Regarding divorce certificate dated after marriage certificate

[SalishSea 18,225]

3 hours 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 

Very easy to search here on VJ and find loads of cases where this has happened, many of them from your own country.  People have engagements or other ceremonies in their home country, and the K-1 is denied because they are no longer 'free to marry.'

[aaron2020 11,651]

Hi,

 

A K-1 fiancee visa will not work since the OP was legally married in the UAE.

 

US law does not recognize bigamist/polygamist marriages for immigration.  The marriage is not void or illegal.  It's legal.  It just can't be used to immigrate to the US.  

OP needs to get a divorce to dissolve her current marriage which is legal since it was legal in the UAE.  She then needs to remarry where both she and her husband are single.  Then she can apply for a CR-1 spousal visa.  

This is NOT A DO-IT-YOURSELF case.  Get a good US Immigration lawyer who is familiar with Morocco and dealing with bigamist/polygamist situations.  

 

Best of luck.  

Edited December 31, 2020 by aaron2020

[David and Anna 118]

good grief.  This is a matter for a professional, competent, experienced immigration attorney.  You will get all sorts of answers on the interweb, none of which you can rely on. Don't waste your time asking us, get a referral to an attorney who can help you.

[NigeriaorBust 4,087]

  Being too married for a K1 happens in Nigeria frequently when bride price has been paid.   

 

   As to being a second  wife.  If you married somewhere where both marriages could coexist and your husband has terminated the old one you may not need to be remarried.  The key would be were both marriages able to co exist where you lived at the time.   The US will never recognize the second marriage while the first one exists so the filing while the first one existed is the issue.   At that time you were in an invalid position.    

[Boiler 46,276]

12 hours 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

Some posters may have missed this.

[NikLR 13,232]

45 minutes ago, Boiler said:

Some posters may have missed this.

Sounds like her marriage wasn’t legal to begin with. 

[Mollie09 1,543]

8 hours ago, NikLR said:

Sounds like her marriage wasn’t legal to begin with. 

Seems like this makes it easier to clear up in Morocco then

[Evetskomplitz 6]

 

In addition to my earlier suggestions stated on this thread and having re-read the posting. Since the refusal was raised at the interview, the Immigrant Visa Applicants can apply for a waiver as advised by the lawyer earlier. You need to also show that the misrepresentation of material facts isn’t willful and no intent to defraud. Therefore, the affidavit of facts earlier suggested and a new valid marriage after the divorce can be mailed along with Form I-601, Application for Waiver on Grounds of Inadmissibility, directly to a U.S. Citizenship and Immigration Services (USCIS) Lockbox facility.

 

Options: 

1. To apply for a waiver on grounds of in admissibility Form I-601 takes 4-6 months to be processed but at the end issues May crop up again. This costs almost a thousand dollars.

2.The fee is quite higher than the fee of normal I-130 petition for alien. I will suggest you need to marry as soon as possible since your earlier marriage before divorce is void. Thereafter,  you can file a fresh petition for alien as well as K3 visa which will make you go and join your hubby on time.

 

 

 

 

[Boiler 46,276]

6 minutes ago, Evetskomplitz said:

 

In addition to my earlier suggestions stated on this thread and having re-read the posting. Since the refusal was raised at the interview, the Immigrant Visa Applicants can apply for a waiver as advised by the lawyer earlier. You need to also show that the misrepresentation of material facts isn’t willful and no intent to defraud. Therefore, the affidavit of facts earlier suggested and a new valid marriage after the divorce can be mailed along with Form I-601, Application for Waiver on Grounds of Inadmissibility, directly to a U.S. Citizenship and Immigration Services (USCIS) Lockbox facility.

 

Options: 

1. To apply for a waiver on grounds of in admissibility Form I-601 takes 4-6 months to be processed but at the end issues May crop up again. This costs almost a thousand dollars.

2.The fee is quite higher than the fee of normal I-130 petition for alien. I will suggest you need to marry as soon as possible since your earlier marriage before divorce is void. Thereafter,  you can file a fresh petition for alien as well as K3 visa which will make you go and join your hubby on time.

 

So when applying for a spousal visa and you are refused because you are not actually married you can still get your visa by submittinging a waiver.

 

Interesting. 

[Crazy Cat 42,563]

26 minutes ago, Evetskomplitz said:

the Immigrant Visa Applicants can apply for a waiver

I don't understand.  Exactly what kind of a waiver would apply here?  How does a wavier overcome the need for a valid, legal marriage?

Edited December 31, 2020 by Lucky Cat

[Crazy Cat 42,563]

18 minutes ago, Evetskomplitz said:

Thereafter,  you can file a fresh petition for alien as well as K3 visa which will make you go and join your hubby on time.

Do you know how many K-3 visas were approved last year?  Only 5 were issued in 2019....world-wide.   K-3 visas are obsolete........and far, far inferior to a CR-1.

[SalishSea 18,225]

2 hours ago, Evetskomplitz said:

 

In addition to my earlier suggestions stated on this thread and having re-read the posting. Since the refusal was raised at the interview, the Immigrant Visa Applicants can apply for a waiver as advised by the lawyer earlier. You need to also show that the misrepresentation of material facts isn’t willful and no intent to defraud. Therefore, the affidavit of facts earlier suggested and a new valid marriage after the divorce can be mailed along with Form I-601, Application for Waiver on Grounds of Inadmissibility, directly to a U.S. Citizenship and Immigration Services (USCIS) Lockbox facility.

 

Options: 

1. To apply for a waiver on grounds of in admissibility Form I-601 takes 4-6 months to be processed but at the end issues May crop up again. This costs almost a thousand dollars.

2.The fee is quite higher than the fee of normal I-130 petition for alien. I will suggest you need to marry as soon as possible since your earlier marriage before divorce is void. Thereafter,  you can file a fresh petition for alien as well as K3 visa which will make you go and join your hubby on time.

 

 

 

 

More bad advice not based in anything factual.

[Hanan ela 2]

Thanks for all replies  i want to know .lets say i devorced and marry again and fill new application how can i justify the first application 

[Lemonslice 4,989]

20 minutes ago, Hanan ela said:

Thanks for all replies  i want to know .lets say i devorced and marry again and fill new application how can i justify the first application 

That is a good question for your lawyer.

[Mollie09 1,543]

5 hours ago, Hanan ela said:

Thanks for all replies  i want to know .lets say i devorced and marry again and fill new application how can i justify the first application 

I would clarify to the Moroccan authorities that your marriage wasn't even valid according to Islamic law to begin with and go from there. But definitely lawyer time.