Asking for a friend :) :)

[millefleur 5,046]

I'm not even sure getting married in the US is going to solve the issue if the question arose from the Mexican divorce certificate. That would truly be a huge waste of money and time to go back to the US, re-marry and then submit all said documentation with that, only to have USCIS come back and still have issues with the original divorce doc.

 

People at USCIS are human and make mistakes...if it were me, I would've triple checked with them what exactly was needed to fix this problem before jumping on the "well, let's just go re-marry in the US" bandwagon. Also, is it even technically possible to get re-married to the same person if you are already married to them?

 

4 minutes ago, missileman said:

It seems to me it could compound issues.......creating a bigger mess for her......

That's what I'm thinking. There just seems to be more to this story than meets the eye.

Edited March 30, 2019 by millefleur

[Cathi 5,748]

If they don't think the divorce certificate is valid then wouldn't he need to get divorced again before the remarry?

[Ash.1101 1,756]

6 minutes ago, millefleur said:

I'm not even sure getting married in the US is going to solve the issue if the question arose from the Mexican divorce certificate. That would truly be a huge waste of money and time to go back to the US, re-marry and then submit all said documentation with that, only to have USCIS come back and still have issues with the original divorce doc.

 

People at USCIS are human and make mistakes...if it were me, I would've triple checked with them what exactly was needed to fix this problem before jumping on the "well, let's just go re-marry in the US" bandwagon. Also, is it even technically possible to get re-married to the same person if you are already married to them?

 

That's what I'm thinking. There just seems to be more to this story than meets the eye.

 

 

I would be worried that the new marriage liscense would cause the spouse to be a CR1 and not an IR1. Then they have to AOS and who knows what they have scanned into the system.

 

imagine a IO pulling up two marriage liscenses with no explaination as to why they exist.

 

again tho, marriage doesn’t negate divorce. Why wouldn’t they ask for another certified divorce certificate or at the minimum just say WHY they cant accept the divorce certificate. does he need to get divorced again since his cert is unacceptable?

 

wouldnt all of the weddings be illegal because he wouldn’t be free to marry?

 

the can of worms is HUGE 😂

Edited March 30, 2019 by Ash.1101

[Villanelle 4,122]

The only thing I can think of is factoring in many places require proof of divorce before letting you marry- (right?) So perhaps this has something to do with their marriage and the Mex divorce not being acknowledged on it? That I can see being told 'go back to where you got married and do it again properly'. The rub is they can accomplish the same result getting married in Germany. Also if it is a matter of the Mex divorce not being done properly or something - they may not be able to get married super quick in the US. Plus nothing stops them from coming to the US to marry again and then deciding its too much hassle to return to Germany for the rest of the process and staying...  

[millefleur 5,046]

Be sure to keep us posted @Roel on how this unfolds. If your friend continues to have troubles with this, it might be time to seek a lawyer.

[Ash.1101 1,756]

15 minutes ago, username_taken said:

The only thing I can think of is factoring in many places require proof of divorce before letting you marry- (right?) So perhaps this has something to do with their marriage and the Mex divorce not being acknowledged on it? That I can see being told 'go back to where you got married and do it again properly'. The rub is they can accomplish the same result getting married in Germany. Also if it is a matter of the Mex divorce not being done properly or something - they may not be able to get married super quick in the US. Plus nothing stops them from coming to the US to marry again and then deciding its too much hassle to return to Germany for the rest of the process and staying...  

Is there a place where you are suppose to declare prior marriages? Is it maybe county specific? 

 

This wasn’t something on asked for my second marriage at all, but im wondering if after filling out the application they just ran it in the data base and saw yes I was infact divorced since it happened in the same city as the marriage application. But it def wasn’t something I was asked about.

Edited March 30, 2019 by Ash.1101

[Villanelle 4,122]

@Ash.1101 http://www.thetransitionalmale.com/marlaws1

 This website shows what you need to marry in each state. Some need proof of divorce and some do not. If that is part of the issue they are having then are they going back to the same state to marry again? I think like others have said it really depends on what the issue is USCIS is having with their paperwork - which hasnt been posted. Getting married again in the same location may or may not solve the issue.

[Dashinka 24,494]

I am also very confused.  If the husband’s divorce decree from the first wife is not acceptable to USCIS, then it seems they are saying he is still technically married to wife 1.  I wonder if they are suggesting he marry wife 1 in the US and then do a quickie divorce which also seems unwarranted, but to have him re-marry wife 2 in the US makes no sense at all if they are not recognizing the divorce from wife 1.

 

 

 

 

 

 

Edited March 30, 2019 by Bill & Katya

[bakphx1 789]

I have to echo a previous comment.  If they don’t recognize a previous divorce, then how can say she can marry again?  I wonder if they got a dim bulb and need to get someone else.  

 

They’d need to at what is exactly wrong with the Mexican divorce decree.  I would escalate this with USCIS, because they are telling her to fix a non-divorce (in their eyes) with a new marriage.  Sounds like a messy paper trail.

[carmel34 3,626]

There have been some VJ threads about a divorce from Mexico or other countries not being recognized by USCIS or DOS embassy/consulate abroad.  So your friend needs to clarify this whole idea of getting married again to make sure they are doing the right thing and get in writing exactly what steps to take in order to get approved for DCF or whatever they are trying to do.  Was this an RFE?  In writing?  Or just a phone call?  The whole thing about getting married a second time seems very strange without resolving the divorce thing first.  Maybe what they were asked to do, if the Mexico divorce decree was not recognized, was to go to the US, file for a divorce there from wife 1, then get married to wife 2 after that.  That would make more sense since according to whatever office they are going through, their first marriage was not valid because the divorce was not recognized.

[aaron2020 11,651]

There's a miscommunication.

 

Remarrying in the US has nothing to do with not accepting the Mexican divorce.

 

If there is a problem with the Mexican divorce, remarrying in the US is not the answer.

[Allaboutwaiting 2,503]

You can divorce in Mexico IF you got married in Mexico. So maybe they didn't, therefore the non validity issue. 

Now, if the second marriage happened without a valid divorce, it would be considered bigamy. So remarrying fixes nothing, as the first marriage was not terminated.

Mexican divorce certificates are perfectly valid as long as they are official, emitted by a civil authority -all certificates use the same format and paper-. Being this the case, the question arises: did a USCIS agent actually saw the certificate to define is validity? 

 

 

Edited March 30, 2019 by Allaboutwaiting

[Allaboutwaiting 2,503]

And was a notification issued highlighting the non validity? Such as an RFE

Edited March 30, 2019 by Allaboutwaiting

[little immigrant 801]

I'm sure the divorce document just needs an apostille

[Russel1995 163]

Where did marriage #1 take place?

 

Could it be possible she married husband #1 in the US, then divorced in mexico making that divorce decree invalid (you can divorce in mexico if thats where the marriage happened, otherwise no) then she married again while still technically married?   In mexico, a divorce has to be filed in the same state where the marital domicile is located.  So they would have had to be living in mexico at the time of the divorce as well for it to be valid.

 

And USCIS was telling her to "do it again in the US" as in terms for the original divorce?

 

 

And idea

Edited March 31, 2019 by Russel1995