divorce peding remarried in another country

[brazillian 3]

hey guys 

today i went to my spouse ir5 interview in rio de janeiro

so here what happend 

I am a us citizen live in california

entered my dissolution of marriege on oct 17 2016

got a court orden on nov 1 2016 saying my status would change to single on 4/28/2017

they told me at the court i coudnt ge married in california for another six months

but i had no intettion in remarying in california

so i went ahead and got married in brazil 

on january 2017

 

so the consul told me today that he was going to have to foward to washigton to get a asnwer to see if my brazilian marriage was valid,

and told me I may have to divorce and remarry to my spouse again , which it makes no since

he even told me that he didnt know what to do!

that i may have to file antoher pettition for her!

 

im so lost and scared that i waited 1 full year for the last interview to hear that!

 

like i said , i did not know about the cooling of period,!

 

 

[Illiria 980]

10 minutes ago, brazillian said:

got a court orden on nov 1 2016 saying my status would change to single on 4/28/2017

so i went ahead and got married in brazil on january 2017

If they told you your status wouldn’t change to single until April why did you get married in January? 

 

I would assume that the six months until can marry in California was from the April date. 

[NigeriaorBust 4,087]

  So you sent in an I130 from California for a marriage that took place while you weren't legally free to marry in that state ? 

[geowrian 22,337]

1 hour ago, brazillian said:

got a court orden on nov 1 2016 saying my status would change to single on 4/28/2017

they told me at the court i coudnt ge married in california for another six months

but i had no intettion in remarying in california

so i went ahead and got married in brazil 

on january 2017

...why would you marry when you were told not to do so? Or at least until being 100% sure that the remarriage provision only applied to CA. It sounds like the divorce decree wasn't finalized until after the waiting period.

 

1 hour ago, brazillian said:

so the consul told me today that he was going to have to foward to washigton to get a asnwer to see if my brazilian marriage was valid,

and told me I may have to divorce and remarry to my spouse again , which it makes no since

This is correct. Your Brazilian marriage may have been illegitimate. he needs USCIS to confirm the validity of it. If that is the case, then you need to divorce and remarry since a second (concurrent) marriage is not recognized by the US.

[brazillian 3]

6 hours ago, geowrian said:

...why would you marry when you were told not to do so? Or at least until being 100% sure that the remarriage provision only applied to CA. It sounds like the divorce decree wasn't finalized until after the waiting period.

what i was told in court is that i couldnt remarried in  the state of CALIFORNIA in the next six months!

but i was free to remarried in anotther state or country  the the law didnt have the cooling of period 

shouldve look more in to it before doing it!

 

 

6 hours ago, geowrian said:

This is correct. Your Brazilian marriage may have been illegitimate. he needs USCIS to confirm the validity of it. If that is the case, then you need to divorce and remarry since a second (concurrent) marriage is not recognized by the US.

I guess ill just have to wait and see , what they say!

[brazillian 3]

hey guys 

 

so you guys was right it got denied!

my marrige is not valid for immigrations purposes!

 

do you guys know if i get divorce 

can i apply a this time for a K1?

 

its that possible?

[Umka36 781]

3 hours ago, brazillian said:

hey guys 

 

so you guys was right it got denied!

my marrige is not valid for immigrations purposes!

 

do you guys know if i get divorce 

can i apply a this time for a K1?

 

its that possible?

Doesn't sound like you are free to legally marry at this time.

 

Eligibility for Fiancé(e) Visas

You may be eligible to bring your fiancé(e) to the United States on a fiancé(e) visa if you meet the following requirements:

• You are a U.S. citizen;
• You and your fiancé(e) intend to marry one another within 90 days of your fiancé(e)’s admission to the United States on a K-1 nonimmigrant visa;
• You and your fiancé(e) are both legally free to marry (this means you both are legally able to marry in the United States and any previous marriages have been legally terminated by divorce, death, or annulment); and
• You and your fiancé(e) met each other in person at least once within the 2-year period before you file your petition. You may request a waiver of this in-person meeting requirement if you can show that meeting in person would:
  • Violate strict and long-established customs of your fiancé(e)’s foreign culture or social practice; or
  • Result in extreme hardship to you, the U.S. citizen petitioner.

https://www.uscis.gov/family/family-us-citizens/fiancee-visa/visas-fiancees-us-citizens