Invalid Marriage

[Coco8 1,042]

15 hours ago, Mohammed Nuruzzam said:

my second wife had 2 years conditional green card then i filed to remove condition.  After the third year, i filed for her citizenship.  USCIS did accept the foreign divorce but Virginia did not.  we were assuming that since USCIS is federal and they accepted the foreign divorce, whatever the state says is not an issue.  

 

Was removal of conditions done BEFORE or AFTER the divorce in VA? I'm guessing citizenship was for sure done AFTER divorce, which means that OP hid information from wife, gave her wrong paperwork, which then meant that there was fraud. Also, the fact that he says "HE" filed for her, makes more clear his involvement. Yes, she requested citizenship, but she did not know about any of this issues.

 

 

[pm5k 129]

18 hours ago, Duke & Marie said:

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 

OP is leaving out crucial details, such as where he was living at the time of divorce, etc.  The country of origin is another crucial piece of evidence that has not been mentioned. 

[Mohammed Nuruzzam 3]

On 3/6/2021 at 10:48 PM, 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?   

thank you all for great questions and comments.  i am currently in touch with an immigration attorney and waiting for him to let me know what needs to be done.  if this thread still open, i will let you all know what was the outcome and advice from the attorney.

[pm5k 129]

On 3/7/2021 at 3:03 AM, bakphx1 said:

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.

I was thinking the same.  The foreign divorce was acknowledged by USCIS when he filed for his second wife.