Regarding divorce certificate dated after marriage certificate

[Hanan ela 2]

At my IR1 visa interview  I was told that there is an issue with regards to my husband's previous marriage. My husband and I got married whilst he wasnt officially divorced. We were living in the Emirates and according to their law he was divorced (Islamically). His ex wife's whereabouts were unknown after she fled the matrimonial home leaving behind two kids. So the official divorce was delayed until she showed up again in the Emirates.
We have been married for 8 years and I have two children, a boy and a girl with my husband and the current situation is that my husband and his two children from the previous marriage including our daughter are residing in the USA. . Myself and my son are currently in my home country of Morocco. 

And we are no longer resident in uae
I am unclear where I stand in this situation and what my options are. any sensible advice would be welcome, thank you.

Is there any other options  rathar than divorce and marry again

Edited December 30, 2020 by Hanan ela

[Boiler 46,261]

You could go the K1 route theoretically but may well fall into the too married category.

[Hanan ela 2]

 

33 minutes ago, Boiler said:

You could go the K1 route theoretically but may well fall into the too married category.

K1 is for fiance visa. I am already married so im unclear about your answer and what you mean?

Thank you

Edited December 30, 2020 by Hanan ela

[Boiler 46,261]

I thought the problem is that you are not married, well in a US sense. Sounds like the marriage was polygamous?

[JeanneAdil 6,696]

He was offically divorced in UAE after you married and your marriage would not be legal to US as that  is bigamy 

so, you can't divorce as you are not married (according to US laws) , but need to marry now

either go the K1 route or marry and go CR1

if your son is his and he was a USC then go the route to declare this and get his US passport

 

[Boiler 46,261]

1 minute ago, JeanneAdil said:

He was offically divorced in UAE after you married and your marriage would not be legal to US as that  is bigamy 

so, you can't divorce as you are not married (according to US laws) , but need to marry now

either go the K1 route or marry and go CR1

if your son is his and he was a USC then go the route to declare this and get his US passport

 

K1 Morocco in this situation, not sure how advisable that would be.

[JeanneAdil 6,696]

5 minutes ago, Hanan ela said:

 

K1 is for fiance visa. I am already married so im unclear about your answer and what you mean?

Thank you

What Boiler is saying is US would not recognize your marriage as we are not governed by Islamic laws

so,  you can live together in an Arabic country or follow thru and marry now

[Hanan ela 2]

5 minutes ago, JeanneAdil said:

He was offically divorced in UAE after you married and your marriage would not be legal to US as that  is bigamy 

so, you can't divorce as you are not married (according to US laws) , but need to marry now

either go the K1 route or marry and go CR1

if your son is his and he was a USC then go the route to declare this and get his US passport

 

All kids have US passport 

[JeanneAdil 6,696]

4 minutes ago, Boiler said:

K1 Morocco in this situation, not sure how advisable that would be.

He obviously did not have permission from 1st wife to marry (as she had abondoned the home) so  Islam would not recognize this marriage either (discretion of the CO) and Moroccan laws 

According to Islam ,  you have to have permission from 1st wife for a man to take on a 2nd

Edited December 30, 2020 by JeanneAdil

[Hanan ela 2]

3 minutes ago, JeanneAdil said:

He obviously did not have permission from 1st wife to marry (as she had abondoned the home) so  Islam would not recognize this marriage either (discretion of the CO) and Moroccan laws 

According to Islam ,  you have to have permission from 1st wife for a man to take on a 

So what do u think i need to do now

[Boiler 46,261]

4 minutes ago, JeanneAdil said:

He obviously did not have permission from 1st wife to marry (as she had abondoned the home) so  Islam would not recognize this marriage either (discretion of the CO) and Moroccan laws 

According to Islam ,  you have to have permission from 1st wife for a man to take on a 2nd

Spending a year whatever on a K1 and rolling that dice, think marrying would be a better option and going CR1.

 

[JeanneAdil 6,696]

Fatawa is the Islamic law governing this

if the first wife does not want to accept the 2nd ,,, she can divorce

[JeanneAdil 6,696]

1 minute ago, Hanan ela said:

So what do u think i need to do now

the Us embassy says there is a problem with the divorce so  the CO is not accepting your marriage as bona fida

you need to marry either in Morocco or he can apply for the K1 and you marry here

this decision has already been made by the CO at your interview

[Boiler 46,261]

1 minute ago, JeanneAdil said:

Fatawa is the Islamic law governing this

if the first wife does not want to accept the 2nd ,,, she can divorce

Well he divorced so do not they just not need to marry legally?

[Hanan ela 2]

2 minutes ago, JeanneAdil said:

the Us embassy says there is a problem with the divorce so  the CO is not accepting your marriage as bona fida

you need to marry either in Morocco or he can apply for the K1 and you marry here

this decision has already been made by the CO at your interview

The poblem to marry again u need certificate that u are free to marry and u cant get this in Morocco bcz the local office knows that im married