I-130 Was refusal and revoke

[Kabir Ishola 5]

2 hours ago, NuestraUnion said:

Do not pay the lawyer another red cent. If you are going to see him/her tomorrow do not be afraid to express your disappointment in the erroneous advice that was given to you. Your previous marriage is now seen as legit and the burden is now on you to prove that it is legally over. This has cost you time and money but fortunately there is still a way to resolve this. You will need to seek someone who has experience dealing with Nigerian cultures and divorce from tradition weddings. After the previous wedding issue has been resolved you can reapply for a spousal visa with your current spouse. 

Ok Will not pay him money Thanks so I should reapply again. remember I married my Ex -wife before my new wife if I divorce my Ex-with now I think I have to re married  my new wife so I can reapply for new spousal visa what t do you think Because I married my Ex-wife in 2014 and I married new my wife in 2016 

[Kabir Ishola 5]

2 hours ago, missileman said:

1.  Dissolve your previous traditional marriage

2.  Reapply for CR-1  spousal visa.

 

 

Two lessons for everyone here...again....

1.  Traditional marriages can be legal according to US immigration.

2.  Attorneys make mistakes.......but rarely pay any consequences. 

Ok I should reapply right. I should not wait for USCIS to get back to me? Thanks 

[Kabir Ishola 5]

2 hours ago, Ben&Zian said:

Get rid of that lawyer and get a new one. 

Ok thanks I will 

[Ben&Zian 4,398]

~Moved to IR-1/CR-1 Spouse Visa Case Filing and Progress Reports~

[Kabir Ishola 5]

4 hours ago, Ben&Zian said:

~Moved to IR-1/CR-1 Spouse Visa Case Filing and Progress Reports~

Ok What is difference between from l-130 and  IR-1/CR-1 Spouse Visa please thanks 

[SeventeenKnight 0]

I-130 is just a petition to get you closer to getting IR-1/CR-1 visa.

You'll have to file the I-130 petition form first before doing any at all.

[Kabir Ishola 5]

3 minutes ago, SeventeenKnight said:

I-130 is just a petition to get you closer to getting IR-1/CR-1 visa.

You'll have to file the I-130 petition form first before doing any at all.

Oh ok I file the l-130 he was denied and people said I should moved to lR-1/CR-1 visa Thanks for reply 

[Crazy Cat 41,888]

2 minutes ago, Kabir Ishola said:

Oh ok I file the l-130 he was denied and people said I should moved to lR-1/CR-1 visa Thanks for reply 

No, he moved this discussion to the  IR-1/CR-1 Spouse Visa Case Filing and Progress Reports forum.

Edited July 9, 2018 by missileman

[Kabir Ishola 5]

5 minutes ago, missileman said:

No, he moved this discussion to the  IR-1/CR-1 Spouse Visa Case Filing and Progress Reports forum.

So is the something right?

[NigeriaorBust 4,087]

12 hours ago, NigeriaorBust said:

  There is  a case where immigration accepts  a traditional ending of a traditional marriage.  I need to find it again.   But you will have to provide both the case and proof that you meet the standards that case cited.  

Here is the case reference from the Ghana consulate.  You need to look at the referenced findings. 

https://counsel.net/chatboards/immigration/topic160/9.27.12.20.58.19.html

 

Here are the consular notes from Nigerian consulate on marriage and divorce 

Marriage Certificates

 

Available

Fees: Cost for civil marriage in the Registry would range from Five to Ten Thousand Naira.

Document Name: Certificate of Marriage

Issuing Authority: Marriage Registry

Special Seal(s) / Color / Format:  Multiple versions of this form are issued in varying formats.  They are typically printed on white or green paper with green background lettering.  Seals are inked, most often in blue, black, or purple.  Biodata may be typed or handwritten.

Issuing Authority Personnel Title: Registrar or Minister of Religion as the case may be.

Registration Criteria: Must be a marriage celebrated between a man and a woman of consenting age, with no legal incapacity to marry under Native Law and Custom or according to the Marriage Act.

Procedure for Obtaining: For registry marriages, issued by the Marriage Registrar or Minister of Religion upon completion of the marriage process as provided for in the Marriage Act. 

Certified Copies Available: No.

Alternate Documents: For marriages under Native Law and Custom, a Registration of Marriage Certificate is sometimes issued by the Local Marriage Registrar after presenting a court affidavit as provided for by the Registration of Customary Marriage Bye-Laws.

Exceptions: The vast majority of customary marriages will have no written record.

Comments: Nigerian law recognizes multiple types of legal marriage, each with their own requirements.  The two main types are customary marriages and registry marriages. 

1.) CUSTOMARY MARRIAGES:  While customary marriages are legally binding, no registration or written record of the event is required by law.  As a result, documentation of customary marriages generally does not exist outside of photographs taken at the ceremony.  Individuals will sometimes, when necessary, swear an affidavit in a court that they are married in order to provide written proof of such a marriage.  Some Local Governments will issue a certificate based on that affidavit by virtue of the Registration of Customary Marriage Bye-Laws.  Absence of an affidavit or certificate of this kind cannot be taken as lack of marital status.  [Note: The Bye-Laws mentioned vary from state to state and authorize Local Government Authorities (LGAs) to register customary marriages that take place in their jurisdiction.  The Bye-Laws do not exist in all states and several states that have them do not make registration compulsory.]  There are two types of Customary Marriage:  marriage under native law & custom (also known as traditional marriage) and Islamic marriage. 

1.)a.) Marriage Under Native Law & Custom: Traditional marriage ceremonies are based on local, unwritten customs.  In the case of Lagos residents, the customs of the local area or village where the family originates from (usually outside Lagos State) should also be considered.  Cultural context will determine whether a legally binding marriage ceremony took place, versus an introduction or other non-binding ceremony.  Some local customs permit proxy marriages, where the groom need not be present at the ceremony.  In nearly all Nigerian cultures, payment of a dowry or bride price is a key component of a traditional marriage ceremony.  The dowry may be in the form of money, gifts, or a combination of both.  Yams are a typical part of the dowry in many areas within Nigeria.  [Note:  Modernization has led to some evolution in traditional marriages, and payment of the bride price in some recent marriages is merely symbolic.]  Traditional marriage also allows for a man to legally marry more than one wife. 

1.)b.)  Islamic Marriage: The celebration of Islamic marriage ceremonies (called Nikkai) in Nigeria is governed by the Maliki Law.  The marriage must be between a male and a female that have agreed to marry if matured, or consent has been given by their father or male guardian if they are immature.  [Note: “Maturity” is not defined by a specific age, but is instead determined by the father or male guardian.]  The bride price, which is a minimum of N5000, is called the sadaq or dower, and is paid to the bride but received by her parents.  The ceremony is officiated by a Mallam in the presence of at least three Muslim witnesses.  After a celebration of Islamic Marriage, the couple may obtain a certificate from the Local Government Marriage Registry, but this is not required.  Islamic law allows a man to marry up to 4 wives. 

2.) REGISTRY MARRIAGES: The Marriage Act of 1990 is the primary law governing registry marriages in Nigeria.  One notable difference between customary marriages and registry marriages: men who marry at a marriage registry are legally permitted to have only one wife.  Therefore, men legally married to multiple wives by way of customary marriages would first need to divorce those wives under native law and custom before completing a registry marriage to a new wife.  Should a man wish to complete a registry marriage with one of his existing wives, he would first need to divorce all other wives under native law and custom.  The registry marriage ceremony is conducted by a minister of religion or the marriage registrar in the presence of witnesses.  A marriage certificate is issued at the completion of the ceremony.  Both federal and local governments perform registry marriages. 

2.)a.) Federal Marriage Registry: Nigeria’s Federal Marriage Registry currently has offices in only a few states, with plans to expand to include at least one office per state.  The office in Abuja has been operating since 2006.  The Ikoyi office in Lagos pre-dates the founding of Nigeria and may include records as old as 1802 [Note: They are filed by year and place of marriage and can be obtained by writing to the Marriage Registry, 19 Kingsway Road, Ikoyi, Lagos.]  In October 2016, additional offices opened in the cities of Owerri (Imo State), Port Harcourt (Rivers State) and Benin City (Edo State).  Even when marriages are properly registered at one of these facilities, there is no central database or system; all records are kept in paper files. 

2.)b.) Designated churches: Church weddings, or “white weddings” as commonly known in Nigeria, are performed widely.  Licensed places of worship can be authorized by the Federal Marriage Registry to perform marriage ceremonies “under the act.”  The church must create three copies of a marriage certificate using paperstock provided by the Federal Registry: one for the newly wedded couple, one for church records, and one for the Federal Registry.  While churches authorized “under the act” are required by law to file a copy of the marriage certificate, often the marriage record is never sent to the Registry.  In addition, many unauthorized churches perform wedding ceremonies that have no legal standing.  Marriage certificates issued by churches or other houses of worship not authorized by the Registry are not evidence of a legally binding marriage. 

2.)c.) State/Local Registry: The inaccessibility of Nigeria’s limited number of Federal Marriage Registry offices has led to the opening of local marriage registry offices by nearly all LGAs.  [There are 774 LGAs within Nigeria.]  Similar to the churches described above, some LGAs have been authorized by the Federal Marriage Registry to perform marriage ceremonies “under the act.” The vast majority perform marriage ceremonies without any federal authority.  The Federal Marriage Registry has stated that these ceremonies are not legal, however individuals who marry at LGA registries may not know that their marriage is not legally recognized by federal authorities.  LGAs authorized by the Federal Marriage Registry are required to use paperstock provided by the Registry for marriage certificates.  Other LGAs who perform civil marriages will issue a certificate titled “Unified Marriage Certificate.”  [Note: Many couples perform more than one type of marriage ceremony.  For example, couples may choose to have both a traditional and white wedding, or a traditional and registry wedding.  When this is the case, the date that the first legally binding ceremony took place serves as the date the marriage began.]  

 

Divorce Certificates

 

Available

Fees: Varies by location and court.

Document Name: Decree Nisi and Decree Absolute

Issuing Authority: The High Court of Justice

Special Seal(s) / Color / Format:  Multiple versions of this form are issued in varying formats.  They are typically typed in Times New Roman font and printed on white paper.  Seals may be embossed, sometimes over a red sticker, or they may be inked, most often in red or purple.

Issuing Authority Personnel Title: Judge

Registration Criteria: Must be a registry marriage completed according to the Marriage Act.

Procedure for Obtaining: Divorce Proceedings in accordance with The Matrimonial Causes Act of Nigeria.

Certified Copies Available: Yes

Alternate Documents: For marriages under Native Law and Custom, a divorce decree may be issued by a Customary Court.  For Islamic marriages, a divorce decree may be issued by a Sharia court.

Exceptions: Many divorces for customary marriages will have no written record.  Marriages under native law and custom will also be dissolved by custom; many of these divorces are not recorded while some are recorded by a sworn affidavit after the fact. Islamic marriages may be dissolved in a Sharia Court. 

Comments: Documenting a legal divorce is problematic.  Each type of marriage listed above has its own legal process for obtaining a divorce, thus it is essential to first understand what type of marriage took place before determining what documentation is acceptable to prove that a divorce is legal. 

1.) CUSTOMARY MARRIAGES: There is no legal requirement that a customary marriage should be dissolved by any court, nor any requirement that the divorce be registered or documented. 

1.)a.) Marriage Under Native Law and Custom: Traditional marriages are often dissolved without any written record.  One legal method of divorce involves the groom or his family returning the bride price to the bride or her family.  Divorces for some traditional marriages are documented by one or both parties filing an affidavit with a Customary Court.  Finally, traditional marriages may be formally dissolved by a Customary Court and a divorce decree issued by the court.  Where there is no Customary Court in the area, a Magistrate Court may dissolve a customary marriage.  The courts may dissolve a traditional marriage without one of the spouses being present or even knowing that the divorce took place. 

1.)b.) Islamic Marriage: Divorce is most often initiated by the husband.  Where a man tells his wife, “I divorce you”, that single pronouncement suspends the marriage.  Making this pronouncement 3 times permanently dissolves the marriage.  It is not clear if this must be at the same time or different times. However, the most common practice in Nigeria is for the man to write it on paper and give it to the woman.  Once this is done, the marriage is technically divorced and the couple can only remarry if the wife marries another person and divorces. The woman may take the paper her husband has written to the Sharia court to obtain a Certificate of Divorce.  Sharia courts have jurisdiction to dissolve Islamic marriages in many states in northern Nigeria.  In states where there is no Sharia court, the Customary Court may dissolve Islamic Marriages.  An Islamic marriage cannot be divorced in a Magistrate court unless there is no Customary Court available.  On the other hand, where a woman is dissatisfied with her marriage, she can initiate a divorce herself through a system called Khul, which must be done through a court.  The court will then require the woman to prove that she has brought her case under the permissible grounds of divorce in Islam.  Most times, Sharia court judges are reluctant to grant these petitions.  As in other customary marriages, there is the problem of documentation since the marriage and divorce could be oral.  

2.) REGISTRY MARRIAGES: Registry marriages, regardless of whether they are federal or local registry, can only be dissolved through a High Court.  Post often sees divorce certificates issued by lower (customary and magistrate) courts purporting to have dissolved a registry marriage; these divorce orders are not legally binding.  There is a strict divorce procedure for marriage contracted under the Marriage Act, as set out in the Matrimonial Causes Act of 1970.  One requires the services of an attorney to file a divorce petition and follow through with the legal processes in Court.  After filing the necessary papers in Court, there is a trial.  At the end of the trial, the Court may grant or refuse the Divorce.  Where the divorce is granted, the order is temporary and is called a Decree Nisi.  There is a three month period allowed in the event of reconciliation between the couple.  At the end of the three months, if the parties have not reconciled, then the divorce decree will automatically become absolute and a Decree Absolute is issued.  At this point, the legal bonds of marriage are permanently severed unless the couple remarries.  However, it is important to know that both parties are free to marry other parties once the Decree Nisi is issued; they need not wait for the Decree Absolute.  [Note: As stated above, many couples perform more than one type of marriage ceremony.  For divorce proceedings, once a couple has completed a Registry Marriage, the only legal method of divorce is through the High Court process.  The High Court process is also the only legal method of divorce for residents of Nigeria who married outside of Nigeria.]

 

Edited July 10, 2018 by NigeriaorBust

[Mr.Jose 64]

17 hours ago, Kabir Ishola said:

I know is a big time mistake is our lawyer over there saying I don’t need it because is traditional marriage is not legally married to me will get a lawyer to do the divorce I want to ask can do traditional marriage divorce in court Thanks 

 

It’s like going to a doctor for consultation, well he recommends surgery, you just gonna go ahead and do it, without second opinion? 

 

Having a lawyer means nothing if you haven't done your own research.

[Kabir Ishola 5]

6 hours ago, NigeriaorBust said:

Here is the case reference from the Ghana consulate.  You need to look at the referenced findings. 

https://counsel.net/chatboards/immigration/topic160/9.27.12.20.58.19.html

 

Here are the consular notes from Nigerian consulate on marriage and divorce 

Marriage Certificates

 

Available

Fees: Cost for civil marriage in the Registry would range from Five to Ten Thousand Naira.

Document Name: Certificate of Marriage

Issuing Authority: Marriage Registry

Special Seal(s) / Color / Format:  Multiple versions of this form are issued in varying formats.  They are typically printed on white or green paper with green background lettering.  Seals are inked, most often in blue, black, or purple.  Biodata may be typed or handwritten.

Issuing Authority Personnel Title: Registrar or Minister of Religion as the case may be.

Registration Criteria: Must be a marriage celebrated between a man and a woman of consenting age, with no legal incapacity to marry under Native Law and Custom or according to the Marriage Act.

Procedure for Obtaining: For registry marriages, issued by the Marriage Registrar or Minister of Religion upon completion of the marriage process as provided for in the Marriage Act. 

Certified Copies Available: No.

Alternate Documents: For marriages under Native Law and Custom, a Registration of Marriage Certificate is sometimes issued by the Local Marriage Registrar after presenting a court affidavit as provided for by the Registration of Customary Marriage Bye-Laws.

Exceptions: The vast majority of customary marriages will have no written record.

Comments: Nigerian law recognizes multiple types of legal marriage, each with their own requirements.  The two main types are customary marriages and registry marriages. 

1.) CUSTOMARY MARRIAGES:  While customary marriages are legally binding, no registration or written record of the event is required by law.  As a result, documentation of customary marriages generally does not exist outside of photographs taken at the ceremony.  Individuals will sometimes, when necessary, swear an affidavit in a court that they are married in order to provide written proof of such a marriage.  Some Local Governments will issue a certificate based on that affidavit by virtue of the Registration of Customary Marriage Bye-Laws.  Absence of an affidavit or certificate of this kind cannot be taken as lack of marital status.  [Note: The Bye-Laws mentioned vary from state to state and authorize Local Government Authorities (LGAs) to register customary marriages that take place in their jurisdiction.  The Bye-Laws do not exist in all states and several states that have them do not make registration compulsory.]  There are two types of Customary Marriage:  marriage under native law & custom (also known as traditional marriage) and Islamic marriage. 

1.)a.) Marriage Under Native Law & Custom: Traditional marriage ceremonies are based on local, unwritten customs.  In the case of Lagos residents, the customs of the local area or village where the family originates from (usually outside Lagos State) should also be considered.  Cultural context will determine whether a legally binding marriage ceremony took place, versus an introduction or other non-binding ceremony.  Some local customs permit proxy marriages, where the groom need not be present at the ceremony.  In nearly all Nigerian cultures, payment of a dowry or bride price is a key component of a traditional marriage ceremony.  The dowry may be in the form of money, gifts, or a combination of both.  Yams are a typical part of the dowry in many areas within Nigeria.  [Note:  Modernization has led to some evolution in traditional marriages, and payment of the bride price in some recent marriages is merely symbolic.]  Traditional marriage also allows for a man to legally marry more than one wife. 

1.)b.)  Islamic Marriage: The celebration of Islamic marriage ceremonies (called Nikkai) in Nigeria is governed by the Maliki Law.  The marriage must be between a male and a female that have agreed to marry if matured, or consent has been given by their father or male guardian if they are immature.  [Note: “Maturity” is not defined by a specific age, but is instead determined by the father or male guardian.]  The bride price, which is a minimum of N5000, is called the sadaq or dower, and is paid to the bride but received by her parents.  The ceremony is officiated by a Mallam in the presence of at least three Muslim witnesses.  After a celebration of Islamic Marriage, the couple may obtain a certificate from the Local Government Marriage Registry, but this is not required.  Islamic law allows a man to marry up to 4 wives. 

2.) REGISTRY MARRIAGES: The Marriage Act of 1990 is the primary law governing registry marriages in Nigeria.  One notable difference between customary marriages and registry marriages: men who marry at a marriage registry are legally permitted to have only one wife.  Therefore, men legally married to multiple wives by way of customary marriages would first need to divorce those wives under native law and custom before completing a registry marriage to a new wife.  Should a man wish to complete a registry marriage with one of his existing wives, he would first need to divorce all other wives under native law and custom.  The registry marriage ceremony is conducted by a minister of religion or the marriage registrar in the presence of witnesses.  A marriage certificate is issued at the completion of the ceremony.  Both federal and local governments perform registry marriages. 

2.)a.) Federal Marriage Registry: Nigeria’s Federal Marriage Registry currently has offices in only a few states, with plans to expand to include at least one office per state.  The office in Abuja has been operating since 2006.  The Ikoyi office in Lagos pre-dates the founding of Nigeria and may include records as old as 1802 [Note: They are filed by year and place of marriage and can be obtained by writing to the Marriage Registry, 19 Kingsway Road, Ikoyi, Lagos.]  In October 2016, additional offices opened in the cities of Owerri (Imo State), Port Harcourt (Rivers State) and Benin City (Edo State).  Even when marriages are properly registered at one of these facilities, there is no central database or system; all records are kept in paper files. 

2.)b.) Designated churches: Church weddings, or “white weddings” as commonly known in Nigeria, are performed widely.  Licensed places of worship can be authorized by the Federal Marriage Registry to perform marriage ceremonies “under the act.”  The church must create three copies of a marriage certificate using paperstock provided by the Federal Registry: one for the newly wedded couple, one for church records, and one for the Federal Registry.  While churches authorized “under the act” are required by law to file a copy of the marriage certificate, often the marriage record is never sent to the Registry.  In addition, many unauthorized churches perform wedding ceremonies that have no legal standing.  Marriage certificates issued by churches or other houses of worship not authorized by the Registry are not evidence of a legally binding marriage. 

2.)c.) State/Local Registry: The inaccessibility of Nigeria’s limited number of Federal Marriage Registry offices has led to the opening of local marriage registry offices by nearly all LGAs.  [There are 774 LGAs within Nigeria.]  Similar to the churches described above, some LGAs have been authorized by the Federal Marriage Registry to perform marriage ceremonies “under the act.” The vast majority perform marriage ceremonies without any federal authority.  The Federal Marriage Registry has stated that these ceremonies are not legal, however individuals who marry at LGA registries may not know that their marriage is not legally recognized by federal authorities.  LGAs authorized by the Federal Marriage Registry are required to use paperstock provided by the Registry for marriage certificates.  Other LGAs who perform civil marriages will issue a certificate titled “Unified Marriage Certificate.”  [Note: Many couples perform more than one type of marriage ceremony.  For example, couples may choose to have both a traditional and white wedding, or a traditional and registry wedding.  When this is the case, the date that the first legally binding ceremony took place serves as the date the marriage began.]  

 

Divorce Certificates

 

Available

Fees: Varies by location and court.

Document Name: Decree Nisi and Decree Absolute

Issuing Authority: The High Court of Justice

Special Seal(s) / Color / Format:  Multiple versions of this form are issued in varying formats.  They are typically typed in Times New Roman font and printed on white paper.  Seals may be embossed, sometimes over a red sticker, or they may be inked, most often in red or purple.

Issuing Authority Personnel Title: Judge

Registration Criteria: Must be a registry marriage completed according to the Marriage Act.

Procedure for Obtaining: Divorce Proceedings in accordance with The Matrimonial Causes Act of Nigeria.

Certified Copies Available: Yes

Alternate Documents: For marriages under Native Law and Custom, a divorce decree may be issued by a Customary Court.  For Islamic marriages, a divorce decree may be issued by a Sharia court.

Exceptions: Many divorces for customary marriages will have no written record.  Marriages under native law and custom will also be dissolved by custom; many of these divorces are not recorded while some are recorded by a sworn affidavit after the fact. Islamic marriages may be dissolved in a Sharia Court. 

Comments: Documenting a legal divorce is problematic.  Each type of marriage listed above has its own legal process for obtaining a divorce, thus it is essential to first understand what type of marriage took place before determining what documentation is acceptable to prove that a divorce is legal. 

1.) CUSTOMARY MARRIAGES: There is no legal requirement that a customary marriage should be dissolved by any court, nor any requirement that the divorce be registered or documented. 

1.)a.) Marriage Under Native Law and Custom: Traditional marriages are often dissolved without any written record.  One legal method of divorce involves the groom or his family returning the bride price to the bride or her family.  Divorces for some traditional marriages are documented by one or both parties filing an affidavit with a Customary Court.  Finally, traditional marriages may be formally dissolved by a Customary Court and a divorce decree issued by the court.  Where there is no Customary Court in the area, a Magistrate Court may dissolve a customary marriage.  The courts may dissolve a traditional marriage without one of the spouses being present or even knowing that the divorce took place. 

1.)b.) Islamic Marriage: Divorce is most often initiated by the husband.  Where a man tells his wife, “I divorce you”, that single pronouncement suspends the marriage.  Making this pronouncement 3 times permanently dissolves the marriage.  It is not clear if this must be at the same time or different times. However, the most common practice in Nigeria is for the man to write it on paper and give it to the woman.  Once this is done, the marriage is technically divorced and the couple can only remarry if the wife marries another person and divorces. The woman may take the paper her husband has written to the Sharia court to obtain a Certificate of Divorce.  Sharia courts have jurisdiction to dissolve Islamic marriages in many states in northern Nigeria.  In states where there is no Sharia court, the Customary Court may dissolve Islamic Marriages.  An Islamic marriage cannot be divorced in a Magistrate court unless there is no Customary Court available.  On the other hand, where a woman is dissatisfied with her marriage, she can initiate a divorce herself through a system called Khul, which must be done through a court.  The court will then require the woman to prove that she has brought her case under the permissible grounds of divorce in Islam.  Most times, Sharia court judges are reluctant to grant these petitions.  As in other customary marriages, there is the problem of documentation since the marriage and divorce could be oral.  

2.) REGISTRY MARRIAGES: Registry marriages, regardless of whether they are federal or local registry, can only be dissolved through a High Court.  Post often sees divorce certificates issued by lower (customary and magistrate) courts purporting to have dissolved a registry marriage; these divorce orders are not legally binding.  There is a strict divorce procedure for marriage contracted under the Marriage Act, as set out in the Matrimonial Causes Act of 1970.  One requires the services of an attorney to file a divorce petition and follow through with the legal processes in Court.  After filing the necessary papers in Court, there is a trial.  At the end of the trial, the Court may grant or refuse the Divorce.  Where the divorce is granted, the order is temporary and is called a Decree Nisi.  There is a three month period allowed in the event of reconciliation between the couple.  At the end of the three months, if the parties have not reconciled, then the divorce decree will automatically become absolute and a Decree Absolute is issued.  At this point, the legal bonds of marriage are permanently severed unless the couple remarries.  However, it is important to know that both parties are free to marry other parties once the Decree Nisi is issued; they need not wait for the Decree Absolute.  [Note: As stated above, many couples perform more than one type of marriage ceremony.  For divorce proceedings, once a couple has completed a Registry Marriage, the only legal method of divorce is through the High Court process.  The High Court process is also the only legal method of divorce for residents of Nigeria who married outside of Nigeria.]

 

Oh thank you so much Appreciate 

[John & Rose 7,239]

On 7/9/2018 at 4:34 AM, Kabir Ishola said:

I know is a big time mistake is our lawyer over there saying I don’t need it because is traditional marriage is not legally married to me will get a lawyer to do the divorce I want to ask can do traditional marriage divorce in court Thanks 

 

There is no difference to the US Government between "traditional" and "legal" marriage.  Married is married.  I've seen this many times in the K-1 forums.  There is no such thing as a non-marriage marriage.

 

You need a divorce or you are attempting bigamy.

[Kabir Ishola 5]

50 minutes ago, John & Rose said:

There is no difference to the US Government between "traditional" and "legal" marriage.  Married is married.  I've seen this many times in the K-1 forums.  There is no such thing as a non-marriage marriage.

 

You need a divorce or you are attempting bigamy.

I know that Thanks.I went to the customary court yesterday for divorce because I remember in 2016 I apply for divorce and then open the file for me and I pay the fees but I didn’t go back because of my lawyer he told me I didn’t need it because is not a court marriage but lucky for me I went back today they said they can find my file I just need to pay more money but is ok what can do now can wait for USCIS to get back to me or I should reapply for IR-1/CR-1 new Thanks.

[John & Rose 7,239]

4 minutes ago, Kabir Ishola said:

I know that Thanks.I went to the customary court yesterday for divorce because I remember in 2016 I apply for divorce and then open the file for me and I pay the fees but I didn’t go back because of my lawyer he told me I didn’t need it because is not a court marriage but lucky for me I went back today they said they can find my file I just need to pay more money but is ok what can do now can wait for USCIS to get back to me or I should reapply for IR-1/CR-1 new Thanks.

AWESOME!  I am so glad that worked out.  We all need to beware of lawyers.  There are good ones but for some reason lawyers I've read about here are less than helpful.  They do relieve our wallets of extra cash though.  I am really glad you asked here.  Your lawyer could have kept you on the hook for a long time while happily collecting your money!

 

Congrats and good luck this time around.  Stay positive, you know this is a long stressful journey!

 

Personally, I would withdraw the previous petition and refile.  I am not an expert but that seems the quickest and easiest route.  You may wait months and even years for USCIS.  Just withdraw and refile (my opinion).

Edited July 10, 2018 by John & Rose