2 Marriage certificates

[Lyrati 1]

Hello VJ family,

So we just got RFE from USCIS which mentioning : :

1. Submit proof of the legal termination of the marriage (s) ....(my husband - petitioner USC)

2. In addition, if ....(my husband)  and...(me) have any other prior marriages, submit a legible photocopy of the legal termination of each prior marriage.

 

Our love story as follow :

1. Marriage legally in Indonesia in 2008 (got marriage certificate from Indonesia)

2. Marriage legally in city hall Houston, TX in 2009 (marriage licence)

During those years, we din't have any plan to live in the U.S, so we thought we need to legalize our marriage in the U.S by having marriage there again in 2009.

We were not realize this could be wrong and didn't  think that we broke any rule by doing so. As now, we're planning to live in the U.S  so our kids can go to college there, and applied IR1, we submitted both certificates.

And now we got RFE as above and we only have 1 chance to submit the evidence. What should we do? We don't have and we can't have any divorce degree between those marriages.

I'm starting to get soo worry they will deny it. Any respond will be highly appreciated.

 

Edited May 11, 2023 by Lyrati

[Family 3,818]

You need to file for annulment of one of your marriages.
Pick whichever country  is easier for you to accomplish…and be prepared to get an attorney to help you tackle annulment.

 

An annulment of either marriage within time frame of RFE will save this petition, otherwise it will be denied and you can file another.

Edited May 11, 2023 by Family

[Lyrati 1]

Thank

10 minutes ago, Family said:

You need to file for annulment of one of your marriages.
Pick whichever country  is easier for you to accomplish…and be prepared to get an attorney to help you tackle annulment.

 

An annulment of either marriage within time frame of RFE will save this petition, otherwise it will be denied and you can file another.

Thank you for your quick respoond! Can we apply annulment for the marriage in the U.S? but since the marriage was in 2009, will it be allowed to do it?

Edited May 11, 2023 by Lyrati

[Ontarkie 14,115]

Annul the second marriage the one in Texas in 2009.  It was not a legal marriage as you were already married in Indonesia. 

[Lyrati 1]

3 minutes ago, Ontarkie said:

Annul the second marriage the one in Texas in 2009.  It was not a legal marriage as you were already married in Indonesia. 

Thank you for your respond! We understand now, very hard lesson! But do you know by any chance, we could annul the second marriage after this long? If it could, will we make it time frame of the RFE? Any reference for affordable lawyer?

[Ontarkie 14,115]

17 minutes ago, Lyrati said:

Thank you for your respond! We understand now, very hard lesson! But do you know by any chance, we could annul the second marriage after this long? If it could, will we make it time frame of the RFE? Any reference for affordable lawyer?

Should be no issues even after this long. The second marriage was not legal. Proof of that would be your first marriage certificate. Time frame I have no idea, call a few different lawyers and ask them their thoughts. Get the ball rolling. If it does take too long, and just before time runs out. Send in both marriage certificates showing it's the two of you on both and then write a letter explaining that you did not realize the first marriage was recognized in the US. That is why you two got married again. Then pray they accept that reasoning. If not your annulment will still be processing and you can refile if they deny it. 

Edited May 11, 2023 by Ontarkie

[Family 3,818]

42 minutes ago, Lyrati said:

46 minutes ago, Family said:

You need to file for annulment of one of your marriages.
Pick whichever country  is easier for you to accomplish…and be prepared to get an attorney to help you tackle annulment.

 

An annulment of either marriage within time frame of RFE will save this petition, otherwise it will be denied and you can file another.

Thank you for your quick respoond! Can we apply annulment for the marriage in the U.S? but since the marriage was in 2009, will it be allowed to do it?

Edited 34 minutes ago by Lyrati

Look at both options . No matter which marriage you annulled, it’s as if it never happened , so the sequence ( 1sr or 2nd ) is not a problem. ..

 

 

[Lyrati 1]

10 minutes ago, Ontarkie said:

Should be no issues even after this long. The second marriage was not legal. Proof of that would be your first marriage certificate. Time frame I have no idea, call a few different lawyers and ask them their thoughts. Get the ball rolling. If it does take too long, and just before time runs out. Send in both marriage certificates showing it's the two of you on both and then write a letter explaining that you did not realize the first marriage was recognized in the US. That is why you two got married again. Then pray they accept that reasoning. If not your annulment will still be processing and you can refile if they deny it. 

Thank you so much! We'll try to work on the annulment and will write a letter of explanation if time frame of RFE doesn't work with it. Really appreciate your advices!

I was feeling hopeless but still praying for the best. 

[Lyrati 1]

2 minutes ago, Family said:

Look at both options . No matter which marriage you annulled, it’s as if it never happened , so the sequence ( 1sr or 2nd ) is not a problem. ..

 

 

Thank you! We can't annul the marriage in Indonesia, because it's our current home and my husband needs it for the living permit here.

The only option is to annul the second one which we hope will work through.

[Family 3,818]

2 minutes ago, Lyrati said:

Thank you! We can't annul the marriage in Indonesia, because it's our current home and my husband needs it for the living permit here.

The only option is to annul the second one which we hope will work through.

I understand. Consult at least 4 attorneys and pick one who has hands on with the process …you will get it done but don’t stress for RFE deadline..,USCIS likely to deny anyway and pushback w “ not eligible at the time of filing “..

So talk through alternative plans ( maybe husband goes first  ) in case you need to refile. 

 

[Lyrati 1]

12 minutes ago, Family said:

I understand. Consult at least 4 attorneys and pick one who has hands on with the process …you will get it done but don’t stress for RFE deadline..,USCIS likely to deny anyway and pushback w “ not eligible at the time of filing “..

So talk through alternative plans ( maybe husband goes first  ) in case you need to refile. 

 

Thank you! Husband is currently in the U.S now and working there. But he'll come home to Indonesia when he can get off work, and staying for few months before going back there, so he still needs the living permit here. We plan that I could join him and also put our kids to go to college there.

So I wonder, if they deny it, we have to re-file and start all over again with the new timeline?  We have been waiting for a year to get this RFE, didn't realize our mistake at first place before applying.

Edited May 11, 2023 by Lyrati

[Family 3,818]

58 minutes ago, Lyrati said:

Thank you for your respond! We understand now, very hard lesson! But do you know by any chance, we could annul the second marriage after this long? If it could, will we make it time frame of the RFE? Any reference for affordable lawyer?

Unless you have the annulment in your hand, DO NOT respond to RFE and DO NOT offer any explanations. It will not help and further complicate matters and grounds for denial. Just let them close it out for abandonment and offer your explanation w new filing

 

[Family 3,818]

3 minutes ago, Lyrati said:

So I wonder, if they deny it, we have to re-file and start all over again with the new timeline?  We have been waiting for a year to get this RFE, didn't realize our mistake at first place before applying

Yes , you will start over . College age kids will be ok without mom for a bit, but I understand your apprehension.

 

[Family 3,818]

4 minutes ago, Family said:

1 hour ago, Lyrati said:

Thank you for your respond! We understand now, very hard lesson! But do you know by any chance, we could annul the second marriage after this long? If it could, will we make it time frame of the RFE? Any reference for affordable lawyer?

Unless you have the annulment in your hand, DO NOT respond to RFE and DO NOT offer any explanations. It will not help and further complicate matters and grounds for denial. Just let them close it out for abandonment and offer your explanation w new filing

You can try a Hail Mary “ Request for Extension/ Additional Time to respond tonRFE” . Simply say you need additional time to obtain documentation  due to circumstances beyond your control “ no other details….just plead for an additional 90 days.

[Lyrati 1]

5 minutes ago, Family said:

Unless you have the annulment in your hand, DO NOT respond to RFE and DO NOT offer any explanations. It will not help and further complicate matters and grounds for denial. Just let them close it out for abandonment and offer your explanation w new filing

 

Sorry for my poor understanding, but would you enlightened me with the consequences of denial versus abandonment?

So If we have to refile again, do we need to make the letter of explanation for previous abandonment?