Need your advice

[duneshines 0]

I am planning to move to the US with my partner of 10 years/husband of 4. I've been overseas all this time we've been together and just recently got back to the US to handle some business. I've been coming and going for a couple of years now - but I've mostly been here. My husband is in the UK.

 

I'm originally from Australia and became a US citizen more than 30 years ago through my first husband. We separated in 1997. I met someone a few years later and we were together (common law) for 8 years, also in the US, for the most part. We have children together.

 

My concern at the moment, which I haven't thought about until now, is that I have never filed for a divorce from my first husband. We didn't get married in the US so I guess I - admittedly due to ignorance - never thought that I had to file for a divorce in the US. I still not sure tbh.

 

My husband and I have been living together for 10 years and had a civil marriage 4 years ago. I registered the marriage at the US embassy at the time. We also file our taxes jointly.

 

Considering the above, will there be any problems getting my husband here on a CR1/IR1?

 

Thank you so much for any feedback.

 

[Boiler 46,216]

Well you did not get married anywhere, so basically you have 2 options,  K1 or CR1 but first of course you need to get divorced.

[Adventine 3,214]

Could you please clarify if I have understood your timeline correctly?

 

Husband #1: 

Married overseas but never registered marriage in the US

You became a naturalized US citizen through this marriage

Separated but not divorced in 1997

 

Husband#2:

You had a civil marriage in 2016 without formally divorcing your first husband?

 

 

 

Edited January 4, 2021 by Adventine

[Crazy Cat 42,471]

7 minutes ago, Boiler said:

Well you did not get married anywhere, so basically you have 2 options,  K1 or CR1 but first of course you need to get divorced.

What about the first marriage?  Never divorced.

[Boiler 46,216]

1 minute ago, Lucky Cat said:

What about the first marriage?  Never divorced.

Well she said she never divorced the first one so could not have married the second.

[Marieke H 2,523]

You got your citizenship through your first husband, so USCIS already has records of your first marriage. You will be required to submit evidence that your first marriage has ended when you petition for your current husband. 

 

So you didn't file for a divorce from your first husband at all? Or just not in the US? 

[Boiler 46,216]

Quote

My concern at the moment, which I haven't thought about until now, is that I have never filed for a divorce from my first husband.

 

All we can go by is what she posted.

[Crazy Cat 42,471]

25 minutes ago, duneshines said:

I am planning to move to the US with my partner of 10 years/husband of 4. I've been overseas all this time we've been together and just recently got back to the US to handle some business. I've been coming and going for a couple of years now - but I've mostly been here. My husband is in the UK.

 

I'm originally from Australia and became a US citizen more than 30 years ago through my first husband. We separated in 1997. I met someone a few years later and we were together (common law) for 8 years, also in the US, for the most part. We have children together.

 

My concern at the moment, which I haven't thought about until now, is that I have never filed for a divorce from my first husband. We didn't get married in the US so I guess I - admittedly due to ignorance - never thought that I had to file for a divorce in the US. I still not sure tbh.

 

My husband and I have been living together for 10 years and had a civil marriage 4 years ago. I registered the marriage at the US embassy at the time. We also file our taxes jointly.

 

Considering the above, will there be any problems getting my husband here on a CR1/IR1?

 

Thank you so much for any feedback.

 

You will have to have documentation for the legal termination of your first marriage.  Until you have that, you are stalled.  In addition, if you never divorced husband #1, then you are not legally married to your current "husband".

[Marieke H 2,523]

25 minutes ago, duneshines said:

We didn't get married in the US so I guess I - admittedly due to ignorance - never thought that I had to file for a divorce in the US.

This made me wonder if she just didn't file for divorce in the US, but did file for divorce elsewhere. 

 

Just making sure we understand the situation, as it would make a huge difference. 

[Adventine 3,214]

So she married Husband #1 (USC) outside the United States, separated but never formally divorced?

 

And then she married Husband #2 (UK citizen), presumably in some other country that recognizes civil marriages and did not have any kind of requirement to prove previous marriages were terminated?

 

At least that is what I got. It would really help if OP clarified.

[Boiler 46,216]

UK does not have a registry, you just state you are free to marry. They do not keep track elsewhere.

[duneshines 0]

Sorry for the confusion. I didn't file for a divorce "in the US", but did where we got married. It was divorce in absentia. I don't have the papers to prove it though. I lost them.

I left the country a long time ago and haven't been there since. Another thing maybe worth mentioning is that my first husband also remarried, in the US.

 

So...

 

1) Is a foreign divorce accepted?

 

2) If yes, then is there any other solution besides traveling to get the papers? That's going to be bpporderline impossible for a host of reasons...one of which is the pandemic/lockdown.

 

3) If I just file for divorce now, would my current marriage count?

 

4) Since my ex remarried, he must have gotten a divorce in absentia.
Wouldn't that mean I would have automatically been divorced? Is so, how can I find out if I ia considered divorced in the US?

 

Thanks again everyone!

Edited January 4, 2021 by duneshines

[Marieke H 2,523]

A foreign divorce is fine, as long as you have proof that you are divorced. 

 

In which country did you get divorced? Many places offer online services to request divorce papers.

[mushroomspore 3,044]

9 minutes ago, duneshines said:

Sorry for the confusion. I didn't file for a divorce "in the US", but did where we got married. It was divorce in absentia. I don't have the papers to prove it though. I lost them.

I left the country a long time ago and haven't been there since. Another thing maybe worth mentioning is that my first husband also remarried, in the US.

 

So...

 

1) Is a foreign divorce accepted?

 

2) If yes, then is there any other solution besides traveling to get the papers? That's going to be bpporderline impossible for a host of reasons...one of which is the pandemic/lockdown.

 

3) If I just file for divorce now, would my current marriage count?

 

4) Since my ex remarried, he must have gotten a divorce in absentia.
Wouldn't that mean I would have automatically been divorced? Is so, how can I find out if I ia considered divorced in the US?

 

Thanks again everyone!

You cannot move forward with USCIS until and unless you have the official divorce papers.

[Crazy Cat 42,471]

10 minutes ago, duneshines said:

Sorry for the confusion. I didn't file for a divorce "in the US", but did where we got married. It was divorce in absentia. I don't have the papers to prove it though. I lost them.

I left the country a long time ago and haven't been there since. Another thing maybe worth mentioning is that my first husband also remarried, in the US.

 

So...

 

1) Is a foreign divorce accepted?

 

2) If yes, then is there any other solution besides traveling to get the papers? That's going to be bpporderline impossible for a host of reasons...one of which is the pandemic/lockdown.

 

3) If I just file for divorce now, would my current marriage count?

 

4) Since my ex remarried, he must have gotten a divorce in absentia.
Wouldn't that mean I would have automatically been divorced? Is so, how can I find out if I ia considered divorced in the US?

 

Thanks again everyone!

Bottom line:  You are going to need documentation of legal termination of marriage #1.

 

1.  Yes, if by a legal authority.

2.  Depends on the procedures for that authority.

3.  Nope.

4.  Nope.