Past marriage predicament...solution?

[SusieQQQ 11,586]

55 minutes ago, Wouter said:

 

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.

 

Only if he died before the latest marriage, and OP would then need to get a death certificate. 
 

 

Edited August 9, 2021 by SusieQQQ

[Wouter 141]

28 minutes ago, SusieQQQ said:

Only if he died before the latest marriage, and OP would then need to get a death certificate. 

 

 

Even if he died yesterday she can get his death certificate within a week or two (since it's an existing document it's just a clerical thing, especially since she is/was his legal spouse.)

She could then legally marry her current husband the week after and file the I-130 the following day.

Edited August 9, 2021 by Wouter

[Purplehues 0]

Thanks all for your feedback!

 

I don't know where he currently is or even if he's in the country. The state shows no divorce record. 

 

So let me see if I got this right. If it turns out that there actually is not divorce, the only way to do this is to file for divorce and then "re-marry" my husband, correct?

If we are to file right after the marriage, would he be eligible for a CR1 or IR1...or anything else that's similar?

And if we are to marry here then would that be a K1 visa?

In either case, how does the proof of bona-fide relationship (is that what it's called?) work, since "technically" we have been married and living together for a decade?

 

If we go the K1 route then we're regarded a new couple, so I'm guessing our evidence should be consistent with that - but it's not, since it would show that our relationship started 9 years before my marriage ended. So basically that I was in a relationship with my current husband while married. Doesn't that raise any red flags?

Also, a big chuck of our evidence that it's a bona-fide relationship is our marriage certificate and the embassy documents. Obviously we can't use that, right? 

 

I'm seeing this as a problem of having to "downplay" our relationship, a catch 22.

 

Thoughts? 

[Boiler 45,552]

Obviously you need a Divorce Lawyer to resolve you  first issue. Being free to re marry.

 

Quite how it will work out in your partners country I have no idea.

 

I would avoid the K1, has enough issues without your added complications.

 

Nothing wrong with all that evidence of cohabitation and you will have plenty of time to generate more, 

 

 

[pushbrk 12,901]

3 hours ago, Purplehues said:

Thanks all for your feedback!

 

I don't know where he currently is or even if he's in the country. The state shows no divorce record. 

 

So let me see if I got this right. If it turns out that there actually is not divorce, the only way to do this is to file for divorce and then "re-marry" my husband, correct?

Correct.

3 hours ago, Purplehues said:

If we are to file right after the marriage, would he be eligible for a CR1 or IR1...or anything else that's similar?

Yes.

3 hours ago, Purplehues said:

And if we are to marry here then would that be a K1 visa?

No.  Married is married.  K1 is for an unmarried fiance

3 hours ago, Purplehues said:

In either case, how does the proof of bona-fide relationship (is that what it's called?) work, since "technically" we have been married and living together for a decade?

You have evidence you lived together abroad, not that you were legally married during that time.

 

3 hours ago, Purplehues said:

 

If we go the K1 route then we're regarded a new couple, so I'm guessing our evidence should be consistent with that - but it's not, since it would show that our relationship started 9 years before my marriage ended. So basically that I was in a relationship with my current husband while married. Doesn't that raise any red flags?

Consular Officers are not moral police.  In any interview, be truthful and open about the past.

 

3 hours ago, Purplehues said:

Also, a big chuck of our evidence that it's a bona-fide relationship is our marriage certificate and the embassy documents. Obviously we can't use that, right? 

Right.  In this context, if your previous marriage never legally ended, you are not married to the man you are now referring to as your husband.

 

3 hours ago, Purplehues said:

 

I'm seeing this as a problem of having to "downplay" our relationship, a catch 22.

 

Thoughts? 

No need to downplay anything.  Get all thoughts of anything less than full honesty out of your head.  Just do what you need to do.

[Mike E 11,739]

On 8/8/2021 at 10:03 PM, Purplehues said:

Thanks all for your feedback!

 

I don't know where he currently is or even if he's in the country. The state shows no divorce record. 
 

(removed) is useful for finding people IME. 
 

Quote

 

So let me see if I got this right. If it turns out that there actually is not divorce, the only way to do this is to file for divorce and then "re-marry" my husband, correct?

You need an actual divorce decree before you can marry your fiancé 

 

Quote

If we are to file right after the marriage, would he be eligible for a CR1 or IR1...or anything else that's similar?

CR1 but it depends on when the visa is actually issued.  Worry not about CR1 vs IR1 and worry more about whether you will have to file I-751 to remove conditions on a green card issued to an alien married less than two years relative to the “resident since” date.  

 

Quote

And if we are to marry here then would that be a K1 visa?

He can marry you in the USA, leave the USA and then you start the CR1 process. 
 

Quote

In either case, how does the proof of bona-fide relationship (is that what it's called?) work, since "technically" we have been married and living together for a decade?

All that evidence of a relationship for past ten years is helpful to your case. 

Quote

If we go the K1 route then we're regarded a new couple, so I'm guessing our evidence should be consistent with that - but it's not, since it would show that our relationship started 9 years before my marriage ended.
 

You wouldn’t be the first K-1 couple to have lived together for ten years.  

 

 

Quote

 

So basically that I was in a relationship with my current husband while married. Doesn't that raise any red flags?

no

 

Quote

Also, a big chuck of our evidence that it's a bona-fide relationship is our marriage certificate and the embassy documents. Obviously we can't use that, right? 
 

Right.  At worse those documents would add confusion and possibly trigger a denial of a K-1 visa.  
 

Quote

 

I'm seeing this as a problem of having to "downplay" our relationship, a catch 22.

 

Thoughts? 

There is no catch 22.
 

As others have said your issue is straightforward:

 

* provide proof your first marriage ended.
 

* provide proof you married  your second husband after your first marriage ended.  
 

Don’t worry about K-1 vs CR-1 vs IR-1 now.  Focus on the immediate problem: divorcing your husband.  

Edited August 10, 2021 by Ontarkie
3rd party site removed

[pm5k 129]

21 hours 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

 

Wondering the same.  I know that the three major Abrahamic religions (Judaism, Christianity*, Islam) all recognize marriages and divorces done prior to conversion. Catholicism (hence why there is a * on Christianity) may not recognize a divorce, but many countries will still have civil divorces available. 

[JeanneAdil 6,514]

1 hour ago, pm5k said:

Wondering the same.  I know that the three major Abrahamic religions (Judaism, Christianity*, Islam) all recognize marriages and divorces done prior to conversion. Catholicism (hence why there is a * on Christianity) may not recognize a divorce, but many countries will still have civil divorces available. 

I asked only because i think many convert to marry (thinking they have to) without understanding the religion and the major beliefs of what they are getting into

and some even just plain believe what the intending spouse tells them without doing any research 

 

For me to marry A Muslim in Morocco i did not have to convert but i did have to show husbands death notice to show dissolved marriage

 

I would also like that info on that religion in case we see any post that resembles this issue

 

also thinking that the former husband could have married under Mormon faith that allows multiple wives and if this OP is out of US, how does she know this man hasn't been claiming her on tax returns for all these years

 

[lioness528 1]

You need to legally dissolve your first marriage and make sure there is proper paperwork. 

 

You will need to remarry your husband and even your ex husband will most likely need to remarry his wife. 

 

You and your ex need to get that sorted because bigamy is very illegal and even though it wasn't intentional, you could still land in trouble. 

 

Don't even tough the immigration process until this is sorted. 

[Ontarkie 14,231]

I don't know how you went about looking to see if your ex did file for divorce.

Did you ever get a notice/served papers for the divorce? 

Did you check the court house where your maybe ex lived and any place he lived at when you heard/saw he remarried? 

 

I'm not familiar with a state wide public record for divorces. So you may need to call every court house asking for them to look up a divorce for you and the maybe ex.

 

Taxes would be easy to find out if he has been filling without her consent. 

 

[SusieQQQ 11,586]

https://www.wikihow.com/Find-out-if-a-Divorce-Has-Been-Filed

 

If you have been separated with little or no contact for at least a year, there is a chance your spouse may have completed a divorce without your knowledge. She may have lied about not knowing your location and the court granted the divorce by default when you failed to respond.

 

Link attached tells you how to search for divorce records.

Edited August 10, 2021 by SusieQQQ