength of the marriage to the petitioner.  Even if disclosed to the petitioner and during the interview (which I am sure it was not, or the Embassy would not have done an outside investigation), it will cause serious questions.  It will appear that the first marriage is for immigration purposes, and once in the US he will divorce petitioner and then perhaps try to petition second wife (or another wife he has married along the way).

 

Either way, I expect this to result in a visa denial and the petition returned to USCIS.   The only real question is on what/how many grounds of ineligibility!  

Expand  

 

US laws does not allow anyone who comes to the US to practice polygamy to adjust status for a green card.  Being a bigamist would certainly be a disqualification for adjusting status.

Posted
  On 5/24/2017 at 2:16 PM, Hopeforbest said:

I talk to him bit early on phone he said.his local marriage is not registered in office. How embassy can proof or man that he married to someone eles too.cos he told me he did not met with man. So what i am thinking embassy might call him for another interview for this situation explaintion.or embassy can write him about to clarify on this matter.this i what i am thinking.

 Cause i bleave embassy work on proof .its not just someone said and they make it true snd give decisions.embassy might have to proof or applicant have to proof.

 

Expand  

1) USCIS and DoS don't need proof to deny anything. They only need suspicion. Based on what was stated, they already have more than enough cause to deny the visa. A beneficiary has to prove their case to verify their eligibility for a visa, but the CO only needs to suspect fraud to deny it.

2) He has participated in polygamy, and likely committed bigamy. Trying to hide it, especially now that they suspect something, is just digging a deeper hole.

Timelines:

ROC:

  Reveal hidden contents

AOS:

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K-1:

  Reveal hidden contents

 

Posted (edited)
  On 5/24/2017 at 2:16 PM, Hopeforbest said:

I talk to him bit early on phone he said.his local marriage is not registered in office. How embassy can proof or man that he married to someone eles too.cos he told me he did not met with man. So what i am thinking embassy might call him for another interview for this situation explaintion.or embassy can write him about to clarify on this matter.this i what i am thinking.

 Cause i bleave embassy work on proof .its not just someone said and they make it true snd give decisions.embassy might have to proof or applicant have to proof.

 

Expand  

Sounds like he is going to try to challenge the decision. Does he not know that they don't need to meet with him to have evidence he married another woman. From your initial post you said the investigator has statements from his brother-in-law and father that he is married. And what is he going to say if they do visit him and ask him if he married a local woman??? Lie???

 

He is going to bury a deeper hole than he is already in.

Edited by NuestraUnion

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

Filed: Timeline
Posted (edited)
  On 5/24/2017 at 3:13 PM, Jojo92122 said:

 

US laws does not allow anyone who comes to the US to practice polygamy to adjust status for a green card.  Being a bigamist would certainly be a disqualification for adjusting status.

Expand  

That's what I said....you cannot be planning to practice polygamy in the US.  You do not have to divorce all other spouses from the home country to immigrate to the US -- if you are spouse #1.  The US will only approve immigration for spouse #1.  I don't think there's any discussion of adjusting status in this case,  but it would be possible if the petition was filed by spouse #1 and the other spouses were from marriages in a country that permitted multiple marriages and the other spouse were all still in that country, as the person would not be practing polygamy in the US.

Edited by jan22
Filed: IR-1/CR-1 Visa Country: Ghana
Timeline
Posted

Your friend has ruined his chances for good or as long as the ban will be in effect.

Is polygamy legal in his country? Does the USC and petitioner know about this?

So even if he can find a way out of this, those 2 questions will haunt him.

 

(L)(L)(L)(L)(L)(L)(L)

CR- 1

Interview :  11/15/2016

Result: AP  (form 221 (g))

Correspondence with Embassy: Tons of emails, Facebook posts, tweets, Congressman inquiry

Complaint letter with OIG : 12/29/2016

Case dispatched to diplomatic pouch : 01/11/2017

Case dispatched from diplomatic mail service to NVC : 01/23/2017

Case arrived at NVC: 01/26/2017

NVC sent case to USCIS : 02/09/2017 (system update)

Case receive by USCIS (text & email notification): 03/07/2017

 

Reaffirm Petition Timeline for folks in GHANA.. Please update your information..Thank you!

https://docs.google.com/spreadsheets/d/1k0NXnbJdyEIRR1_Dr4t3yXmsM0tBbq-tZsj0-o3cMV0/edit?usp=sharing

Filed: Timeline
Posted (edited)
  On 5/24/2017 at 4:05 PM, jan22 said:

That's what I said....you cannot be planning to practice polygamy in the US.  You do not have to divorce all other spouses from the home country to immigrate to the US -- if you are spouse #1.  The US will only approve immigration for spouse #1.  I don't think there's any discussion of adjusting status in this case,  but it would be possible if the petition was filed by spouse #1 and the other spouses were from marriages in a country that permitted multiple marriages and the other spouse were all still in that country, as the person would not be practing polygamy in the US.

Expand  

No.  Since the beneficiary is the one that is the bigamist, he is not qualified.  It doesn't matter if everything he did was legal in a foreign country.  EVEN IF all his marriages are legal where performed, being married to two people at the same time is a bar for him to adjust status.

 

Your premise is wrong.  In your scenario, the petitioner for spouse #1 is the polygamist.   Spouse #1 has only one husband and would not be entering the US to practice polygamy.   She is not a polygamist, so she can adjust.

 

Completely different situations.

Edited by Jojo92122
 
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