Bigamy question

[sparkles_ 456]

OK VJers, asking for a woman at my mosque that I know who has this issue. I will relay any questions about info that I leave out and update as needed.

 

This is the situation. Woman was married to her ex husband at a young age, I think 18-19, was very ignorant about the whole AOS process and took husband's word that he and his first wife got an annulment; he and first wife had never filed for his AOS. He prepared all of the AOS documents himself and she signed, they interviewed, he got the 2yr GC, 10yr and eventually naturalized. Husband joined the military somewhere in that time period, I didn't ask what branch because it didn't seem like it mattered. Years go by, the guy's first wife shows up and informs her that he never got any annulment, in fact the guy had been dodging her and apparently denying her a legal divorce. Woman finds out and woman leaves shortly after, filing her own divorce from him right after he files for divorce from the first wife. Two divorces in a very short time. First wife wanted to get remarried so this is why she finally sought him out. No clue what he listed on AOS, annulled, never married, etc.

 

This guy managed to get his GC and become a citizen somehow while being a bigamist. None of the divorces or first wife showing up happened til after citizenship. Doesn't this make all of his status void somehow? Does it make his status void even if he has been a citizen for many years? Woman wants to know if USCIS ever found this out, would she be in trouble somehow herself for attending the interview with him and taking his word on the annulment? She says she does not have plans to report him but she worries that USCIS would somehow find out about his bigamy eventually and because she was the petitioner, she will go down with him despite not knowing.

Edited October 11, 2017 by sparkles_

[geowrian 22,337]

If there's no evidence pointing to her knowing about the other marriage still existing, then I don't see anything coming back at her. She's a victim, not an accomplice IMO.

 

The legal statuses people obtained via the illegal marriage are not void, but if USCIS does pursue it, they can attempt to have them revoked in court. It's not common for them to fight this for somebody who has naturalized, but it certainly would not be the first case.

[sparkles_ 456]

7 minutes ago, geowrian said:

If there's no evidence pointing to her knowing about the other marriage still existing, then I don't see anything coming back at her. She's a victim, not an accomplice IMO.

 

The legal statuses people obtained via the illegal marriage are not void, but if USCIS does pursue it, they can attempt to have them revoked in court. It's not common for them to fight this for somebody who has naturalized, but it certainly would not be the first case.

Thanks for the quick reply. This seemed to be her only worry, if somehow it was brought to the attention of USCIS, if it ever came to the revocation point, would she be facing some sort of legal trouble along with him. I told her the same, unless she knew and there is evidence out there that shows it, it seemed more like she was scammed in a way, but wanted to ask and see if anyone knew more

Edited October 11, 2017 by sparkles_

[Jeanne Adil 1,651]

according to reading post in USCIS if both commit fraud like say USC takes money to help someone get a visa knowing they will divorce after, then yes, both can be in trouble

but usually immigration considers the USC was, as you point out, scammed 

i would point this out to judge in divorce court and if not able to get a proper settlement, i would take it to civil court in  a lawsuit to claim lost money on the visa process

of course all this makes each case in immigration harder to get approved

[NikLR 13,227]

This is a case for a good immigration lawyer, not a do it yourself forum.  

[Nitas_man 3,100]

On ‎10‎/‎11‎/‎2017 at 8:13 PM, sparkles_ said:

OK VJers, asking for a woman at my mosque that I know who has this issue. I will relay any questions about info that I leave out and update as needed.

 

This is the situation. Woman was married to her ex husband at a young age, I think 18-19, was very ignorant about the whole AOS process and took husband's word that he and his first wife got an annulment; he and first wife had never filed for his AOS. He prepared all of the AOS documents himself and she signed, they interviewed, he got the 2yr GC, 10yr and eventually naturalized. Husband joined the military somewhere in that time period, I didn't ask what branch because it didn't seem like it mattered. Years go by, the guy's first wife shows up and informs her that he never got any annulment, in fact the guy had been dodging her and apparently denying her a legal divorce. Woman finds out and woman leaves shortly after, filing her own divorce from him right after he files for divorce from the first wife. Two divorces in a very short time. First wife wanted to get remarried so this is why she finally sought him out. No clue what he listed on AOS, annulled, never married, etc.

 

This guy managed to get his GC and become a citizen somehow while being a bigamist. None of the divorces or first wife showing up happened til after citizenship. Doesn't this make all of his status void somehow? Does it make his status void even if he has been a citizen for many years? Woman wants to know if USCIS ever found this out, would she be in trouble somehow herself for attending the interview with him and taking his word on the annulment? She says she does not have plans to report him but she worries that USCIS would somehow find out about his bigamy eventually and because she was the petitioner, she will go down with him despite not knowing.

Technically and legally if USCIS found out about and pursued this then both of them can lose their benefits and citizenship retroactively as her marriage was never legally valid in the first place and bigamy is specifically defined as a crime of moral turpitude.

 

Whether he prepared the AOS or not it is (technically and legally) the immigrant who files to adjust status and signs it. 

Edited October 13, 2017 by Nitas_man