Regarding divorce certificate dated after marriage certificate

[Evetskomplitz 6]

4 minutes ago, Hanan ela said:

I pass the interview stage and my case in in administrative process 

In this case I will advise you just to wait for the outcome and not further complicate issues with a new marriage.

[Hanan ela 2]

2 minutes ago, Evetskomplitz said:

In this case I will advise you just to wait for the outcome and not further complicate issues with a new marriage.

The lady who interviewed me she told me i can devorce and marry again and fix this situation and all this through same application. The broblem all this was verbally and when u comeout from embassy u cant contact or ask for information its very confusing 

[Boiler 46,276]

19 minutes ago, aaron2020 said:

That's incorrect advice.

 

OP has already had an I-130, DS-260, and an IR-1 interview.  The US Embassy has her UAE marriage certificate and her husband's divorce certificate.  They know that he was not divorced when they got marry.  That was why her immigration visa was denied.  

 

With the new marriage certificate, how does OP overcome the fact that she needs to disclose prior marriages and provide documents?  If she fail to disclose facts and documents that the US Embassy already has, she would be committing fraud by omission that is EASY for them to prove. 

Well I am not familiar with the laws in UAE or Morocco so I am taking what has been said as gospel

 

She is married legally in UAE, but not recognised in Morocco or the US.

 

So once she has married as recognised by US, after all that is what really matters then her Husband will be able to file for her.

 

I might want to take advise as to how to declare the UAE marriage as it was a marriage but not one recognised by the US so I am not sure, my inclination would be to declare it and point out that it is not like many other marriage ceremonies a legal one in a US context.

 

At least 2 Lawyers have been consulted so far.

 

 

[Evetskomplitz 6]

@Hanan ela if I can remember in the past discussion, you stated that your husband already have a divorce certificate. And your marriage precedes the divorce certificate. Am I correct? 

[Hanan ela 2]

5 minutes ago, Evetskomplitz said:

@Hanan ela if I can remember in the past discussion, you stated that your husband already have a divorce certificate. And your marriage precedes the divorce certificate. Am I correct? 

Yes he have devorce  certificate just its dated after ower marriage certificate 

[Lemonslice 4,989]

2 hours ago, Hanan ela said:

The marriage not in Morocco  it was in emarat the law there is different 

How did you live together in Morocco, maritally, if you were not considered married?

 

 

You've been advised multiple times to contact a lawyer and follow their advice.  @Jeanne Adil
  might have some to recommend.

[Lemonslice 4,989]

3 minutes ago, Hanan ela said:

Yes he have devorce  certificate just its dated after ower marriage certificate 

That's your problem. 

[Hanan ela 2]

14 minutes ago, Lemonslice said:

That's your problem. 

Yes its my problem 

[Evetskomplitz 6]

6 minutes ago, Hanan ela said:

Yes its my problem 

 

1 hour ago, Evetskomplitz said:

 

1 hour ago, Hanan ela said:

I pass the interview stage and my case in in administrative process 

 

Pls how long will the administrative process last? You need to know the time frame if it will allow you the opportunity to marry again ana still file within the same application. Pls answer how long will the administrative process last? 

 

[Hanan ela 2]

48 minutes ago, Evetskomplitz said:

 

 

I dont know but the interview  was18 December. And they told me they are going to call my husband but no one call

[aaron2020 11,651]

2 hours ago, Boiler said:

Well I am not familiar with the laws in UAE or Morocco so I am taking what has been said as gospel

 

She is married legally in UAE, but not recognised in Morocco or the US.

 

So once she has married as recognised by US, after all that is what really matters then her Husband will be able to file for her.

 

I might want to take advise as to how to declare the UAE marriage as it was a marriage but not one recognised by the US so I am not sure, my inclination would be to declare it and point out that it is not like many other marriage ceremonies a legal one in a US context.

 

At least 2 Lawyers have been consulted so far.

 

 

Where are you getting that her marriage is not recognized in the US?

 

If her marriage was not recognized by the US, then how did her husband get an approved I-130 for a spouse and she had an IR-1 spousal interview?

 

The US recognizes her marriage because it was legal in the UAE where it was performed.  Polygamous marriages are allowed in the UAE.  That's how the I-130 got approved and she ended up with a IR-1 interview, they are legally married.  The problem is that US immigration laws does not allow immigration benefits to a second spouse in polygamous marriages.
 

Edited January 14, 2021 by aaron2020

[Boiler 46,276]

Her Husband did not divorce until after the UAE marriage.

 

Presumably the dates were not picked up.

 

I thought US did not recognize polygamous marriages at all. 

[aaron2020 11,651]

Just now, Boiler said:

Her Husband did not divorce until after the UAE marriage.

 

Presumably the dates were not picked up.

 

I thought US did not recognize polygamous marriages at all. 

There is a difference between recognizing a marriage as legal and getting an immigration benefit.

 

Similar to being able to adopt your relative in your home country and getting an immigration benefit for that adopted child. 

[aaron2020 11,651]

https://lawcat.berkeley.edu/record/1122267/files/fulltext.pdf

 

Read this.  Second Wives' Club: Mapping the Impact of Polygamy in U.S. Immigration Law

 

"The fact that a polygamous marriage will not be recognized as valid for immigration purposes . . . "  

Not recognized as valid for immigration purposes DOES NOT MEAN that the marriage is not recognized at all. 

[aaron2020 11,651]

Consulting two lawyers is not enough.

 

I don't consult my doctor and then try to treat myself.  

 

OP needs to HIRE a competent US immigration lawyer to GUIDE her through the process properly.  

My guess is that her current marriage which was entered into as a second polygamous marriage needs to be dissolved.  Then she needs to marry again where both parties are NOT entering into a polygamous marriage.  

Edited January 14, 2021 by aaron2020