first application dienied HELP

[brazillian 3]

hey guys so i neld help

 

long story short

 

i am an american citizen

got divorce in california  and remmary in brazil before my divorce was final in CA

applied for a  I 130 , went throught all the USCIS , NVC and CONSULATE interview in brazil 

but got denied , because there didnt recornize my second marriege in brazil because i got married befor the divorce was final.

 

so here is my question 

 

if i get divorce from my wife, get a applied for a k1 this time ?

or i have to divorce , remarry , and applied for a I130 again?

 

 

 

 

 

 

[Christophersnow11 8]

you may have to get a divorce or annoyed and remarry and file for an appeal which is a fee it takes 6months for the appeal to be accepted but a step you may have to take and send new evidence with it and new marriage license

[Ben&Zian 4,398]

8 minutes ago, brazillian said:

hey guys so i neld help

 

long story short

 

i am an american citizen

got divorce in california  and remmary in brazil before my divorce was final in CA

applied for a  I 130 , went throught all the USCIS , NVC and CONSULATE interview in brazil 

but got denied , because there didnt recornize my second marriege in brazil because i got married befor the divorce was final.

 

so here is my question 

 

if i get divorce from my wife, get a applied for a k1 this time ?

or i have to divorce , remarry , and applied for a I130 again?

 

 

 

 

 

 

 

The law is pretty simple and clear. You have to be divorced to marry again. If first divorce was not finalized before you married this new woman, then technically the new marriage is null and void by US standards, or you're playing the bigamy game.

 

Make sure your first marriage divorce is final. Then go get "remarried" to the new woman, and file again for the I-130. 

 

K-1 would be useless I think because they already know you "married" her even though again I don't think it is legal even. So you're "Too married" for a K-1.

[geowrian 22,337]

I believe the first marriage is now final, right? If so, you will need to have the second marriage dissolved as well...either via divorce or annulment. Once those are final, you can either do a K-1 or re-marry and do a CR-1. I'd suggest the CR-1 personally for your situation.

 

9 minutes ago, Christophersnow11 said:

you may have to get a divorce or annoyed and remarry and file for an appeal which is a fee it takes 6months for the appeal to be accepted but a step you may have to take and send new evidence with it and new marriage license

annulled* (although the OP is probably annoyed with the process already )

 

There's no basis for an appeal. The first petition was correctly deemed invalid as she was not legally married to her 2nd spouse.

[Going through 5,671]

CR-1 is probably better in your case, after dissolving the 2nd marriage and remarrying the 2nd wife.

[bad4tatt 168]

22 hours ago, brazillian said:

hey guys so i neld help

 

long story short

 

i am an american citizen

got divorce in california  and remmary in brazil before my divorce was final in CA

applied for a  I 130 , went throught all the USCIS , NVC and CONSULATE interview in brazil 

but got denied , because there didnt recornize my second marriege in brazil because i got married befor the divorce was final.

 

so here is my question 

 

if i get divorce from my wife, get a applied for a k1 this time ?

or i have to divorce , remarry , and applied for a I130 again?

 

 

 

 

 

 

So you said you got divorced already but remarried before divorce was final? I am assuming it is final now and you have proof??? If that's the case, re-file your K1 but keep in mind the K1 just allows your fiancé to come to the US and get married within 90 days then can apply for AOS. 

[geowrian 22,337]

2 hours ago, bad4tatt said:

So you said you got divorced already but remarried before divorce was final? I am assuming it is final now and you have proof??? If that's the case, re-file your K1 but keep in mind the K1 just allows your fiancé to come to the US and get married within 90 days then can apply for AOS. 

OP is still married to the second husband, although it's not a legal marriage as she was still married to the first husband. They almost certainly are "too married" for a K-1 unless they dissolve the second marriage first.

[brazillian 3]

hey guys a quick update

my case was on AP and now is being returned to NVC and then will be foward to USCIS for review

any thought if USCIS will just ask me to get a divorce and remaary my current wife with a date after the last divorce?

do you guys think thats possible?

 

or my just have to sent the whole thing again?

hoping our liltle girl the was born within our marrige will help with the review process , or appeal, or whatever there going to review

 

been in brazil for over a year now , i just want to go back home and take my family with me!

 

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[geowrian 22,337]

The existing I-130 is invalid and will be revoked as it was filed while you were not legally married. Getting divorced and remarrying cannot make the existing petition valid, but does work fine for a new petition.

[Going through 5,671]

6 hours ago, brazillian said:

my case was on AP and now is being returned to NVC and then will be foward to USCIS for review

That's the normal progression of things before USCIS sends you a formal denial letter.

[Going through 5,671]

6 hours ago, brazillian said:

any thought if USCIS will just ask me to get a divorce and remaary my current wife with a date after the last divorce?

do you guys think thats possible?

No, it's not possible. 

 

6 hours ago, brazillian said:

or my just have to sent the whole thing again?

You will have to start from scratch again with a new petition based on your second marriage.

 

6 hours ago, brazillian said:

hoping our liltle girl the was born within our marrige will help with the review process , or appeal, or whatever there going to review

Will make no difference.

[Unidentified 2,930]

@brazillian you should update your profile, it says you're removing conditions on a green card. 

[brazillian 3]

hey guys , so im all set now ,

i got divorce and remarried again, to my current wife

with a new date , (after last divorce was final)

 

 

so here is the question , my last case is now on NVC and they will sent it back god knows when! they are talking about 160 days or more

 

can i filled a new I130 for my wife with the last one still pending? 

last pettion did now get denied yet! USCIS still have to review in order to denie! 

Edited May 12, 2018 by brazillian

[TBoneTX 45,303]

Thread is moved from the K-1 Process forum to the CR-1 Process forum -- OP is married.

[pushbrk 12,892]

On 3/27/2018 at 8:41 AM, Christophersnow11 said:

you may have to get a divorce or annoyed and remarry and file for an appeal which is a fee it takes 6months for the appeal to be accepted but a step you may have to take and send new evidence with it and new marriage license

An appeal would only be successful if the original decision was wrong.  It wasn't  Don't file an appeal.