K1 vs I-130

[maninblue 0]

Ok, this is a tough one. I’m a US citizen. I was married to someone and we couldn’t get along and I had to leave her and the US for good. We agreed on filing for a divorce and she said she was going to “take care of the whole thing”. I went back to my country and started a new life and got married to my second wife. We have been married for 5 years now and have 2 kids. My second marriage is registered with the local government however local government know nothing about my first marriage. A year ago, I found out that I was still married to my first wife in USA and filed for a divorce. Divorce is now finalized.

I’m planning to move back to the US with my second wife and kids. Should I apply for K1 for “my wife” and get married in the US? The other option would be telling USCIS that I have been married to my second wife for the last 5 years and apply for i130.

 

I’m thinking that since the second marriage is void due to bigamy in the eyes of the US government I should be able to proceed with the k1 option.

 

What do you guys think? What is my best option?

[geowrian 22,338]

Well, you have a bit of a predicament. As far as the US is concerned, your second marriage was not legal and therefore she won't qualify for a spousal visa. However, at the same time you are almost certainly "too married" for a K-1 visa. People have been denied for much less "married" in a legal context, and trying to explain your situation is almost certainly going to raise big red flags to the CO. I think the chance for success here is very slim.

 

Your best bet may be to get remarried to your second wife and go for a spousal visa from there. However, what kinds of flags that sets off in your current country, or the process to do so, can vary heavily. That may require a legal divorce first, unfortunately.

Edited July 3, 2017 by geowrian

[Dashinka 24,954]

53 minutes ago, geowrian said:

Well, you have a bit of a predicament. As far as the US is concerned, your second marriage was not legal and therefore she won't qualify for a spousal visa. However, at the same time you are almost certainly "too married" for a K-1 visa. People have been denied for much less "married" in a legal context, and trying to explain your situation is almost certainly going to raise big red flags to the CO. I think the chance for success here is very slim.

 

Your best bet may be to get remarried to your second wife and go for a spousal visa from there. However, what kinds of flags that sets off in your current country, or the process to do so, can vary heavily. That may require a legal divorce first, unfortunately.

I agree, this is a sticky situation.  The local government recognizes the marriage to the second spouse, but the US government does not.  Is it possible to have the second marriage nullified legally (I hesitate to say annulled) and then get married again so both countries will recognize it as a legal marriage?  You may want to consult with an immigration attorney for this one before taking any action.

 

Good Luck!