CR1 Spousal Visa.

[Ryan H 3,835]

Moved from Progress Reports to Process & Procedures.

[pushbrk 13,260]

I would recommend your petitioner contact a qualified immigration attorney familiar with "material misrepresentation" as it appears you committed one in your first try to immigrate to the US.  An excellent option would be www.marcellislaw.com

 

[Teemo 252]

4 hours ago, Jojo92122 said:

You need a lawyer.  A good lawyer.

 

You lied for an immigration visa with your ex-girlfriend for the DV.  You committed immigration fraud which may mean you never will qualify for any visa.

 

How do you divorce a girlfriend?

 

You have seriously screwed yourself.  This is not a DIY.  You need professional help.  You need a really good lawyer to get over your fraud.

Well he was denied for "No legal marriage" not for fraud/misrepresentation. 

 

I agree it's a head scratcher but I'm not so sure fraud/misrepresentation will even come up, given that from the US perspective he was married, got married again, got denied a visa for not having a legal marriage, divorced the first one (legally somehow), married the 2nd one (again), and then applied for a CR1 again. That sequence is absurd and I don't like the OP's decision making or judgement, but I think it just might pass muster. 

 

Unless of course they ask for the marriage certificate for the first "marriage" haha...then back to square one. 

 

Obviously OP should always tell the truth but he now has a "divorce certificate" to the 1st wife and a legal marriage to the 2nd wife so maybe his chances are decent since the reason for the denial is now fixed. 

 

Edited June 21, 2018 by Teemo

[Teemo 252]

4 hours ago, otedes said:

In the old petition we met first time and got married. 

She was introduced to me by her sister in law 

My wife is in US and I am in Ghana 

Also I have to ask. Is your wife's sister in law a US citizen who also married a Ghanian and went through this process?

[otedes 1]

@Teemo

My wife's sister in law is not a US citizen neither does she live in the United States. She is my colleague worker.

[Teemo 252]

6 minutes ago, otedes said:

@Teemo

My wife's sister in law is not a US citizen neither does she live in the United States. She is my colleague worker.

So your wife's brother is married to your colleague? And that brother is a US citizen? And does that brother live with your colleague in Ghana or is he in the US and petitioning her?

 

Sorry it's late, if I'm wrong, please clarify who are the US citizens and who do you originally know. I have a point here. 

[otedes 1]

@Teemo

My colleague marries my wife's cousin who resides in the United Kingdom. 

The only us citizen in this matter is my wife.

[pushbrk 13,260]

2 hours ago, Teemo said:

Well he was denied for "No legal marriage" not for fraud/misrepresentation. 

 

In this instance, any misrepresentation would not be evident until the second filing.  A finding of material misrepresentation can be an issue even if it isn't found until after the immigrant is a US Citizen.  The issue is not why he was denied.  The issue is what will happen going forward.

[otedes 1]

@pushbrk

Please why uscis failed to determine material misrepresentation in the second filing because we included the divorce certificate(traditional one) of the first wife. Uscis also requested the first petition from nvc before they approved the second one. Also does US government recognizes customary marriage? I'm asking this because I never registered the first wife marriage  because she travelled abroad and never came back. I'm telling the truth so you people should help. Thanks. 

[pushbrk 13,260]

2 hours ago, otedes said:

@pushbrk

Please why uscis failed to determine material misrepresentation in the second filing because we included the divorce certificate(traditional one) of the first wife. Uscis also requested the first petition from nvc before they approved the second one. Also does US government recognizes customary marriage? I'm asking this because I never registered the first wife marriage  because she travelled abroad and never came back. I'm telling the truth so you people should help. Thanks. 

First, don't tell US what WE....SHOULD...do.  I'm not here to argue with you.  The Consular Officer will look at the file with a different priority than USCIS did.  They may STILL determine that you made a material misrepresentation in the first process.  Even if they don't make that specific finding, they could use some set of perceived facts to determine your current relationship is for immigration purposes only and deny the visa.  USCIS does NOT issue visas.  Consular Immigrant (or non-immigrant) Visa Units do.

 

It's not "us" you need to convince.  It's the next Consular Officer you come in contact with.  Bear in mind they are likely to have already made their decision BEFORE they meet with you in person.

[Michael2017 368]

2 hours ago, otedes said:

@pushbrk

Please why uscis failed to determine material misrepresentation in the second filing because we included the divorce certificate(traditional one) of the first wife. Uscis also requested the first petition from nvc before they approved the second one. Also does US government recognizes customary marriage? I'm asking this because I never registered the first wife marriage  because she travelled abroad and never came back. I'm telling the truth so you people should help. Thanks. 

To be honest, your case looks like you are very desperate to immigrate to the USA, and, that the marriage was set up for immigration purposes only. It might not be the case but this is how it looks like from outside and you will need very good evidence that your marriage is real. 1-2 short visits of your wife to Ghana, might not be enough. Being in relationship with 2 women, both with US residency is kind of unusual if not targeted.

Edited June 21, 2018 by Michael2017

[pushbrk 13,260]

8 minutes ago, Michael2017 said:

To be honest, your case looks like you are very desperate to immigrate to the USA, and, that the marriage was set up for immigration purposes only. It might not be the case but this is how it looks like from outside and you will need very good evidence that your marriage is real. 1-2 short visits of your wife to Ghana, might not be enough. Being in relationship with 2 women, both with US residency is kind of unusual if not targeted.

Well said.  However, it would be helpful if the OP would provide a timeline of the two relationships.  From the best I can tell the following events happened in order.  Perhaps there's another key event I'm not aware of.

 

1.  Some kind of marriage to woman 1 took place that the OP does not consider marriage.

2.  That woman never came back.

3.  The OP married his "current wife" legally and a petition was filed.

4.  Ultimately the visa was denied because the Consular Officer believed the OP was still married to "woman 1" and now a "bigamist".

5.  OP obtains a "divorce" from the woman he claims never to have been married to.

 

I'm a little unsure of the key events between that divorce and where his process stands now.  If he would clarify, perhaps we could be of more help.

[Going through 5,671]

OP from the way you've worded things, it sounds like you considered your marriage "not a formal marriage" only because you and your 1st wife didn't live together---even though you didn't live together, you were still legally married to the 1st wife (and refer to her instead as a "girlfriend" since it wasn't a marriage in YOUR eyes only) when you 'married' the 2nd woman.  Hence why the CO kept asking you if you were already married.  When you incorrectly answered "no" to that question, you misrepresented yourself.  And perhaps presented yourself to the CO as a bigamist (legally married to more than 1 person at a time).

 

Legally married is legally married to the 1st wife whether you physically lived together or not. 

Even though you did not attend the past DV interview (since you earlier mentioned this as another reason why you told the CO you were not married), you were still legally married to the 1st wife.

 

 

[shumway1756 304]

5 hours ago, otedes said:

 

I'm telling the truth so you people should help. Thanks. 

That's not how this works. There are a lot of people in this thread who want to help but (a) cannot due to inconsistent or lacking information, and (b) ultimately this is your case that you must present to a consular officer for review. Making your case to us has 0% impact on your case outcome. This community is to help guide you in the right direction based on collective experience with the immigration process, but the responsibility to take action on your case is yours alone.

 

The best advice that you've been given by several people is to enlist competent legal counsel. I will echo that sentiment. At the very least, get a very good grip on the timeline of events. You have not yet been able to communicate here in this forum exactly what the situation is with your multiple wife/girlfriend situation, so I have to believe that you're also not prepared to communicate these things to an interviewing consular officer. You definitely need to be able to articulate the facts intelligibly, and on the first telling.

[old-fella 109]

Marrying for immigration benefits or Mis Representation in Visa form has grave consequences. Newton said "Every action  has an equal and opposite reaction"

 

Let's Hammer this in your mind

• This is not the simple DIY case. You need to get a great competent lawyer who has had dealt with the similar case. 

I am still puzzled 

1. Sticking to your story, You never married lady 1. Then why would you enlist yourself as a beneficiary in her form?  That too when she lived in a different country than yours. This fish is stinky
2. Your face time with your wife is very minimal. 
3. You never answered if your family and her family are aware of your marriage with Women 2 and they support?
4. Is there any age difference. If so how much? 
5.  Share the timeline of all the event  (When did women 1 leave for another country? When did you enlist as her beneficiary  (women1)? How long did you know women1? Which year were you married to women 2? Did you married women 2 in 1st visit?  Was it a spur of the moment thing? Who purposed the marriage (women 2 or you) Were you already seeing women 2 when you were going around with women 1? How long after you met women 2 you married? Does women 2 have kids? Was women 2 ever married? When did women2 file for you? 

Unless you answer the above question we are going round and round in a circle. 

 

USCIS and CO have a totally different approach. USCIS may approve by CO could deny. USCIS folks are not accustomed to local custom and have no local resource. Therefore, they have CO as a person on the ground. 

Edited June 21, 2018 by old-fella