Regarding divorce certificate dated after marriage certificate

[Crazy Cat 42,557]

5 minutes ago, Evetskomplitz said:

K1 and K2 visas will take you and your children to the US easily. If the child/children for your US citizen are his biological children and his name appeared on the birth certificate he can register their birth with the US embassy in your country and get their international passport. Your case isn’t a bad one and you just need to do what I advised and you will be good. You can also consult a lawyer in Morocco is you are unsure about my advice generally.

Ever heard of being "too married for a K1"?  It sometimes happens in cases like this where the couple has been in a local  traditional marriage relationship.  

Edited December 30, 2020 by Lucky Cat

[Evetskomplitz 6]

@Lucky Cat K1 is for a single person to travel to US and get married to his/her partner within 90 days of entry. K2 will make the children of K1 travel with K1. The. Problem here is that there is no marriage as opined by the US authority. The marriage certificate is worthless and it requires no divorce since there is no marriage ab initio. The two options available for her are simply 1. A new marriage or 2. Fiancé Visa (K1). Every lawyer would advise same.

[Hanan ela 2]

17 minutes ago, Evetskomplitz said:

Now this is the final advice I have for you. 
1. The marriage certificate of you and your husband will never be accepted in most other countries where they operate common laws.

2. You should remarry to your husband in your country of origins being Morocco and continue your immigration application with this new marriage certificate.

3. You can marry the same husband and the same wife in many countries of your choice provider you meet the requirements of the marital laws in that state and also your marriage will always remain valid as long as it is not a marriage with another woman or another man which will amount to a bigamy.

 

in conclusion, as a citizen of Morocco, you have the locus to marry in your country any man of your choice. Your present marriage certificate will not be needed in Morocco but once you are married in Morocco it means the marital laws in Morocco will start to govern your marriage.

 

however, you can also apply for a K1 visa to enable you travel and meet your husband for a new marriage with your hubby in the USA.

I asked a lawyer in usa this is what he said 

Everything is based on at the time the application was filed – at the time of the application, you were not legally married, so this application will be denied and you may have a mark on your record of making a material misrepresentation which would bar you from immigrating to the US – hence why you may need a waiver of inadmissibility for the misrepresentation.""

[Crazy Cat 42,557]

3 minutes ago, Evetskomplitz said:

@Lucky Cat K1 is for a single person to travel to US and get married to his/her partner within 90 days of entry. K2 will make the children of K1 travel with K1. The. Problem here is that there is no marriage as opined by the US authority. The marriage certificate is worthless and it requires no divorce since there is no marriage ab initio. The two options available for her are simply 1. A new marriage or 2. Fiancé Visa (K1). Every lawyer would advise same.

I have been around here for quite a while.  I am perfectly clear on what a K1 is......As I said, sometimes couples are "too married for a K1".......

[Evetskomplitz 6]

Seriously 

3 minutes ago, Hanan ela said:

I asked a lawyer in usa this is what he said 

Everything is based on at the time the application was filed – at the time of the application, you were not legally married, so this application will be denied and you may have a mark on your record of making a material misrepresentation which would bar you from immigrating to the US – hence why you may need a waiver of inadmissibility for the misrepresentation.""

seriously and in my own opinion, UAE is a sovereign state. She decides the laws that is best for her citizenry. If it is true, because I do not know if such marriage is valid in the state, that the marriage for which you presented the certificate is tenable in court I will advice that you swear to an affidavit on oath with depositions that the marriage was in good faith and not any form of misrepresentation, that irrespective of conclusion of the divorce proceedings as at that time of your marriage, such inconclusive marriage dissolution does not invalidate your marriage. This affidavit should be uploaded and also another marriage from your country should be uploaded as well. The US embassy in the UAE knows the prostitution of matrimonial causes in the state. It is not new to them but it is better that you put your record straight before any issue comes up. There is a way you can upload additional documents while your case is still being treated by USCIS. You may pass my information to the lawyer you have spoken with for further advice. Thanks I think I am done now. Good luck 

[Evetskomplitz 6]

9 minutes ago, Lucky Cat said:

I have been around here for quite a while.  I am perfectly clear on what a K1 is......As I said, sometimes couples are "too married for a K1".......

Sir, can you explain better what you mean couple are “TOO MARRIED FOR A K1”. Pls I want further clarification concerning the use of the word “Too” in that context. Thanks 

[Hanan ela 2]

6 minutes ago, Evetskomplitz said:

Seriously 

seriously and in my own opinion, UAE is a sovereign state. She decides the laws that is best for her citizenry. If it is true, because I do not know if such marriage is valid in the state, that the marriage for which you presented the certificate is tenable in court I will advice that you swear to an affidavit on oath with depositions that the marriage was in good faith and not any form of misrepresentation, that irrespective of conclusion of the divorce proceedings as at that time of your marriage, such inconclusive marriage dissolution does not invalidate your marriage. This affidavit should be uploaded and also another marriage from your country should be uploaded as well. The US embassy in the UAE knows the prostitution of matrimonial causes in the state. It is not new to them but it is better that you put your record straight before any issue comes up. There is a way you can upload additional documents while your case is still being treated by USCIS. You may pass my information to the lawyer you have spoken with for further advice. Thanks I think I am done now. Good luck 

Thank u for ur answers and for ur time i appreciate that 🙏

[Crazy Cat 42,557]

8 minutes ago, Evetskomplitz said:

Sir, can you explain better what you mean couple are “TOO MARRIED FOR A K1”. Pls I want further clarification concerning the use of the word “Too” in that context. Thanks 

There have been cases where the couple was living together or had gone through traditional ceremonies, but not completely legal marriages.  In other words, they were not really in a fiance/fiance relationship.  The Consulate Officer deemed them "too married for a K-1"......thus requiring the couple to OFFICIALLY marry and start the CR-1 process.  I am only saying, it has happened more than once.  

Edited December 30, 2020 by Lucky Cat

[Evetskomplitz 6]

2 minutes ago, Lucky Cat said:

There have been cases where the couple was living together or had through traditional ceremonies, but not completely legal marriages.  In other words, they were not really in a fiance/fiance relationship.  The Consulate Officer deemed them "too married for a K-1"......thus requiring the couple to OFFICIALLY marry and start the CR-1 process.  I am only saying, it has happened more than once.  

Thanks for adding to my knowledge.

[Crazy Cat 42,557]

6 minutes ago, Evetskomplitz said:

Thanks for adding to my knowledge.

I'm sure others can explain it better than I.   @Orangesapples

Edited December 30, 2020 by Lucky Cat

[Orangesapples 1,954]

22 minutes ago, Lucky Cat said:

I'm sure others can explain it better than I.   @Orangesapples

I actually don't know much about this, only what others have said so far. 

[Boiler 46,261]

1 hour ago, Evetskomplitz said:

K1 and K2 visas will take you and your children to the US easily. If the child/children for your US citizen are his biological children and his name appeared on the birth certificate he can register their birth with the US embassy in your country and get their international passport. Your case isn’t a bad one and you just need to do what I advised and you will be good. You can also consult a lawyer in Morocco is you are unsure about my advice generally.

They have US passports and best to read the whole thread.

[SalishSea 18,219]

11 hours ago, Hanan ela said:

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

Nope.  Bigamy is not legal in any US state.  You cannot marry someone while they are still married.  You need to marry and refile.

[SalishSea 18,219]

4 hours ago, Evetskomplitz said:

Any marriage conducted by a constituted authority can always be recognized by US government irrespective of your domicile or citizenship country. 

Except in the case of bigamy or polygamy, such as this.  Any marriage that would not be legal in the US is not legal for US immigration purposes.

[SalishSea 18,219]

3 hours ago, Evetskomplitz said:

K1 and K2 visas will take you and your children to the US easily. If the child/children for your US citizen are his biological children and his name appeared on the birth certificate he can register their birth with the US embassy in your country and get their international passport. Your case isn’t a bad one and you just need to do what I advised and you will be good. You can also consult a lawyer in Morocco is you are unsure about my advice generally.

OP has already stated that her children are US citizens.  They don't need visas.