cr-1 or k1?

[anaiss 0]

Hello everybody, my case is complicated but need you advices and help.

My husband is a american citizen and we have married since 2012. But we get married here in my country in Senegal he was waiting his divorce paper. But here in my country it's not a problem it's polygami (you can have 4wifes) he take her official divorce 01 month after our marriage

When we submit a Cr-1 for spouse it was denied because they told us that our marriage is not available in the Us. So we thought to submit a K1 visa fiance and get married in the Us. We have 02 kids.

Your opinion please?

[JFH 12,191]

My guess is you are also going to be considered “too married” for a K-1. 

 

Is he now officially divorced? That was a stupid mistake to get married again before the divorce was finalized. I know it’s possible in your country but he’s an American. He wouldn’t do that here so why would he do it anywhere else? Why couldn’t he just wait like every other American divorcée? I’m assuming he doesn’t live in Senegal? 

 

You should have a formal marriage ceremony now and then file the CR-1 again showing the marriage ceremony was performed AFTER the date that his divorce was finalized. 

[anaiss 0]

THANKS FOR YOUR RESPONSE. BUT IF WE DO THAT WE HAVE TO DIVORCE BEFORE. BECAUSE THE DATE OF OUR FIRST MARRIAGE HAVE TO BE CHANGED.

AT THE FIRST WE DIDN4T PLAN TO LIVE IN US THAT'S WHY WE GET MARRIED BEFORE THE DIVORCE. BUT IT WAS A BIG MISTAKE

[p-ana 933]

you have to divorce first

 

 

 

[EM_Vandaveer 2,417]

Divorce & re-marry. No other way.

[anaiss 0]

THANK YOU I think so also it's a only way.

[EM_Vandaveer 2,417]

5 minutes ago, anaiss said:

THANK YOU I think so also it's a only way.

Just to clarify, his divorce with his ex is final now as well, correct?

[anaiss 0]

yes he obtain the divorce since 2013

[pushbrk 13,250]

Just seconding the advice.  While you may well be legally married in your country, that is for the law in your country.  For a marriage to be considered valid for US immigration purposes, you must both be legally free to marry WHEN your marriage takes place.  HE was not.  Therefore you ARE not married enough for a spouse visa but too married for a fiancee visa.  Terminate your current marriage, then marry again and file a new I-130 base on the second marriage to your (now) husband.