Visa refused under section 212(a)5(A)

[IssaCaptureFL 120]

1 hour ago, Aj06 said:

I was surprised they didn't pick up anything about the said divorce which was previously filed in 2009 by the high court.

It could of been filed/petitioned for but they don't look into that, there's a lot of people who file but never go through with it so what they look for is it actually happening. I for one sent over my court documents which the judge signed off on stating the divorce was finalized however my file was placed on Administrative Processing because that is not a valid proof of a divorce. The actual divorce certificate itself was what they wanted to see. Basically thats all they care about. 

[carmel34 3,634]

45 minutes ago, Aj06 said:

I hear you my friend,but i am trying to find out what happened to divorce #1,if it did pass in 2009 then that would solve my problem.

Not worth the time or effort to try and find out what happened in 2009, because this seems pretty straightforward based on what you've posted.  If your divorce date, according to the court, was January 27, 2017, and you have a certified divorce decree from the court to confirm the date, then that's the date your first marriage legally ended.  It didn't end in 2009 or 2010 or any year until 2017.  That's why your current marriage is not valid, because you got married to someone while you were still married, and US immigration is not cool with that as you found out.  Instead of worrying about what happened 10 years ago, focus your time, energy, and money on getting married to your girlfriend as soon as you can and helping her file a new I-130.  And when she does, include an explanation about all of this and include supporting documentation because you can be sure they'll ask about it at the interview about a year from now if you get married soon and all goes smoothly.

[Unlockable 7,314]

1 hour ago, Aj06 said:

I hear you my friend,but i am trying to find out what happened to divorce #1,if it did pass in 2009 then that would solve my problem.

 

1 hour ago, Aj06 said:

Divorce #2 filed by my ex was legally terminated on the 27th of jan 2017 and i am trying to find out the status of divorce #1 which was also filed by her in 2009, because that's the date i give uscis as my marriage termination date.

I agree with @carmel34 that it may not even be worth it trying to find out what happened to the first divorce. If the actual court and your ex's lawyer can't provide for you the divorce documents, then it is likely too much time and money to try to unbury it. It is best to move forward and remarry and file with the divorce documents from 2017.

[Aj06 11]

5 hours ago, Aj06 said:

Hi guys,

I had my immigrant visa interview on 05/22 and it was refused.lO said that he believed the marriage is real but not valid.

Here is my story:-

I got married to my now ex in 2004 and due to difficulties in our marriage we separated in May 2008.In July 2008 she summons me to court for divorce which was delivered by a court marshal.From July 2008 to March 2009 i received three notices to appear for the divorce.I consulted a lawyer and he advised me that once i agreed to the divorce i dont need to waste time and money to contest it,that the marriage will eventually be terminated and the divorce will pass and judgement will be ruled in my ex favor.So in March 2009 i received the final notice to appear for the hearing in April and the notice stated that "this is the final notice to appear and if you fail to appear judgement will be ruled in your absence".So since then i believed that,that marriage was terminated and the divorce passed.

In July 2009 i entered into a common law relationship with my present wife and after she migrated in 2016 i went to visit and we got married in October 2016.Before we got married i asked my dad to go and get a copy of my divorce from the family court since i was not in the country and he was told that he needed my ID to get it or i have to come in person,so i believed that the divorce absolute was there and my previous marriage had been terminated and i acted in good faith and got remarried to my now wife and we believed that our marriage is a true and valid union.In December 2016 my wife petitioned for me.On the i130 application i did mentioned that i was previously married and stated that it ended in April 2009.when i returned to my country in January 2017 and i went to the family court to get a copy of my divorce i was told that they can't find it in their system.Upon inquiring further i pleaded with the clerk to search for the hard copy and i was told that,thats since 2009 they can't find it now...very disappointed.

I then asked my dad to call my ex and ask her if she has a copy and she said that she has to go and get it at court.To my surprise one week later my dad received a call from her lawyer saying that he has a divorce summons for me filed by my ex.Note this is the second time she is filing two separate divorces for same marriage. 

So i went and i asked the lawyer what is going on and he said i have been served.I then asked him if he was aware that she filed for divorce since 2008 and what happend to that.His response was same as the clerk at the court and was hasty saying that my ex is almost nine months pregnant and she dont have time to run about and since she filed for the divorce i have to pay half the fee and so on.Any way this divorce passed and the marriage was terminated in late January 2017.I now messed  up big time by taking it for granted buy not informing uscis since they never asked for it and approved my petition anyway.I then submitted the divorce absolute to nvc along with other civil docs for visa processing and my case was completed without any difficulty.

Now at the interview i was refused because my marriage is not valid.The IO said he believed my marriage is real but not valid and then typed the refusal letter saying that i am not qualified for the visa i am applying for and my case will be returned to uscis with recommendation to revoke.I messed up big time, my wife is so disheartened everytime she calls she is crying and this is eating me up because i have let my family down as a husband and as a father.

Dont know what to do?Can this be fixed?

Plz help!

Guys i am confused,when i researched the INA 212(a)5(A) it says that's a labor certification act,am i missing something? I thought that was bigamy act....???

[Aj06 11]

1 hour ago, Unlockable said:

 

I agree with @carmel34 that it may not even be worth it trying to find out what happened to the first divorce. If the actual court and your ex's lawyer can't provide for you the divorce documents, then it is likely too much time and money to try to unbury it. It is best to move forward and remarry and file with the divorce documents from 2017.

I guess i dont have any other  choice but to start the process all over.How will i tell my wife that now since she is emotionally distress presently.....and this is killing me because i am the cause,i crushed my son's joy,he was so excited to see me n now what will i tell him....i really let them down and i will never forgive myself for this....i feel so useless,since i will not be there for them.

[Elsalove2016 34]

32 minutes ago, Aj06 said:

I guess i dont have any other  choice but to start the process all over.How will i tell my wife that now since she is emotionally distress presently.....and this is killing me because i am the cause,i crushed my son's joy,he was so excited to see me n now what will i tell him....i really let them down and i will never forgive myself for this....i feel so useless,since i will not be there for them.

Please you have to be very strong for your family and yourself . I don’t know exactly your situation but it doesn’t seem that all is lost . Put your energy in fixing this problem by getting the correct documents and getting married again and file as a spouse . Time goes by very fast and working on the process again the right way will make time go by even faster. It’s a very tough situation but you did not fail anyone , you didn’t do this on purpose , it seems you were confused and unaware of what was happening , honestly it can happen to anyone . Now you have to be strong for your family and yourself . 

Edited May 26, 2019 by Elsalove2016

[Amadia 711]

Seems like your ex filed for divorce but, since you failed to appear at the advice of the attorney (which confuses me why he/she would advise this), the judgment was not made and divorce was not explicitly granted. If it did, you and/or your attorney would have received a copy of the divorce ruling. 

One should never assume when it comes to court rulings unless physical paperwork provides proof of the ruling decision. 

[Amadia 711]

13 hours ago, Aj06 said:

Guys i am confused,when i researched the INA 212(a)5(A) it says that's a labor certification act,am i missing something? I thought that was bigamy act....???

Does your refusal paper actually state 212(a)5(a) or is it 212(a)2 or 212(a)2(a) ?

 

Visa refusal under 212(a)2 is usually for moral turpitude (sexual assault, bigamy, homicide, child abuse, etc.)

Visa refusal under 212(a)2(a) is if you were charged or found guilty of a crime of moral turpitude. 

[Aj06 11]

2 hours ago, Amadia said:

Does your refusal paper actually state 212(a)5(a) or is it 212(a)2 or 212(a)2(a) ?

 

Visa refusal under 212(a)2 is usually for moral turpitude (sexual assault, bigamy, homicide, child abuse, etc.)

Visa refusal under 212(a)2(a) is if you were charged or found guilty of a crime of moral turpitude. 

It's 212(a)5(A),thats y i am confused.

 

[geowrian 22,337]

I don't know why there is a reference to INA 212(a)(5)(A)...that seems incorrect. But the circumstances should fall under INA 221(g) since the petition is invalid and being returned to be revoked. There could be an inadmissibility for misrepresentation involved (INA 212(a)(6)(C)), but I'm doubtful they would even try to pursue as it seems to not be a willful misrepresentation (you made a big mistake, but not tried to deceive them).

[Aj06 11]

1 hour ago, geowrian said:

I don't know why there is a reference to INA 212(a)(5)(A)...that seems incorrect. But the circumstances should fall under INA 221(g) since the petition is invalid and being returned to be revoked. There could be an inadmissibility for misrepresentation involved (INA 212(a)(6)(C)), but I'm doubtful they would even try to pursue as it seems to not be a willful misrepresentation (you made a big mistake, but not tried to deceive them).

 

 

Edited May 26, 2019 by Aj06

[Aj06 11]

3 minutes ago, Aj06 said:

 

 

 

[Boiler 45,539]

So is the plan to marry and file? Not sure what you are looking to do.

[Amadia 711]

2 hours ago, Aj06 said:

 

This states you were refused due to being unqualified for the Visa category you applied for. So, you applied for spouse Visa while still being legally married to another. 

[Aj06 11]

12 hours ago, Boiler said:

So is the plan to marry and file? Not sure what you are looking to do.

I guess thats my only choice,but i am confused as to what to do now...do i go ahead and remarry and refile immediately? Or should i wait for uscis to inform me officially that my case was revoked/closed first before doing anything?