husband stated engaged but didn't use my name (split topic)

[Anna Watson 1]

On 9/26/2020 at 8:25 AM, Michellle said:

Hello VJ Family,

 

I am a US citizen waiting to receive a NOA2 for my foreign husband but recently received a NOID from USCIS, so 'm looking for feedback on whether any possible options for resolution might be available concerning my issue.  Let me provide background on the story:

 

My now foreign husband and I first met in 2008 while working together in Iraq as government contractors.  When we met we were both involved in a relationship, he with a live-in girlfriend back in his home country, and me with a boyfriend in another foreign country.  Neither of had any ideal our relationship would become so serious and while we eventually moved on with our lives, we always kept in touch from time to time because we shared a deep bond, and held a hope that one day we'd meet up again as single people who could someday be married; so we kept in touch throughout the years as casual friends.  Fast forward to 2019, we reconnected on a deep an serious level and realized that we still loved each other just as much as we did when we connected back in 2008.  Except now, neither of us was involved in a relationship with anyone else, so we decided to get married.  We did all the necessary background checks to prove to the Ugandan government that both of us were freee to marry in that neither of us were married to anyone else, so our application to marry was accepted after the 20 day waiting period required by the Ugandan Registry. 

 

August 2019 we married and filed the I-130 packet in September 2019, received the NOA1 in October 2019. In May 2020 USCIS issued an RFE asking that we provide proof that my husband had ended a previous marriage.  We responded to the request with a sworn/notarized statement from husband that he has never been married to anyone but me.  The Ugandan Registry also provided a certified/true letter documenting that a search of their records also proved that my husband had never been married, except to me.  September 24, 2020 USCIS issued a Notice of Intent to deny based on the following:

 

1.  they said that when I submitted the I-130 form they asked how many times has the Beneficiary been married and I answered 1 (I thought they were referring to his marriage to me, so this is why I entered 1; and immediately following that question they asked for the date of the marriage, so I listed our wedding date

 

2.  they said that a search of their records shows that my husband had applied for a Tourist Visa to visit the US in 2011 and on the application he indicated his marital status as "married" and he also listed the name of the girlfriend he was living with at the time. 

 

3.  They also said based on this knowledge this makes my marriage to my husband invalid which is grounds for denying the I-130 packet.

 

Prior to all this knowledge from USCIS my husband had already told me when we reconnected back in early 2019 that he had tried to apply for a visa to the US to come and visit me.  When we got the RFE from USCIS in May 2020, my husband also told me that when filling out the form when they asked about his marital status, he selected the option "married" because he didn't see a box for "girlfriend".  Now mind you he and his then girlfriend began living together in 2007, so when my husband was working in Iraq with me in 2008, I knew the girlfriend was living in his home back in Uganda.  I knew about the girlfriend back in 2008 but trusted that my husband was telling me the truth about not being married to her.  He always told me that he and she were NOT married, either legally or by native custom law and that in his country in order to be married to someone you had to do so legally for it to be recognized as a marriage.  

 

So we responded to the RFE showing proof that my husband was never legally or by native custom law married to the girlfriend, and that I am the only person he's ever been married to.  In fact, in 2015 my husband was still overseas working as a contractor, and the girlfriend whom he was still with got fed up with the relationship, and informed by husband that she was seeing someone else and would be leaving my husband for the other man.  So she left my husband in 2015 and married the other man whom she is still married to until this day.

 

So this is the issue I'm looking for possible answers to:  

 

1.  aside from all the certified/sworn documentation we have already provided to USCIS in the RFE, how can we prove to USCIS that my husband and the girlfriend only lived together as boyfriend/girlfriend and that they were never, ever married; that no documentation such as a divorce decree, annulment or termination of that prior relationship exists because it was a simply case of two people living together BUT not legally married.

 

Right now my husband and I are thinking that our only recourse is to get the once girlfriend to sign a sworn statement with the Ugandan Registry office attesting that she and my husband were never married and that she left the relationship and married her now legal husband in 2015.

 

If anyone has any advice in such matters, I would greatly appreciate hearing your feedback.  This matter has us so stressed right now, especially since we have to find a solution within 30 days from 24-September.

 

Thank you.

 

I think I am in a similar position. This was 1 year ago but when my husband applied he put that he was engaged but he didn't use my name. When he applied we weren't married though. We received a Rfe saying he should provide a statement of all previous marriages. This is our first marriage. What did your RFE say? Did it ask for a statement or proof that previous marriages have been terminated. I'm seeing your post and now I'm a little scared that that's where we are head next😭

[Anna Watson 1]

On 9/26/2020 at 10:44 PM, Orangesapples said:

Having a boyfriend or a girlfriend is not a legal status. Today you have a boyfriend, tomorrow you don't. Or you can have two, three, four boyfriends. When you are asked about your marital status, that's all they're asking about - your marital status, if you're not married, you're single, it doesn't matter how many boyfriends you have. 

what about engagement? my now husband selected Other when asked about his marital status and explained that he was engaged. We weren't married at the time though and this was 1 year ago. We recently got a RFE asking for a written statement that he has never been married. I am now scared because of the original post. I know people say being engaged is not a legal term per say but I am so nervous right now.

[pushbrk 12,877]

20 minutes ago, Anna Watson said:

I think I am in a similar position. This was 1 year ago but when my husband applied he put that he was engaged but he didn't use my name. When he applied we weren't married though. We received a Rfe saying he should provide a statement of all previous marriages. This is our first marriage. What did your RFE say? Did it ask for a statement or proof that previous marriages have been terminated. I'm seeing your post and now I'm a little scared that that's where we are head next😭

What's to be afraid of?  The OP's husband lied.  Yours told the truth.  Big difference.

[Anna Watson 1]

1 minute ago, pushbrk said:

What's to be afraid of?  The OP's husband lied.  Yours told the truth.  Big difference.

He didn't put my name that he was engaged to me. This was a year ago and he was already denied. We got married after his visiting visa was denied. he said he put a different name because he thought he would be denied if he wrote my name and it would show that I am I. the US. But anyways he was still denied and we got married after. Others have said being engaged is not a legally binding, is that true. 

[SalishSea 17,819]

6 minutes ago, Anna Watson said:

He didn't put my name that he was engaged to me. This was a year ago and he was already denied. We got married after his visiting visa was denied. he said he put a different name because he thought he would be denied if he wrote my name and it would show that I am I. the US. But anyways he was still denied and we got married after. Others have said being engaged is not a legally binding, is that true. 

Being engaged is not a legal status.  A fiance has no legal standing.

 

I don't know what you're worried about.  Your situation is not at all like the OP's.

[NigeriaorBust 4,087]

   When we were dealing with the mess we had they somehow stumbled on his bride price ceremony to an ex girlfriend but the rebuttal was simple and a no hassle acceptance ,  we sent the notice of the car accident where she died about a year later the bride price was paid that even mentioned her being buried in his compound.   

[Orangesapples 1,954]

29 minutes ago, Anna Watson said:

He didn't put my name that he was engaged to me. This was a year ago and he was already denied. We got married after his visiting visa was denied. he said he put a different name because he thought he would be denied if he wrote my name and it would show that I am I. the US. But anyways he was still denied and we got married after. Others have said being engaged is not a legally binding, is that true. 

Of course it's not legally binding. There is no divorce for engaged people. He won't be asked about a divorce decree. Now, it might be suspicious on the bona fides of the the marriage that he used someone else's name. 

[Anna Watson 1]

6 minutes ago, Orangesapples said:

Of course it's not legally binding. There is no divorce for engaged people. He won't be asked about a divorce decree. Now, it might be suspicious on the bona fides of the the marriage that he used someone else's name. 

That's my thoughts too. They did ask for proof of bonafide marriage. We have pictures together, wedding ceremony, joint bank accounts, I have proof of traveling 4-5 times yearly to visit, vacations and plenty of affidavits. Just waiting to hear back. saw this post and I'm getting nervous

[pushbrk 12,877]

1 hour ago, Anna Watson said:

He didn't put my name that he was engaged to me. This was a year ago and he was already denied. We got married after his visiting visa was denied. he said he put a different name because he thought he would be denied if he wrote my name and it would show that I am I. the US. But anyways he was still denied and we got married after. Others have said being engaged is not a legally binding, is that true. 

Now that you've clarified "didn't put my name" to mean he lied and used a false name of fiancee, then the issue is not whether being engaged is legally binding.  The issue is that he lied.  How big an issue that will be down the road is impossible to predict, but if they found he lied, then there are likely to be consequences, you know, like in real life.

[Orangesapples 1,954]

1 hour ago, Anna Watson said:

That's my thoughts too. They did ask for proof of bonafide marriage. We have pictures together, wedding ceremony, joint bank accounts, I have proof of traveling 4-5 times yearly to visit, vacations and plenty of affidavits. Just waiting to hear back. saw this post and I'm getting nervous

Start your own thread, this is a different issue. 

[Ryan H 3,812]

~~~Posts split into separate topic as poster is asking about heir own situation; please refrain from hijacking threads started by other members.~~~

[carmel34 3,622]

12 hours ago, Anna Watson said:

He didn't put my name that he was engaged to me. This was a year ago and he was already denied. We got married after his visiting visa was denied. he said he put a different name because he thought he would be denied if he wrote my name and it would show that I am I. the US. But anyways he was still denied and we got married after.

So to get your story straight, your fiance lied on a visa application by putting another person's name on the application instead of yours, to increase his chances to get a tourist visit to enter the US to see you, his true fiancee?  And, he signed the visa application stating that all statements on it were true, "under penalty of perjury?"  If that's the case, it may be a problem of misrepresentation that could slow down or even prevent his visa from being approved.  If asked about this, he needs to come clean and admit that he lied.  And be prepared to lawyer up if needed, more time and money, maybe there is a waiver path if he is found inadmissable.  Good luck!

[Cathi 5,747]

22 hours ago, Anna Watson said:

He didn't put my name that he was engaged to me. This was a year ago and he was already denied. We got married after his visiting visa was denied. he said he put a different name because he thought he would be denied if he wrote my name and it would show that I am I. the US. But anyways he was still denied and we got married after. Others have said being engaged is not a legally binding, is that true. 

You are comparing apples to oranges.

You situation is nothing like the OP's. Nothing.

[Anna Watson 1]

1 hour ago, Cathi said:

You are comparing apples to oranges.

You situation is nothing like the OP's. Nothing.

understood u from the first 'nothing'.