Cr1 denied

[Crazy Cat 41,845]

9 minutes ago, Scott001 said:

Is it possible to remarry in a 3rd (another) country and have that one recognized by USCIS? 

Not without legal evidence that ALL previous marriages were properly terminated.....but, yes, USCIS recognizes legal marriage from any country.

 

If the OP's second marriage is not legal, then he could marry in another country.

Edited March 4, 2020 by missileman

[Scott001 128]

I guess I don't get if the marriage isn't recognized by USCIS then why would they recognize that marriage being terminated. I guess it's just a case of USCIS recognizing both marriages but you can't be married to two people at once. 

 

[Crazy Cat 41,845]

Just now, Scott001 said:

I guess I don't get if the marriage isn't recognized by USCIS then why would they recognize that marriage being terminated. I guess it's just a case of USCIS recognizing both marriages but you can't be married to two people at once. 

 

You are correct.  If the second marriage isn't legal, it would not have to be terminated.....He would just have to now have a legal marriage......Sorry, I was stating in general terms.....

[Boiler 45,486]

May be legal where they married and many places do not allow you to re marry without being divorced.

[LilyJ 1,258]

1 hour ago, Scott001 said:

I guess I don't get if the marriage isn't recognized by USCIS then why would they recognize that marriage being terminated. I guess it's just a case of USCIS recognizing both marriages but you can't be married to two people at once. 

 

The issue is that the marriage IS legal in Palestine and is entirely valid, since polygamy is legal there. But it’s not legal in the US. So in order to get married again properly for US immigration, he has to get divorced first, since the marriage is legally valid in Palestine and presumably must be dissolved first before he can marry his wife again

[Amadia 711]

7 hours ago, Ayoubsaid said:

I am legally married in the state of Palestine. The date on the marriage license we have is Oct 22 2017.  But my divorce papers in the us didn’t finish til Oct 26 2017. 

Now you see how important reviewing, double-checking AND triple-checking your information on your application is before submitting. The officers are trained to scrutinize every detail on the application sent to them.

Hopefully you correct the error....good luck!

[Duke & Marie 1,389]

I’m assuming you’re a USC or at the very least a LPR who is no doubt aware of poligomy laws in America, therefore I fail to see how you didn’t realise you were married to two people at the same time or why you didn’t think that this would not be a problem at some point.. 

 

all spousal visa forms have you list dates of marriage/ divorce etc and provide relevant documents to support these dates.. it would be near impossible for you to have not realised this at some point prior to the interview that the dates didn’t line up and that under US law you were not leagally free to take on a second wife making it null and void. 

 

Im sorry for your visa denial, more so I’m sorry for the time and money you’ve wasted with processing your application but I must say that ignorance or self-denial toward US marriage and/or divorce laws is kind of inexcusable and you really shouldn’t be surprised by the visas denial irrespective of where the second marriage took place and/or under what laws. 🤷‍♀️

Edited March 5, 2020 by Duke & Marie
Typo

[Just Paul 4,595]

3 hours ago, Scott001 said:

I guess I don't get if the marriage isn't recognized by USCIS then why would they recognize that marriage being terminated. I guess it's just a case of USCIS recognizing both marriages but you can't be married to two people at once. 

 

This is where it becomes a mess . . .

Since he married in Palestine, where bigamy is legal, he should have a divorce, preferably there.

 

Once he is free to marry (from a US perspective) then they can remarry.

[Abcd1234 102]

Add to injury,  in islamic law, you cannot marry wife after divorcing unless you marry another person and divorce,  only then you can marry the same person again. So if he divorces , he cannot marry her again according to Islamic law. I assume Palestine have islamic law unless they recognize other forms of marraiges too, because I know in Pakistan if you divorce your wife, you cannot remarry her unless she gets married tk another guy for atleast 3 days and this is practiced in many other parts of islamic world as well, not sure about Palestinian laws

[Lemonslice 4,840]

1 hour ago, Abcd1234 said:

Add to injury,  in islamic law, you cannot marry wife after divorcing unless you marry another person and divorce,  only then you can marry the same person again. So if he divorces , he cannot marry her again according to Islamic law. I assume Palestine have islamic law unless they recognize other forms of marraiges too, because I know in Pakistan if you divorce your wife, you cannot remarry her unless she gets married tk another guy for atleast 3 days and this is practiced in many other parts of islamic world as well, not sure about Palestinian laws

They can marry in another country. Not sure if their faith, or swift immigration process, is most important for them.

[Abcd1234 102]

1 hour ago, Lemonslice said:

They can marry in another country. Not sure if their faith, or swift immigration process, is most important for them.

yes third country is definitely an option, that way they may not have to change marraige date on Palestinian documents as well as it may not be possible to change it, and just use marraige certificate from 3rd country for immigration, instead of Palestinian marraige certificate and if immigration officer brings issue of marraige certificate of palestine that was used before, just explain that it was not valid marraige according to US laws, so it was basically invalid to begin with and that we travelled to 3rd country and got married there.

     however, one thing to keep in mind, (again not sure of palestinian laws)but most muslim countries list husband name in passport. so if they are traveling abroad to marry and have husband name in passport then that third country may ask for divorce certificate first in order to marry,

     also check marrige law of that 3rd country first they may have same islamic laws or similar laws which prevent remarraige.

      many countries ask for no objection certificate from the embassy of applicants in order to marry if both individuals are foriegners so better to avoid those countries, as it could be hard to get that certificate given you are married in palestinian documents.

     some countries dont allow two forigners to marry at all, atleast one have to be permanent resident of that country or region or union, so check before you decide a country

     and ofcourse third country most likely require visa for palestinian passport and could be hard to get one with palestinian passport, so choosing country with no visa requirement would be better.   so lot to consider before deciding.

   

       So for all that, may be divorce in palestinian papers first before travelling abroad to marry could be the only solution, (or like i said before, palestine may not have strict islamic laws like other islamic countries and may allow to remarry after divorce which would be the best case senario . Must check local laws before making decision.)

 

       small mistakes sometimes cost too much so better plan good for next time with everything in mind, and double checking laws of US, palestine and 3rd contry if that comes the choice.

wishing you good luck, i know it is hard to live apart specially in pain like this.

 

  

     

Edited March 5, 2020 by Abcd1234

[Beth & Achraf 328]

21 hours ago, Unknown1234543 said:

Hello 

 Where to begin. When I was 18 I was dumb and made the mistake of eloping. After a couple months me and the girl decided we had made a mistake. I moved over seas to Palestine and she stayed in America. While over seas we decided to start our divorce papers which took Roughly a year . During that time I had met another girl who lived in Palestine. After sometime we decided to get married. In Islamic culture before the wedding we do an official marriage contract. Which we did 2 months before our wedding. We got married and lived in Palestine for a year together before deciding to start her cr1 visa application. Everything went smoothly, we had our interview ,co said everything was fine but we were missing documents. He advised us to send the missing documents as well as her passport back to the embassy and they would issue a visa. Fast forward to today and we received her passport back saying her papers will be sent back to uscis under ina 212 a 5. Upon searching that code I discovered it was a code regarding work, which she wasn’t going to do because her occupation is a homemaker. So I decided to email the embassy and this what they sent back “Thank you for contacting us. The refusal code you see on the refusal sheet pertains to your case, in which it was found that the relationship between you and the applicant is not valid for immigration purposes. Specifically, it was found that you were still married to your first spouse when you contracted with your current one. As a result, we are returning the petition to the USCIS for further action and possible revocation. If USCIS determines that the information we are providing would provide a sufficient foundation for initiating revocation proceedings, it will send the petitioner a notice of intent to revoke that includes a statement of the facts and evidence, and you will have the opportunity to respond.”

 

So after receiving this I decided to check the date on my divorce paper and new marriage certificate and BAM there’s a 5 day difference. I never thought to check the dates the whole divorce situation happened while I was overseas. When I got married overseas to my knowledge my divorce had already been processed but boy was I wrong. What do I do now. I am fully divorced and happily married To my wife. Please any help would be appreciated.

 

Divore date October 26 2017

Current: October 22 2017 

You need to re-marry your current wife and refile with USCIS.  No way around it.

 

On your divorce from 1st wife, make sure your divorce papers say  Final Decree or at least shows Irrevocable Divorce.

 

 

 

[Ontarkie 14,221]

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