2 Marriage certificates

[Family 3,988]

2 minutes ago, Lyrati said:

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?

It’s a denial either way. New filing just requires you to show annulment. 

[Lyrati 1]

11 minutes ago, Family said:

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.

I wonder how can we request it? Where could we send the request letter? Isn't to our processing center or to USCIS office that is mentioned on the RFE letter. 

[Family 3,988]

1 minute ago, Lyrati said:

I wonder how can we request it? Where could we send the request letter? Isn't to our processing center or to USCIS office that is mentioned on the RFE letter. 

You wait to the last possible moment and send it as a Response to RFE , to the address you are instructed 

[Lyrati 1]

9 minutes ago, Family said:

It’s a denial either way. New filing just requires you to show annulment. 

But my understanding from what you said, if we offer the explanation in our RFE respond, it will be complicated matters and ground for denial.

What complications do you think will it create from this denial rather than denial from abandonment? 

5 minutes ago, Family said:

You wait to the last possible moment and send it as a Response to RFE , to the address you are instructed 

Well noted, thank you so much!

Edited May 11, 2023 by Lyrati

[Family 3,988]

1 minute ago, Lyrati said:

10 minutes ago, Family said:

It’s a denial either way. New filing just requires you to show annulment. 

But my understanding from what you said, if we offer the explanation in our RFE respond, it will be complicated matters and ground for denial.

What complications do you think will it create from this denial? 

5 minutes ago, Family said:

You wait to the last possible moment and send it as a Response to RFE , to the address you are instructed 

Well noted, thank you so much!

You are free to do as you wish. ..not sure why you are stuck on wanting to explain it.

 

There is no “ innocent mistake “ I did not know better..defense . It’s an admission of ineligibility..while in the same state…and other challenges not worth worrying about…

 

[Lyrati 1]

1 minute ago, Family said:

You are free to do as you wish. ..not sure why you are stuck on wanting to explain it.

 

There is no “ innocent mistake “ I did not know better..defense . It’s an admission of ineligibility..while in the same state…and other challenges not worth worrying about…

 

I was just considering the better options, sorry If you think that i'm stuck with it, but i'm not.

Obviously we don't want to do any further mistake, I just need to feel sure about it.

Sorry if I'm questioning you again, but do you think denial from ineligibility will hurt our new filling rather than denial from abandonment?

[SalishSea 17,836]

1 hour ago, Lyrati said:

I was just considering the better options, sorry If you think that i'm stuck with it, but i'm not.

Obviously we don't want to do any further mistake, I just need to feel sure about it.

Sorry if I'm questioning you again, but do you think denial from ineligibility will hurt our new filling rather than denial from abandonment?

No.  You were ineligible for the initial filing, as you had two separate marriage dates.  You can abandon the current process, get the annulment, and refile.  The new filing will be with the initial, original marriage date and document.  

 

It may not end up being to your preferred timeline for the kids' college or whatever, but it was your error to get married twice for whatever reason, and that has messed up your eligibility for a visa.  It has added time to the process.

[Lyrati 1]

34 minutes ago, SalishSea said:

No.  You were ineligible for the initial filing, as you had two separate marriage dates.  You can abandon the current process, get the annulment, and refile.  The new filing will be with the initial, original marriage date and document.  

 

It may not end up being to your preferred timeline for the kids' college or whatever, but it was your error to get married twice for whatever reason, and that has messed up your eligibility for a visa.  It has added time to the process.

Thank you! Seems we did unforgiveable mistake and we have no option than to fix it and filling again! Just wish we could realize it earlier, long before we start filling 

 

Edited May 11, 2023 by Lyrati

[jackiegringa 419]

8 hours ago, Lyrati said:

Thank you! Seems we did unforgiveable mistake and we have no option than to fix it and filling again! Just wish we could realize it earlier, long before we start filling 

It's unfortunate that you made the mistake of marrying again instead of registering the marriage in the US but with most (if not all) mistakes in immigration there's no 'forgiveness' - it's either right or wrong and no explanation will fix it, adding years to the process. It happens in many different ways you can read it in the forums but if you follow the advice here you will get your IR1. Good luck!

[BLC 112]

since the marriage was illegal and is not recognized under Texas law, you can also file a suit to void the marriage. I don’t believe there is a time limit on this. You can check the statue here: https://statutes.capitol.texas.gov/Docs/FA/htm/FA.6.htm

 

Some marriages are not valid under Texas law under any circumstances. Texas calls these marriages “void.” Void marriages include: 

• Marriages between certain relatives; and 

• Marriages in which a spouse is already married. 

An annulment is an optional way to end a voidable marriage. A suit to declare a marriage void applies to marriages that cannot be valid under Texas law. 

[Lyrati 1]

1 hour ago, jackiegringa said:

It's unfortunate that you made the mistake of marrying again instead of registering the marriage in the US but with most (if not all) mistakes in immigration there's no 'forgiveness' - it's either right or wrong and no explanation will fix it, adding years to the process. It happens in many different ways you can read it in the forums but if you follow the advice here you will get your IR1. Good luck!

Thank you for your encouraging words! Lesson learned. We thought we have to register our marriage in U.S embassy here, but they don’t  take any marriage abroad registration. As we don’t know if we could register it in the U.S, that’s why we get married there again when i had a chance to flew there with B1 visa. . 

Edited May 11, 2023 by Lyrati

[Lyrati 1]

36 minutes ago, BLC said:

since the marriage was illegal and is not recognized under Texas law, you can also file a suit to void the marriage. I don’t believe there is a time limit on this. You can check the statue here: https://statutes.capitol.texas.gov/Docs/FA/htm/FA.6.htm

 

Some marriages are not valid under Texas law under any circumstances. Texas calls these marriages “void.” Void marriages include: 

• Marriages between certain relatives; and 

• Marriages in which a spouse is already married. 

An annulment is an optional way to end a voidable marriage. A suit to declare a marriage void applies to marriages that cannot be valid under Texas law. 

Thank you for your info! it’s very helpful link!

[EM_Vandaveer 2,408]

1 hour ago, Lyrati said:

Thank you for your encouraging words! Lesson learned. We thought we have to register our marriage in U.S embassy here, but they don’t  take any marriage abroad registration. As we don’t know if we could register it in the U.S, that’s why we get married there again when i had a chance to flew there with B1 visa. . 

There is no such thing as "registering an already existing marriage in the US". On the other hand married IS married. Therefore if you ever have to prove you're married and you got married in a foreign country then you show your foreign marriage certificate (with an English translation).

It's sad that so many don't understand this concept although it's logical. For example, bigamy is illegal in the US. If a marriage that took place abroad "wouldn't count" in the US then a person could just get married to a second person in the US even though they were already married in another country to another person. Since that's obviously not allowed, it stands to reason that that is because the first marriage that took place in another country is nevertheless recognized as a legal marriage in the US...

Edited May 11, 2023 by EM_Vandaveer

[pushbrk 12,898]

I find this a tough one.  I don't know how USCIS will respond to an explanation OR to a voiding or annulment.  If you had never mentioned the Houston Marriage, there would be no problem.  Now that they know about it, what will they do if you just explain your mistake?  I think you actually WERE qualified at the time of filing.  You were legally and lawfully married in Indonesia.  If the second marriage is deemed reason for denial, then annulment or voiding of it, AFTER filing should have the same result.

 

[Lyrati 1]

4 hours ago, EM_Vandaveer said:

There is no such thing as "registering an already existing marriage in the US". On the other hand married IS married. Therefore if you ever have to prove you're married and you got married in a foreign country then you show your foreign marriage certificate (with an English translation).

It's sad that so many don't understand this concept although it's logical. For example, bigamy is illegal in the US. If a marriage that took place abroad "wouldn't count" in the US then a person could just get married to a second person in the US even though they were already married in another country to another person. Since that's obviously not allowed, it stands to reason that that is because the first marriage that took place in another country is nevertheless recognized as a legal marriage in the US...

I actually just knew this, thanks! In my point of view as a foreign spouse who live abroad, if there is no such thing as registerimg marriage in the US, then the US system will show the US spouse status as always as single, rigjt? Unless it is asked, and it’s never been asked if foreign spouse is not living in the US.