Termination of past marriage question

[Loamee 0]

Separated abroad a long time ago. Filed for divorce. Didn't finalize it (two-part process in the country of divorce - first step is to divorce at the local/regional level. Next step is to register the divorce nationally). Did the first step. Didn't do the 2nd step.

 

Got married some years later. Want to apply for IR1 now. Flew to country of first marriage. Did the 2nd step, now. Divorce/court documents show current date but with the date of separation of when it happened, which is prior to my current marriage. Can this be used as proof of dissolution of marriage?

[SalishSea 17,801]

36 minutes ago, Loamee said:

Separated abroad a long time ago. Filed for divorce. Didn't finalize it (two-part process in the country of divorce - first step is to divorce at the local/regional level. Next step is to register the divorce nationally). Did the first step. Didn't do the 2nd step.

 

Got married some years later. Want to apply for IR1 now. Flew to country of first marriage. Did the 2nd step, now. Divorce/court documents show current date but with the date of separation of when it happened, which is prior to my current marriage. Can this be used as proof of dissolution of marriage?

Nope.   Your current marriage is not valid for US immigration.   You would need to divorce current wife, finalize past divorce, and remarry.

[Mike E 11,739]

4 hours ago, Loamee said:

Can this be used as proof of dissolution of marriage?

No.  You are not (and never were) legally married to to your current “wife”.  
 

You need to have a second marriage service. You might need to get your current “marriage” annulled first.  Then “re”-marry.  
 

This unfortunately means no IR-1, unless you wait 2 years after “re”-marriage to get the medical.  So CR-1 plus I-751.  Or wait 18 months to get a medical  and then enter USA at the 2 year “re”-marriage anniversary.  

[Crazy Cat 41,806]

4 hours ago, Loamee said:

now. Divorce/court documents show current date but with the date of separation of when it happened, which is prior to my current marriage. Can this be used as proof of dissolution of marriage?

No.  Separation is not dissolution of the marriage.  Now, you have no legal marriage on which to base an I-130.  Your country's process is similar to Taiwan.  A marriage or divorce agreement is not official until it is registered at the local Household Registration Office.

Edited December 4, 2022 by Crazy Cat

[Boiler 45,442]

Can you divorce if you were never legally married?

[Mike E 11,739]

15 minutes ago, Boiler said:

Can you divorce if you were never legally married?

Divorces are for married people.  
 

You can (in some jurisdictions) annul, because annulments by definition apply to people who aren’t married. 

[Boiler 45,442]

It was more a question for the OP in wherever is involved.

[Mike E 11,739]

2 minutes ago, Boiler said:

It was more a question for the OP in wherever is involved.

Given the length of the process to complete a divorce in OP’s country, one hopes that divorce for unmarried people is not an option.  

[SteveInBostonI130 3,432]

8 hours ago, Loamee said:

Separated abroad a long time ago. Filed for divorce. Didn't finalize it (two-part process in the country of divorce - first step is to divorce at the local/regional level. Next step is to register the divorce nationally). Did the first step. Didn't do the 2nd step.

 

Got married some years later. Want to apply for IR1 now. Flew to country of first marriage. Did the 2nd step, now. Divorce/court documents show current date but with the date of separation of when it happened, which is prior to my current marriage. Can this be used as proof of dissolution of marriage?

What does the court document actually say, verbatim?

 

1.  Current date for the court document and it states separation occurred on Date X.

2.  Current date for the court document and it states divorce occurred on Date X.

 

If it is 1, then as others have said your current marriage is not recognizable:  you need to remarry.

 

If it is 2, then you should be ok.  I'd consult an immigration lawyer familiar with your country just to be sure.

[SalishSea 17,801]

2 hours ago, SteveInBostonI130 said:

What does the court document actually say, verbatim?

 

1.  Current date for the court document and it states separation occurred on Date X.

2.  Current date for the court document and it states divorce occurred on Date X.

 

If it is 1, then as others have said your current marriage is not recognizable:  you need to remarry.

 

If it is 2, then you should be ok.  I'd consult an immigration lawyer familiar with your country just to be sure.

OP says date of divorce is not prior to current marriage.

[JeanneAdil 6,489]

Basically u answered your own question

 

 Filed for divorce. Didn't finalize it 

 

So,  now that first marriage is finalize,  u can marry but at this time , u r not

[pushbrk 12,868]

I think the problem is well defined but the solution details depend on details we don't have.  For starters, did the divorce and remarriage happen in the same country.  I presume not, but it would make a difference in ending the bigamist marriage are beginning it again legally. Definitely need this properly sorted out before filing.  I would consult a Family Lawyer in the current country, as to HOW to actually do what you need to do.

 

I would add that in all countries I know (other than the USA) a US Citizen would have needed to sign and affidavit before a US Consular Officer stating all prior marriages and showing evidence they were terminated.  How did the OP secure that document?  Was it fraudulent?  All point to LAWYER.

 

Edited December 4, 2022 by pushbrk

[SalishSea 17,801]

30 minutes ago, pushbrk said:

I think the problem is well defined but the solution details depend on details we don't have.  For starters, did the divorce and remarriage happen in the same country.  I presume not, but it would make a difference in ending the bigamist marriage are beginning it again legally. Definitely need this properly sorted out before filing.  I would consult a Family Lawyer in the current country, as to HOW to actually do what you need to do.

 

I would add that in all countries I know (other than the USA) a US Citizen would have needed to sign and affidavit before a US Consular Officer stating all prior marriages and showing evidence they were terminated.  How did the OP secure that document?  Was it fraudulent?  All point to LAWYER.

 

Is that affidavit signed at the consulate just in cases where the USC is seeking to marry in that country?

[pushbrk 12,868]

36 minutes ago, Jorgedig said:

Is that affidavit signed at the consulate just in cases where the USC is seeking to marry in that country?

Yes, the document is needed as part of the marriage license application process.  When the OP says the second marriage took place the need for a Consular notarization was universal. It is NOT now.  At least the Philippines is now allowing any Notary to perform this service because DURING Covid many Americans were unable to travel to Manila or Cebu.  Some other countries may have made similar adjustments.

 

Other countries than the USA, generally have a National (instead of individual State) registries of marriages, so they simply get that document, but Americans cannot.  That's why the notarized affidavit.  Without knowing for certain, the country where the bigamist marriage took place, we cannot be sure there was fraud in this regard, but it is why the OP would be crazy not to consult a local Family Lawyer.

[Boiler 45,442]

Hmm now admittedly not something I have ever looked in but I would have been going from the opposite assumption as far as a document from the Consulate is concerned. Just goes to show.