Complex issue involving deportation and bigamy

[Nutcracker 0]

Hi all,

 

I would be really grateful if someone can help me with this issue. I went to us legally about 20 years ago but failed to fulfil the requirements of my visa. I got married to a US citizen but was deported and banned for 10 years. I went back to my home country and after few years of my wife trying to get me back to USA, we gave up. My wife initially wanted to get a divorce but then for some reason she did not follow through so we stayed married. I on the other hand got married in my home country (India) and subsequently moved to UK and had kids. My Indian wife and I got divorced few years ago and am single now. My USA citizen wife contacted me out of the blue and told me she had cancer and was undergoing treatment.

 

Now my question is if I can apply for a non-immigrant visa to go see her at least or in the best case scenario get an immigrant visa based on our valid marriage. We had applied for I-601 when I was in the US but do not know what happened to it. 

 

I am looking forward to your replies which will be much appreciated. 

[Boiler 45,525]

On what basis did you and your Indian Girlfriend move to the UK?

 

I suppose you could apply for a B, if otherwise approvable there is a potential waiver.

 

You say you were deported, why, overstays are forgiven when adjusting through marriage to a USC so presume something else.

 

I suppose theoretically your American wife could sponsor you again by filing an I 130. Quite how you would show a legitimate relationship is another issue.

[Daphne . 1,866]

Doesn’t sound like a valid marriage anymore though? You’re only still technically married. 

[Nutcracker 0]

@Boiler My Indian wife got a scholarship to study in the UK and I got a job and later got citizenship. I was under the impression that My American wife had gone through the divorce proceedings as we had discussed this when we gave up on getting me back to the US and she could not move back with me. Later I found out that she had not filed papers and it never materialised. So on paper I was in a bigamous relationship. I well over the ban time and am legally married to her but my question is whether that bigamous period in the past would hinder my immigrant / non-immigrant visa application to the USA now? I also have children from my second marriage.

 

 

[Boiler 45,525]

You got a job and later UK citizenship through your Indian Girlfriend? Now I am no expert on UK Immigration but know the basics and do not understand how that could happen.

 

From the US perspective I can see them being confused as to how you got UK Citizenship.

 

When was the last time you spent quality time with your US wife?

 

Obviously your US Deportation, why and how will be important.

 

[Nutcracker 0]

46 minutes ago, Daphne . said:

Doesn’t sound like a valid marriage anymore though? You’re only still technically married. 

 

Yes you are right - It is just that she contacted me a couple of months ago with the news that she might have cancer and was going through tests which have now confirmed it. I am divorced with my Indian wife and am single so under no moral dilemma to go see her and am evaluating if it would be possible and the best way to go about it. I am very well settled in the UK with a great career so certainly not someone to use marriage to get US immigration.

[Nutcracker 0]

4 minutes ago, Boiler said:

You got a job and later UK citizenship through your Indian Girlfriend? Now I am no expert on UK Immigration but know the basics and do not understand how that could happen.

 

From the US perspective I can see them being confused as to how you got UK Citizenship.

 

When was the last time you spent quality time with your US wife?

 

Obviously your US Deportation, why and how will be important.

 

 

Thanks for your replies. In the UK you can get ILR (permanent residence) after being on a work visa for 5 years. That is how we got ours.  Once deported in 2005 we stayed in touch for a couple of years but never met and it just faded away. I went to the US on student visa but did not join the university. Unfortunately got caught working and the lawyer got my money and did a great job of getting me deported with a 10 years ban. 

[Boiler 45,525]

So you got your UK work visa independent of the Indian lady

 

You said you divorce the Indian lady, was that in India?

[Nutcracker 0]

Just now, Boiler said:

So you got your UK work visa independent of the Indian lady

 

You said you divorce the Indian lady, was that in India?

 

Yes - in fact my Indian wife became my dependent and got her ILR as my dependent. The divorce happened in the UK and My ex (Indian) wife and 2 children still live in the UK.

[Daphne . 1,866]

45 minutes ago, Nutcracker said:

 

Yes you are right - It is just that she contacted me a couple of months ago with the news that she might have cancer and was going through tests which have now confirmed it. I am divorced with my Indian wife and am single so under no moral dilemma to go see her and am evaluating if it would be possible and the best way to go about it. I am very well settled in the UK with a great career so certainly not someone to use marriage to get US immigration.

 But you mention a visit and immigration. Sure, I understand that you might want to visit her now that you know that she’s sick, but not sure why you brought up potentially immigrating through her.
 

Why did she reach out to you out of the blue? Did she specifically ask you anything? 

[Nutcracker 0]

11 minutes ago, Daphne . said:

 But you mention a visit and immigration. Sure, I understand that you might want to visit her now that you know that she’s sick, but not sure why you brought up potentially immigrating through her.
 

Why did she reach out to you out of the blue? Did she specifically ask you anything? 

 

She needed emotional and monetary support. I would like to visit her but I know that sometimes it is easier to get an immigrant visa than a non-immigrant one especially in my case when there is a deportation involved. Also I am still legally married to her so a non-immigrant visa makes no sense - does it?

 

Sorry I know its not a straightforward case and I should get advice from a professional lawyer but I wanted to get myself informed as much as possible first.

[Boiler 45,525]

Well it is up to her, she would need to file the I 130, complete the I 864 and potentially a few other things.

 

A the potential beneficiary not a lot for you to do for some time.

 

I assume she will need legal help.

[discoverusa 268]

Did you ever report to UK immigration that you were married before? If you did report this truthfuly, didn't you have to produce a divorce decree which you clearly never had. 

 

Something is off here. How did you go through immigration process in the UK without having the divorce decree. Unless you never reported the first marriage. 

[SteveInBostonI130 3,454]

6 hours ago, Nutcracker said:

@Boiler My Indian wife got a scholarship to study in the UK and I got a job and later got citizenship. I was under the impression that My American wife had gone through the divorce proceedings as we had discussed this when we gave up on getting me back to the US and she could not move back with me. Later I found out that she had not filed papers and it never materialised. So on paper I was in a bigamous relationship. I well over the ban time and am legally married to her but my question is whether that bigamous period in the past would hinder my immigrant / non-immigrant visa application to the USA now? I also have children from my second marriage.

 

 

 

There is that.  The other hurdle for spouse visa petition is proof of bonafide relationship.  You being married to another person and having children with them are not great evidence that you and your US citizen wife have maintained strong relations.

 

It's not impossible, but I would estimate your chance of an immigration visa very very very low.

 

Why do you want to be with your first wife?  It seems like both of you have moved on.  You have your family in the UK and India to look after.  Do you want to abandon them on a longshot chance of US immigration?

[smilingstone 175]

6 hours ago, Nutcracker said:

I am divorced with my Indian wife and am single

 

No you're not. You were always married.