Invalid Marriage

[Lucky2Lucky 2,526]

Why do you keep saying “in your country” if you are a United States citizen the USA is your country so please clear that up as that adds to some confusion. On a separate note if your ex wife is torturing  your son you need to call the police.

[aaron2020 11,651]

Were you and your first wife both residing in the US when you got divorced in "your country?"  Which country is that?

 

If you were both residing in the US, then that foreign divorce is invalid.  Most if not all states requires you to divorce in the state of your residency. 

 

Since the US Government was not aware your foreign divorce was invalid, your second wife was granted her green card, ROC, and US citizenship.  Because your 2nd wife should not have been granted a green card at all since you were still legally married to your first wife, her US citizenship can be revoked and she can be deported.  

Your wife can not take your child outside the US without your permission.  Does your child have a passport?

Edited March 7, 2021 by aaron2020

[aaron2020 11,651]

59 minutes ago, Mohammed Nuruzzam said:

divorce in my country was done because marriage was done in my country as well.  USCIS/DOS didnot have any objections but now will they have any objections because State objected to the foreign divorce?  if they do, how will they know that Virginia objected to foreign divorce?

IT DOESN'T WORK THAT WAY.

 

It doesn't matter that your first marriage happened in a foreign country.  When you and your first wife reside in the US, then you must follow the laws in your state of residency on divorce.  You must file for divorce in the state where one of you lived.  Your divorce in a foreign country was invalid so that is why your first wife was able to set aside the 2014 foreign divorce and get one in Virginia in 2016.  

USCIS/DOS accepted your 2014 divorce because they DIDN'T KNOW that it was invalid because you didn't follow your state's law on divorce.  At this point, they are unlikely to know BUT if they find out, then your 2nd wife's US citizenship can be revoked and she can be deported because she never should have gotten her green card in the first place.  

[African Zealot 1,455]

USCIS or immigration or whoever is not going to revoke your wives citizenship and deport her if they do not find out. Secondly even if they find out, because there was no fraudulent intent, the worst they will do is revoke her citizenship (they have to by law, they have no discretion) where she will revert to permanent residence.

 

They will however very very likely not pursue revocation of her permanent residence (although it was unlawfully obtained) however she will/can never become a citizen. I have read a few somewhat similar cases including one about a person who became a citizen through a fraudulent marriage (Read Marco Senghors case).

 

Its in her interest to be a productive law abiding citizen/resident of the USA.

 

 

[bakphx1 789]

5 hours ago, Mohammed Nuruzzam said:

a little background:  i got divorced in my county on April 2014 and got married outside USA on September 2014.  after my second wife came to USA, my ex decided to file for divorce in USA.  When i told the court that i got divorce in my country, the court did not accept the divorce of my country and awarded my ex a divorce in 2016 from me.  Now in 2020 i am going through divorce from my current wife who by now became a US Citizen two years ago.  my current wife received the green card and citizenship through marriage with me.

 

my divorce attorney and her divorce attorney are now saying that since the court in Virginia did not accept the divorce of 2014 and gave me a divorce in 2016.  My marriage to my current wife will be invalid.  Therefore, now instead of granting me a divorce from my current wife, the court will grant me a "declaratory judgement" to invalidate the marriage to my current wife.

 

my question is, now that my current wife is a USA citizen, will USCIS revoke her citizenship and send her back to her country?  I did not know that after the state of virginia gave me a divorce, i was supposed to remarry my current wife after she came into the county.  this was a honest mistake from my side.  My current wife was aware about the divorce in USA and she also did not know that she is supposed to remarry me.  We also have a child born in USA, if she is sent back to her country, can she take the child with her back to her country without me knowing?   

The documentation passed the first time around.  I would consult with an attorney for advice but I would think it wouldn’t result in the revocation of her citizenship, short answer.

[carmel34 3,650]

It seems to me that you're over thinking this situation.  Your second, soon to be ex wife, is a US citizen and submitted all necessary documents to become such.  USCIS is a federal government agency, they have different rules and standards than state governments do.  You seem to be worried that she might have to leave the US and if that happens, she could try to take your child with her.  She could choose to do that at any point in time but that would be an international crime and would cause her more serious problems than the one you are focusing on.  I suggest that you stop worrying about her legal status in the US and make your child the priority, be a good father and offset what appears to be abuse when with the mother.  Be the best father you can be, and forget about hypothetical scenarios.  Good luck!

[Pinkrlion 2,724]

The federal vs state is not true.  USCIS states all the time for RFE for proof of Divorce in US courts when neither person lives outside of the US.  USCIS can issue a Notice of Intent to Revoke for this issue.  The burden of proof will be on your (she is not your wife) person.  

[Coco8 1,042]

Why not just get a divorce instead of trying to invalidate the marriage? It seems you are trying to get some benefit and screw her over by invalidating the marriage, when you withheld information from her. Yes, she can have her citizenship revoked and be deported, and it would be 100% your fault, because of YOU and that divorce you never told her about. The correct way to go about it would have been to get remarried and get a lawyer to the AOS/GC with USCIS. And I'd say that YOU also committed fraud with USCIS.

 

You don't seem to like her. That's fine. But you married someone, brought her to the US, and had a child. You are partly responsible of the situation. 

 

Why are so many people telling him not to worry about her and to worry about him? That's not nice. Also, we don't know the full story so it's bad advice. He doesn't sound so trustworthy either with this divorce story and keeping it quiet. Anyone should have realized the marriage was not valid since the divorce happened 2 years later.

Edited March 7, 2021 by Coco8

[Villanelle 4,122]

Ok lets back up a bit. As others have commented your post is a bit confusing so Im going to lay out a timeline based on the scattered info- please correct it if needed:

 

You are a naturalized USC. Unknown date of naturalization. 

Married  Spouse 1 in unnamed home country (Country X) Spouse 1 status as USC or LPR is unknown.

You filed for divorce in Country X in April 2014 - Spouse 1 was a resident of VA, you were a resident of ??? 

You married Spouse 2 in Country X in Sept 2014

Spouse 2 did CR visa and came to the US- filed for ROC and then n400. Is now a citizen. Dates of all this are unknown but overall process for all this to occur would be a min 3 years.

during this time Spouse 1 filed for divorce in VA in 2016. The VA court determined that your divorce in Country X was not valid because "both parties need to be living in Country X to divorce in Country X". and granted a divorce in VA 2016. With out knowing what Country is Country X no one can say if thats true. Generally its not, most places do not require both people to live there- just the person who is filing. Either way the court ordered a divorce and you are past any window to appeal such. 

Now in 2020 you are attempting to file a divorce from Spouse 2 and are being told you dont have a valid marriage to divorce. So the court is issuing (or has already issued) a declaratory judgement invalidating the marriage officially and ruling on child support and such. 

 

So heres where we are now. 3 people involved. You, Spouse 2, and your 3yr old USC child. Starting with the child- the child is a USC. Do they have a US passport? If not you can use google to find out how to put a block on your child being able to obtain one or travel if they do have one. The child may also have dual citizenship and a second foreign passport. If so (or if they obtain one) then theres nothing you can do to 'block them' from traveling on the foreign passport - the passport controls are only for US passports. If you have concern about your child being taken from the US you need to speak to the court about such. Because your child is a USC and is currently residing in VA the VA court has jurisdiction. Once a court establishes jurisdiction its very hard to get them to give it up unless both sides agree to a move. Spouse 2 can attempt to petition the court to allow her to move the child overseas but it most likely wont be granted. Heck Spouse 2 can ask for permission to move to the bordering state with the child and it most likely wont be granted (unless you want to move as well). The VA court will issue (if they havent already) a very specific judgement outlining who has physical and legal custody and where the child 'lives'. If either parent violates the order by moving the child they will face penalties. Moving the child to another country w/o permission would be consider international abduction and depending on which country is Country X (and if the child also has citizenship there) you may have a hard time getting Country X to cooperate and enforce the VA order.  Im not sure if you have actual concerns about the child being taken to Country X or are just speculating the worst case scenario on what could happen if Spouse 2 is stripped of status and leaves the US. 

 

For you. Its unknown when you naturalized. I am going to assume it was prior to 2014 in which case none of the subsequent events occurred during interactions you had (for yourself) with USCIS. So theres no issue of your case file having a benefit issued based on incorrect info.

 

Spouse 2 however does have a case file where benefits were granted incorrectly. Spouse 2 obtained a GC and subsequent citizenship based on a marriage that has since been deemed invalid. So what does that mean exactly? It means IF and its a big IF, if USCIS ever looks at her file again they will see the error. They can revoke her citizenship which reverts her back to LPR status. They can also revoke her LPR status but they may not. Many times people get stuck in a weird limbo where they are told they dont qualify for citizenship since their GC was issued incorrectly however they dont revoke the LPR status that was incorrectly issued. Its a horrible position to be in. Their choices are either to surrender the status themselves (and then if possible reapply correctly) or remain in limbo with a valid LPR status they know is incorrect and then be perpetually waiting to see if USCIS ever takes action or not. USCIS would only 'look at her file again" IF she applies for benefits for someone else in the future (a 130 for her new spouse or family member) OR if someone reports her case to them causing them to look into it. There is no central database of marriages or divorce in the US. So again for USCIS to become aware of the issue here something has to trigger them to look at her case file (a subsequent filing or report of fraud/incorrect benefit issued)

 

You say shes a 'horrible human being'  and she doesnt believe a 3yr old has 'feelings' so she is continually 'torturing him'. These are very concerning phrases to use. As @Luckycuds posted if this is true you need to report this. As a parent your number 1 job is to protect your child. Period. 

12 hours ago, Mohammed Nuruzzam said:

 hopefully, she will treat him properly in the future. 

How about you focus on making sure your child is being treated properly in the PRESENT?? I understand you are concerned about how the child may harbor resentment if she is ultimately deported but any resentment they may feel if that does happen will pale in comparison to the pain caused by you standing by silently and allowing the child to live in a toxic environment and doing nothing to stop it. 

 

[aaron2020 11,651]

1 hour ago, Coco8 said:

Why not just get a divorce instead of trying to invalidate the marriage? It seems you are trying to get some benefit and screw her over by invalidating the marriage, when you withheld information from her. Yes, she can have her citizenship revoked and be deported, and it would be 100% your fault, because of YOU and that divorce you never told her about. The correct way to go about it would have been to get remarried and get a lawyer to the AOS/GC with USCIS. And I'd say that YOU also committed fraud with USCIS.

 

You don't seem to like her. That's fine. But you married someone, brought her to the US, and had a child. You are partly responsible of the situation. 

 

Why are so many people telling him not to worry about her and to worry about him? That's not nice. Also, we don't know the full story so it's bad advice. He doesn't sound so trustworthy either with this divorce story and keeping it quiet. Anyone should have realized the marriage was not valid since the divorce happened 2 years later.

OP is an inadvertent bigamist.  He was married to two women at the same time.  He married his 2nd wife believing that he was legally divorced.

The situation is completely his fault since he failed to follow state law on divorce in his state of residency.  He though he could divorce in his home country where the marriage was entered into.  Because he and his first wife were not resident of that country but living in the US, his first wife was able to set aside the 2014 foreign divorce and get the 2016 divorce in Virginia.  

Often, men will file for divorce in their foreign home countries because foreign courts in certain countries will treat men better than women.  

[pm5k 129]

11 hours ago, aaron2020 said:

Were you and your first wife both residing in the US when you got divorced in "your country?"  Which country is that?

 

If you were both residing in the US, then that foreign divorce is invalid.  Most if not all states requires you to divorce in the state of your residency. 

 

Since the US Government was not aware your foreign divorce was invalid, your second wife was granted her green card, ROC, and US citizenship.  Because your 2nd wife should not have been granted a green card at all since you were still legally married to your first wife, her US citizenship can be revoked and she can be deported.  

Your wife can not take your child outside the US without your permission.  Does your child have a passport?

The country in question can be critical in this case.  I am not sure why the OP is not disclosing this. 

 

 

[Timona 4,208]

Since the marriage to spouse 2 has been deemed invalid and OP doesn't have any basis to divorce, I'll suggest save the $$$ you're currently wasting on a divorce attorney to "divorce her." Divorce attorney won't be able to undo what isn't there in the first place (divorce yet the marriage has been deemed invalid) UNLESS you're trying to screw your second wife by having her citizenship revoked. 

 

I'll just keep quiet about her status but block issuance of PP to child as already mentioned. Furthermore, it's to your best interest that she remains a citizen. That quickly cuts you off financial responsibility..

Edited March 7, 2021 by Timona

[aaron2020 11,651]

10 minutes ago, Timona said:

Since the marriage to spouse 2 has been deemed invalid and OP doesn't have any basis to divorce, I'll suggest save the $$$ you're currently wasting on a divorce attorney to "divorce her." Divorce attorney won't be able to undo what isn't there in the first place (divorce yet the marriage has been deemed invalid) UNLESS you're trying to screw your second wife by having her citizenship revoked. 

 

I'll just keep quiet about her status but block issuance of PP to child as already mentioned. Furthermore, it's to your best interest that she remains a citizen. That quickly cuts you off financial responsibility..

OP absolutely needs a divorce/family law lawyer to sort out this mess.  Nothing is automatic.  OP has a bigamist marriage so that is why he needs a legal judgement to untangle this mess.  Your assumption that he doesn't need a divorce attorney to undo what isn't there in the first place is completely wrong.  

[Duke & Marie 1,389]

I’m sorry, I’m still trying to work out if he was actually living in country x at the time of the divorce to his first wife? Can we confirm this? It appears that he may have been since the marriage to his second wife took place in country x just a few months later.. . 

 

if he was living there, isn’t that a totally different outcome as to validity of his first divorce and second marriage?
 

one would think i should be able to split with hubby, go home and legally divorce and remarry without having to get a second divorce in the US and or run the risk of bigamy 

[Coco8 1,042]

1 hour ago, aaron2020 said:

OP is an inadvertent bigamist.  He was married to two women at the same time.  He married his 2nd wife believing that he was legally divorced.

The situation is completely his fault since he failed to follow state law on divorce in his state of residency.  

 

Exactly! It is his fault. But also, in 2016 he found his divorce had not been valid and got a second divorce, and did not do anything about it later. Even if was an "inadvertent bigamist" in 2014, by 2016 he should have realized that he had been a bigamist for 2 years. 

 

Now, OP is trying to blame his wife. I do not know her and maybe she is not nice, however, whatever she has done is small potatoes compared to this. I don't really believe anything he is saying about her.

Edited March 7, 2021 by Coco8