Past marriage predicament...solution?

[Purplehues 0]

My husband and I have been married for 9 years (civilly for 3). We met abroad and have been living abroad together ever since. I registered(?) the marriage at the US embassy when we had the legal marriage.

 

Before my husband, I was with someone else. And before that I was with my first husband, whom I became a US citizen through. We separated over 20 years ago. He remarried right after we split and I assumed that would mean that we were legally divorced. I'm just now learning that that might not necessarily be the case.

 

Also, it might be worth mentioning that my marriage to my husband now was a (legal) religious marriage of a religion which does not, by law, recognize any marriage that occurred prior to one's conversion to it. That means my first marriage was automatically null (divorced) when I took up my new faith.

 

Now I'm back in the US and would like to petition an IR1 visa for my husband. One of the conditions for an IR1 visa is having been married over 2 years, which we have. However, we might(?) be required to show a copy of a divorce decree from my first husband.

 

I could file for divorce now, but I heard it would still mean that our current marriage would not be accepted, since it would then mean that it took place while I was still married. If that's the case, then due to circumstances (some of which are beyond our control), it is not feasible for us to go through the required two divorces and a re-marriage, and also no longer being eligible for IR1 or CR1.

 

Is there anything that could be done about this?

 

Thank you for any point in the right direction!

 

[Boiler 45,553]

You are divorced or you are not.

 

If you are not then to marry you need to get divorced. Proof of divorce is absolutely required.

 

 

 

 

 

[Pinkrlion 2,724]

Also, it might be worth mentioning that my marriage to my husband now was a (legal) religious marriage of a religion which does not, by law, recognize any marriage that occurred prior to one's conversion to it. That means my first marriage was automatically null (divorced) when I took up my new faith.

 

This does not apply to US laws of DOM, you were not free to marry, so there is no immigration benefit to obtain for your second (husband).  Legally he is not your husband.  

Edited August 8, 2021 by Pinkrlion

[African Zealot 1,455]

It is actually quite simple. Clearly from what you’re saying you committed bigamy in the eyes of the USA 🇺🇸 albeit inadvertently. What that other religion (the one which does not recognize any marriage that occurred prior to one's conversion to it) thinks is irrelevant to the USA 🇺🇸. The USA has its own rules.

 

You need to get divorced in a manner acceptable to the USA 🇺🇸, and then get remarried then apply. There’s no shortcut or forgiveness for your ignorance (I use the word without disrespect). I see no nunc pro tunc avenue available in this case.

 

Sorry.

Edited August 8, 2021 by African Zealot

[JeanneAdil 6,514]

How did former husband marry right after you split if he did now divorce?

you need to contact him and/or county records to see if a divorce happened and get copies of any divorce papers that might exist

If not divorced,  then do so

then file for K1 if you can not make arrangements at this time to marry the "new" partner

you are going to have to provide divorce papers from former husband or forget applying for visa 

 

In the USA 

Marriage is chiefly regulated by the states. The Supreme Court has held that states are permitted to reasonably regulate the institution by prescribing who is allowed to marry and how the marriage can be dissolved.   so,  if you legally married here and did not legally divorce ,   you are still married according to laws in the US

[Pinkrlion 2,724]

 it is not feasible for us to go through the required two divorces and a re-marriage, and also no longer being eligible for IR1 or CR1.

 

You already know what you need to do.

 

I agree to make sure that there are no records of divorce.  You are not the first person where the spouse told them they divorced them, and in actuality it never happened,  

Edited August 8, 2021 by Pinkrlion

[SusieQQQ 11,586]

7 minutes ago, JeanneAdil said:

How did former husband marry right after you split if he did now divorce?

Yes, this. Why do you since think there wasn’t a divorce? You need to get hold of him to get a copy of  a divorce record or confirm there was no divorce. If there was indeed a divorce you can’t divorce him again, either. You need to find out for sure, because you will need to present a divorce certificate for that marriage. 
 

 

Edited August 8, 2021 by SusieQQQ

[JeanneAdil 6,514]

BTW what religion would not recognize a former marriage ?

i have searched and can not find any

 

https://www.divorcenet.com/resources/divorce-and-religion.html

 

Edited August 8, 2021 by JeanneAdil

[Boiler 45,553]

More interesting why did you marry someone when you did not know if there had been a divorce.

 

I am sort of intrigued as to what Religion this could be as I have come across some odd stuff but not this. Does not really matter.

[SusieQQQ 11,586]

9 minutes ago, JeanneAdil said:

BTW what religion would not recognize a former marriage ?

i have searched and can not find any

 

https://www.divorcenet.com/resources/divorce-and-religion.html

 

Also curious but it’s not really relevant to the case other than causing a headache for OP who seems to have believed that custom would prevail in the US. US immigration law recognizes marriage as legal where performed unless it is contrary to US public policy. However this stipulation also notes “Any prior marriage, of either party, must be legally terminated before the later marriage.” This is what OP needs to determine - if it was legally terminated and to get the evidence of that. If it was not - there is only one route to successfully sponsoring the new spouse.
I guess, if there was no first divorce, the other alternative if OP does not want to divorce and remarry current “spouse”, seeing as the current marriage is accepted as legal in the county it was performed is for OP to move there.

 

 

 

[belinda63 3,038]

I'll make this simple. When you file for your new husband you will HAVE TO provide a copy of the divorce decree from your first marriage. 

[Kai G. Llewellyn 838]

OP, have you filed anything with USCIS yet for your current spouse? I'm hoping not as you need to clear this situation up first, and be sure that you either get a divorce certificate that predates your current marriage (if you were divorced without your knowledge) or divorce and re-marry your current spouse. You must do this before you file anything with the US Government otherwise your petition with USCIS/DoS will be null and void and could also have other nasty repercussions if you conceal the prior marriage. To obtain any immigration benefit for your spouse you must have been free to marry prior to your current marriage for it to be legally recognized.

Edited August 8, 2021 by Kai G. Llewellyn

[Crazy Cat 41,898]

1 hour ago, belinda63 said:

I'll make this simple. When you file for your new husband you will HAVE TO provide a copy of the divorce decree from your first marriage. 

Agree......and the dates must be sequential to create a clear paper trail.

[pushbrk 12,901]

7 hours ago, Purplehues said:

He remarried right after we split and I assumed that would mean that we were legally divorced. I'm just now learning that that might not necessarily be the case

 

Did you learn that "he ;might not necessarily have gotten divorced", or did learn he did NOT get a divorce?  Words mean things?

 

If it's "not necessarily....", find out for sure.

 

If he didn't get a divorce have committed the crime of bigamy.  He has too, but that is not your concern.  It's not that you're going to jail.  It just means you'll need a divorce and a remarriage before you start to bring your current husband to the USA.  In HIS country, there may be issues, we wouldn't know about regarding dissolving your current marriage and marrying again.  Be sure to check on that first. 

Edited August 8, 2021 by pushbrk

[Wouter 141]

As many have mentioned, it would be good to get into contact with your first husband to see if some kind of legal divorce was finalized (which seems unlikely without you knowing about it).

It sounds like it is in both your interest to get some legal divorce sorted out, because he may not be legally married to his wife either.

One other perspective, and I don't mean this in a morbid way, but do you know if he is still alive? Although we don't wish it on someone, people die. If it turns out your first husband is deceased it may simplify your situation somewhat.