IR-1 application process with divorce

[thesheikhs17 0]

Hi!  My situation is I got married in UAE recently with an american and had a son with him. We both live in UAE at the moment, but prior to this I was married back in Philippines and was separated for a decade but since there's no divorce in Philippines I am technically married in Philippines with the first husband. I am on the process of divorcing my Philippine marriage here in UAE on the grounds that I am now Muslim, my lawyer guaranteed that I can use this divorce as a supporting document (as he will back date the divorce from the time I converted to Islam) when I apply for an Immigrant visa to US. But I am still not confident and highly doubting this. I hope someone can shed some light. 

Edited October 13 by thesheikhs17

[Theersink 20]

If I recall, Muslim divorce in the Philippines only applies if you were Muslim at the time of marriage. I am by no means an expert so maybe other familiar can chime in as well. I'd advise you to consult a lawyer well versed in Philippine law as they do things very different than other parts of the world.

However, if you are currently residing in UAE and plan to file there I believe the US would recognize the divorce. The caveat is the Philippines would not so you would want to finish the immigration process from your current country. Again, just responding with what I have personally researched. I'm sure others here can further clarify for you.

Edited October 13 by Theersink

[Wavez24 19]

How could you get married in UAE if your CENOMAR shows you are already married?

[thesheikhs17 0]

I got married in Georgia (the country) which require only my passport.

[thesheikhs17 0]

24 minutes ago, Theersink said:

If I recall, Muslim divorce in the Philippines only applies if you were Muslim at the time of marriage. I am by no means an expert so maybe other familiar can chime in as well. I'd advise you to consult a lawyer well versed in Philippine law as they do things very different than other parts of the world.

However, if you are currently residing in UAE and plan to file there I believe the US would recognize the divorce. The caveat is the Philippines would not so you would want to finish the immigration process from your current country. Again, just responding with what I have personally researched. I'm sure others here can further clarify for you.

Hi thanks, yes as per our divorce lawyer here in UAE it will be recognized in US. But my other question is do I need to register in my embassy here my marriage with the American? Might not be possible unless I got my divorce here recognized in PH as well. Is it required on my immigrant application to submit my marriage certificate with the american certified by my embassy?

Edited October 13 by thesheikhs17

[pushbrk 12,814]

Your marriage date is before the end date of your prior marriage.  That's not going to work.  Surely, you were required to sign something saying you were unmarried, in order to get a marriage license in Georgia or any other place.  You have committed two crimes, bigamy, and fraud.  You cannot immigrate to the USA based on this marriage.

[thesheikhs17 0]

4 minutes ago, pushbrk said:

Your marriage date is before the end date of your prior marriage.  That's not going to work.  Surely, you were required to sign something saying you were unmarried, in order to get a marriage license in Georgia or any other place.  You have committed two crimes, bigamy, and fraud.  You cannot immigrate to the USA based on this marriage.

The divorce will be back dated as when I have converted to Islam, which was long time before my 2nd marriage, this is what my lawyer said. And another thing, we can get married again after the divorce in Islamic way.

[J.M. 227]

7 minutes ago, thesheikhs17 said:

The divorce will be back dated as when I have converted to Islam, which was long time before my 2nd marriage, this is what my lawyer said

As stated above, Muslim divorce in the Philippines is only recognized if the marriage was solemnized under Muslim law.  While I understand back-dating is sometimes applicable to divorce, my understanding is the only way it would apply in your case is if both you and your ex already thought you were legally divorced.  I don't see how your lawyer can make that claim.  Your current marriage(s) is/are invalid for immigration purposes.  At some point during the visa process, you will have to produce documentation from the Philippines that your previous marriage was legally terminated, and that it was terminated prior to your current marriage.

[thesheikhs17 0]

9 minutes ago, J.M. said:

As stated above, Muslim divorce in the Philippines is only recognized if the marriage was solemnized under Muslim law.  While I understand back-dating is sometimes applicable to divorce, my understanding is the only way it would apply in your case is if both you and your ex already thought you were legally divorced.  I don't see how your lawyer can make that claim.  Your current marriage(s) is/are invalid for immigration purposes.  At some point during the visa process, you will have to produce documentation from the Philippines that your previous marriage was legally terminated, and that it was terminated prior to your current marriage.

Yes my ex is aware of the divorce and my lawyer will also notify him. As I know I can get my divorce recognized in Ph thru court procedure.

[Family 3,988]

1 hour ago, thesheikhs17 said:

The divorce will be back dated as when I have converted to Islam, which was long time before my 2nd marriage, this is what my lawyer said. And another thing, we can get married again after the divorce in Islamic way.

Get another lawyer, your guy is way over his head .

 

1. Georgia does NOT recognize polygamy and knowingly entering into that marriage, you broke 2 of their laws on  polygamy and bigamy ….what exactly did you write down about your marital status at the time of ceremony? 

 

2. You would have been better off marrying in UAE , a country that does allow polygamy. 
 

3. Backdating a divorce is pure nonsense , that attorney can’t even google US laws

 

To do:

finish your divorce 

remarry your new USC fellow 

file I-130 only after 

[Wavez24 19]

2 hours ago, thesheikhs17 said:

I got married in Georgia (the country) which require only my passport.

Why did you say you got married in UAE in your OP?

 

So you lie on forums, and you lie in real life... Right.

 

Your 'marriage' in Georgia is not valid. Check their own laws.

 

You need to get a new lawyer because you have made a number of very big mistakes.

[thesheikhs17 0]

1 hour ago, Family said:

Get another lawyer, your guy is way over his head .

 

1. Georgia does NOT recognize polygamy and knowingly entering into that marriage, you broke 2 of their laws on  polygamy and bigamy ….what exactly did you write down about your marital status at the time of ceremony? 

 

2. You would have been better off marrying in UAE , a country that does allow polygamy. 
 

3. Backdating a divorce is pure nonsense , that attorney can’t even google US laws

 

To do:

finish your divorce 

remarry your new USC fellow 

file I-130 only after 

This is exactly what we are doing.. We are finalizing the divorce and remarrying since the Georgia marriage will be nulled and void.

[Family 3,988]

8 minutes ago, thesheikhs17 said:

This is exactly what we are doing.. We are finalizing the divorce and remarrying since the Georgia marriage will be nulled and void.

Really…? I read you married in UAE , then said it was Georgia , then repeated your attorney was convincing you that backdating your divorce will fix everything.

No where did you indicate your intention to remarry…odd that I missed all that , don’t you think? 

[pushbrk 12,814]

3 hours ago, J.M. said:

As stated above, Muslim divorce in the Philippines is only recognized if the marriage was solemnized under Muslim law.  While I understand back-dating is sometimes applicable to divorce, my understanding is the only way it would apply in your case is if both you and your ex already thought you were legally divorced.  I don't see how your lawyer can make that claim.  Your current marriage(s) is/are invalid for immigration purposes.  At some point during the visa process, you will have to produce documentation from the Philippines that your previous marriage was legally terminated, and that it was terminated prior to your current marriage.

For US Immigration, it doesn't actually matter if the Philippines recognizes the divorce.  "Backdating" a divorce.  Sounds fishy to me.  She certainly can get divorced from both husbands, then married again to husband number two.  But my point was that "this marriage" cannot be used for immigrating to the USA because it happened while she was still married.  The  bold is true and correct, no matter whether she secures a backdated divorce or not.

 

[pushbrk 12,814]

2 hours ago, Family said:

Get another lawyer, your guy is way over his head .

 

1. Georgia does NOT recognize polygamy and knowingly entering into that marriage, you broke 2 of their laws on  polygamy and bigamy ….what exactly did you write down about your marital status at the time of ceremony? 

 

2. You would have been better off marrying in UAE , a country that does allow polygamy. 
 

3. Backdating a divorce is pure nonsense , that attorney can’t even google US laws

 

To do:

finish your divorce 

remarry your new USC fellow 

file I-130 only after 

Correct.  Later posts make it clear the OP understands their current marriage is not valid.  Georgia is not going to prosecute them for bigamy, polygamy, or the fraud on the marriage license, but it's all crime just the same.  Big can of worms that cannot be solved with more lies.