Found out at my VAWA-I485 interview that my spouse was married(merged Update Approved)

[Abuga 25]

Thanks for sharing. Appreciate it. I agree to the difference that he was still with the woman so both can still battle it. For mine, we have divorced. Hopefully my lawyer will come up with idea that can help with the case. Thanks

[Family 3,988]

7 hours ago, OldUser said:

Did the lawyer know what you know now

Let’s assume it was a good attorney, he would have filed a FOIA for all the records of the I-130/I-485 especially since OP and wife had 2 Stokes interviews.. and RFE would definitely been in there. ..
 

Would I be wrong in asking if the date you and wife separated is around the time RFE was sent ? 

[Abuga 25]

The lawyer and I got to know this at the interview. I never saw any rfe requesting for the divorce neither was I asked at the interview (maybe my ex saw it or was asked at the interview ). I got shocked at the interview when it was revealed but I heard the questionnaire said that my ex was asked tod send in the divorce document somewhere in March 2019 which is somewhere around the time she left

[Sandra G. 5,047]

The bigamy doesn’t apply to Vawa petitioners, if you didn’t know about it .You will be able to get the green card.Find the USCIS memorandum and submit to Uscis,where it states what I wrote here.

[Sandra G. 5,047]

17 hours ago, Abuga said:

Dear Family,

Please I will need your opinion on this. Today was my VAWA-I485 interview date and at the interview, I was told that my spouse was married to somebody somewhere in Morrocco and started application for him. And that my spouse had been told (me not been aware) after our previous interviews to submit evidence of the divorce. I am in hot waters as I have received notification of RFE and I think it will be to prove that my spouse divorced him. Any opinion would help thanks

 Check the Section 1503 (b1) and (C1)of the BIWPA.The AILA published the USCIS memorandum stating that vawa petitioners can adjust status in case of bigamy of the petitioner.

[Abuga 25]

Thanks Sandraj. So my i485 has changed to rfe which I think will be about providing evidence to the divorce...I know I would not get this....please do you have any suggestions 

[Abuga 25]

Thanks Sandraj. You have given me an array of hope.

[beloved_dingo 1,976]

@Abuga I genuinely hope it all works out for you. In cases where the immigrant was doing everything right (based on what you knew) and the USC was being deceitful and manipulative, I 100% believe there should be a path to stay in the U.S. I hope that is the case, as @sandranj mentioned above. 

[African Zealot 1,455]

@Abuga are you from Ghana by any chance?

[Sandra G. 5,047]

On 12/16/2022 at 10:29 AM, Abuga said:

Thanks Sandraj. So my i485 has changed to rfe which I think will be about providing evidence to the divorce...I know I would not get this....please do you have any suggestions 

In your RFE response, you should explain thatyou didn't know your spouse wasn't divorced when you got married. Mention  when and how you found out. Please print out the memo and attach it to your RFE. Make sure you get at least two affidavits from friends and/or family stating that your spouse always told them that she was divorced, if she told them.

 

https://asistahelp.org/wp-content/uploads/2018/10/VAWA-USCIS-Bigamy-Memo.pdf

Edited December 25, 2022 by sandranj

[Abuga 25]

Thanks so much for the information 

[Abuga 25]

Last year around christmas time, I was got so depressed because during my Vawa interview, I got to know that my ex was married and I was asked to produce a divorce in support of my application. Many of the people on this platform used words to indicate that that was the end of my journey but @sandranj gave me hope. I responded to the rfe and my lawyer added hers and boom.... my case now shows approved. I thank the Lord so much and also sandranj and my lawyer. I am so happy, infact I dont believe it and I also want to encourage the family also.

[OldUser 6,604]

Fortunately, things worked out for @Abuga

 

Amazing news and congratulations!

[Ontarkie 14,215]

~~Update thread has been merged with existing thread. Hijack post and reply removed.~~

[Sandra G. 5,047]

On 12/15/2022 at 4:22 PM, Abuga said:

Dear Family,

Please I will need your opinion on this. Today was my VAWA-I485 interview date and at the interview, I was told that my spouse was married to somebody somewhere in Morrocco and started application for him. And that my spouse had been told (me not been aware) after our previous interviews to submit evidence of the divorce. I am in hot waters as I have received notification of RFE and I think it will be to prove that my spouse divorced him. Any opinion would help thanks

There is an exception created by the VAWA Law regarding bigamy, it's just for VAWA petitioners. Submit the USCIS memorandum,and a sworn statement mentioning that you did not have  no knowledge of the other marriage when you got married.

https://asistahelp.org/wp-content/uploads/2018/10/VAWA-USCIS-Bigamy-Memo.pdf