Urgent : Divorce Case queries

[spikyom 1]

Hello,

 

My brother got an interview on 2020 December 14 and the visa category is IR1.

 

Problems :

He did not mention about the divorce section in I-130 form and DS 260 form  as he had not divorce paper from first marriage while filing the form.

 

Will it be OK if he did not mention about the previous marriage? But this seems like a fraud so i suggested to make an official divorce paper with first marriage and update the DS 260 form.

 

Please suggest how can we update the DS 260 form as the interview appointment date is fixed. Also please text me if anyone had faced same issues like this.

 

Also please suggest how this can be handled.

 

Thank you,

 

 

[Crazy Cat 41,845]

32 minutes ago, spikyom said:

Will it be OK if he did not mention about the previous marriage?

Falsifying immigration documents is a formula for disaster. His case will be denied and/or returned to USCIS.  In addition, Misrepresentation can cause disaster many years later.

Edited November 23, 2020 by Lucky Cat

[Coco8 1,042]

Consulates investigate people. How is it that he didn't include that in the form? Maybe he didn't tell his current wife about his previous marriage? That's a big no-no. 

 

I hope he did divorce before marrying a second time. How is it that he cannot find the divorce papers?

Edited November 23, 2020 by Coco8

[aaron2020 11,651]

No, it's not okay.  It's immigration fraud.

 

How can he not have divorce papers?  Without divorce papers, then he is married to two women at the same time. 

[spikyom 1]

He had filed a divorce paper before marriage but the official divorce  came 2 weeks after the marriage.

His wife also knew about the divorce but the official paper was not available while submitting the form.

So what can be done in these cases.

 

Thanks

[aaron2020 11,651]

6 minutes ago, spikyom said:

He had filed a divorce paper before marriage but the official divorce  came 2 weeks after the marriage.

His wife also knew about the divorce but the official paper was not available while submitting the form.

So what can be done in these cases.

 

Thanks

If his divorce did not become official before he married, then he committed bigamy.  His marriage is not valid for US immigration.

 

Withdraw the case and go talk to a good US immigration lawyer.
 

 

Edited November 23, 2020 by aaron2020

[NancyNguyen 1,657]

21 minutes ago, spikyom said:

He had filed a divorce paper before marriage but the official divorce  came 2 weeks after the marriage.

His wife also knew about the divorce but the official paper was not available while submitting the form.

So what can be done in these cases.

 

Thanks

There is no way around this mess. Formally withdraw the case and consult a great immigration lawyer.

[SteveInBostonI130 3,434]

1 hour ago, spikyom said:

He had filed a divorce paper before marriage but the official divorce  came 2 weeks after the marriage.

His wife also knew about the divorce but the official paper was not available while submitting the form.

So what can be done in these cases.

 

Thanks

 

In the eyes of the US and especially USCIS and DOS, his second marriage (to US citizen) is not legal.   This is no longer a do it yourself case.  He and his US non-spouse will need professional assistance.

[Duke & Marie 1,389]

2 hours ago, spikyom said:

He had filed a divorce paper before marriage but the official divorce  came 2 weeks after the marriage.

His wife also knew about the divorce but the official paper was not available while submitting the form.

So what can be done in these cases.

 

Thanks

Then he’s not married to his second wife... you cannot be legally married to two people at the same time

 

you need to withdraw any petitions already submitted since no there is no right to immigration benefit.. then marry the second wife again and start the petition all over 

Edited November 23, 2020 by Duke & Marie

[Crazy Cat 41,845]

3 hours ago, spikyom said:

He had filed a divorce paper before marriage but the official divorce  came 2 weeks after the marriage.

His wife also knew about the divorce but the official paper was not available while submitting the form.

So what can be done in these cases.

 

Thanks

He is not legally married for immigration purposes.......He must get a formal divorce decree from his first marriage, remarry, refile the I-130, and start the entire process..  He has created a serious problem.......

Edited November 23, 2020 by Lucky Cat

[retheem 564]

4 hours ago, spikyom said:

Hello,

 

My brother got an interview on 2020 December 14 and the visa category is IR1.

 

Problems :

He did not mention about the divorce section in I-130 form and DS 260 form  as he had not divorce paper from first marriage while filing the form.

 

Will it be OK if he did not mention about the previous marriage? But this seems like a fraud so i suggested to make an official divorce paper with first marriage and update the DS 260 form.

 

Please suggest how can we update the DS 260 form as the interview appointment date is fixed. Also please text me if anyone had faced same issues like this.

 

Also please suggest how this can be handled.

 

Thank you,

 

 

First of all, was there ever a marriage certificate issue? Was the marriage ever registered anywhere? Let's start from there

[carmel34 3,626]

4 hours ago, spikyom said:

He did not mention about the divorce section in I-130 form and DS 260 form

"He did not mention..." to state the obvious, he lied on two federal government forms, and signed his name that all answers were truthful and complete "under penalty of perjury," so this is a VERY big problem, not only because he knowingly lied two times, but it will most likely be considered a material misrepresentation to try and fraudulently obtain a US immigration visa, probably a lifetime ban.  Your brother and his wife should have a long, serious talk about where they can live together outside the US, whether that's Nepal or some other country.  Good luck!

[African Zealot 1,455]

1 hour ago, Duke & Marie said:

Then he’s not married to his second wife... you cannot be legally married to two people at the same time

 

 

That is not correct. If their country allows polygamy, US immigration law does not invalidate their marriage. It is not valid for US immigration purposes, correct. 

[SteveInBostonI130 3,434]

44 minutes ago, Ray.Bonaquist said:

That is not correct. If their country allows polygamy, US immigration law does not invalidate their marriage. It is not valid for US immigration purposes, correct. 

Nepal does not allow polygamy.  

 

If he's from another country that does allow it, US law cannot invalidate that marriage in that country.  But the US does not recognize the second marriage, which in essence invalidates the second marriage in the US.

 

[Beth & Achraf 328]

7 hours ago, spikyom said:

Hello,

 

My brother got an interview on 2020 December 14 and the visa category is IR1.

 

Problems :

He did not mention about the divorce section in I-130 form and DS 260 form  as he had not divorce paper from first marriage while filing the form.

 

Will it be OK if he did not mention about the previous marriage? But this seems like a fraud so i suggested to make an official divorce paper with first marriage and update the DS 260 form.

 

Please suggest how can we update the DS 260 form as the interview appointment date is fixed. Also please text me if anyone had faced same issues like this.

 

Also please suggest how this can be handled.

 

Thank you,

 

 

He has to remarry his 2nd wife, refile the I-130  with the Final Divorce Decree of the 1st wife.

 

BUT needs to claim even the first time he married the 2nd wife, along with the 2nd time, and write an explanation of why.   Don't leave nothing out on  what occurred. Best to lay it all out on the table, then have USICS find out later.

 

  I've seen this happen a few times, and most of them got through the process with no further problems and was granted a visa.

You may want to just consult an attorney, they can assist on writing the explanation.