Citizen petition for children

[nastra30 2,370]

1 hour ago, Musama said:

Yes I became citizen after 3 years.
 

But the American wife soon to be ex put my children on my initial petition in the i130 when she first filed for me.  She knew about my small children at the time.  

How did you initially enter the US? Was it with immigrant visa through US wife's petition or another means?

Edited Thursday at 01:25 PM by nastra30

[Boiler 46,176]

16 hours ago, Musama said:

My US citizen spouse is filing for annulment and claiming marriage fraud. I gave a divorce decree that was not really registered

I assume you adjusted?

[OldUser 7,694]

4 hours ago, Musama said:

Why would filing for kids trigger it? Also, what are the odds that uscis is really hearing what she says and taking action?  I want to bring my kids from Nigeria. The American is mad but it is also my and my children right to be here in the land of free. 

Because whenever you sponsor somebody, your own immigration history is exposed and reviewed again.

 

By filing for anybody else, you're going to commit immigration fraud. Any immigration benefit you get your kids may be taken away from them many years later whenever fraud on your part is discovered.

 

There's more than ever fraud units in USCIS scrutinizing every case.  Especially from your country of origin. Especially with prior marriages involved.

 

I'm not going to go into detail, as you'd just going to think how to defraud US government again.

 

Edited Thursday at 03:30 PM by OldUser

[Demise 1,351]

19 hours ago, Musama said:

Can they denaturalize me. It was a traditional marriage from Nigeria but the divorce decree was not really correct. 

 

What do you mean by "was not really correct"?

 

Now I will admit, I am far from expert on Nigerian marital law however looking at the DOS Document Reciprocity for Nigeria (https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Nigeria.html) we can find this:

 

Many divorces for customary marriages will have no written record.  Marriages under native law and custom will also be dissolved by custom; many of these divorces are not recorded while some are recorded by a sworn affidavit after the fact. Islamic marriages may be dissolved in a Sharia Court. Many divorces for customary marriages will have no written record.  Marriages under native law and custom will also be dissolved by custom; many of these divorces are not recorded while some are recorded by a sworn affidavit after the fact. Islamic marriages may be dissolved in a Sharia Court. 

 

Like if this is a divorce decree from a Customary Court or a Sharia Court then it would still count. Similarly an affidavit just recording that you've went your separate ways would also count. As would a sworn affidavit to the same effect. If there's no official record then there's no official record and yes, US agencies do acknowledge that some countries have way looser laws.

 

 

Regarding your spouse filing for annulment, annulments are extremely difficult to actually pursue, some states allow it based on fraud (where the burden of proof is pretty damn high) and all permit it based on bigamy. If the prior marriage was dissolved under whatever laws are in effect in Nigeria then he doesn't really have a leg to stand on unless you've literally shook hands and went your separate ways after getting married. I swear, way too many salty US Citizens who got divorced will allege fraud or file for an annulment thinking that will get their ex deported.

 

In this case fight the annulment on the lack of basis for it, seek a divorce, and you'll be fine, you'll remain a citizen and the kids' I-130s will be fine too.

Edited Thursday at 08:11 PM by Demise

[Mello3 43]

9 hours ago, Musama said:

Why would filing for kids trigger it? Also, what are the odds that uscis is really hearing what she says and taking action?  I want to bring my kids from Nigeria. The American is mad but it is also my and my children right to be here in the land of free. 

IF it is fraudulent then you dont have the "right" to be here. If it is a documentation error then that is a different story.

Edited Thursday at 08:32 PM by Mello3

[Boiler 46,176]

Translation he submitted a fake divorce certificate, now the Consulate check these things, after all if I have come across this numerous times, you can imagine how many times the Consulate have seen it?

[Musama 8]

20 hours ago, nastra30 said:

How did you initially enter the US? Was it with immigrant visa through US wife's petition or another means?

My American spouse petition for me on spousal visa from Nigeria. 

[Musama 8]

20 hours ago, Boiler said:

I assume you adjusted?

I arrived in 2020 on spousal visa. My American wife petition for me and brought me to America. I applied for naturalization in 2023 and received it. I left the marriage a month later. I returned to Nigeria to see my kids. And now I’m back in America, I moved to a different state from my American wife and now I filed for my children. My divorce papers were made by a agent

. But I married traditionally to the children’s mother. Never got traditionally divorce l just got divorce papers from agent in Nigeria. Will they know of this?

Edited yesterday at 10:12 AM by Musama

[appleblossom 3,232]

3 hours ago, Musama said:

Never got traditionally divorce l just got divorce papers from agent in Nigeria. Will they know of this?

 

So just to confirm, these were completely fake papers? I’m amazed you’ve got away with this for so long then. You have had a green card and now citizenship granted in error it seems.

 

You’re risking losing your own citizenship by applying for your children.

[Mello3 43]

4 hours ago, Musama said:

I arrived in 2020 on spousal visa. My American wife petition for me and brought me to America. I applied for naturalization in 2023 and received it. I left the marriage a month later. I returned to Nigeria to see my kids. And now I’m back in America, I moved to a different state from my American wife and now I filed for my children. My divorce papers were made by a agent

. But I married traditionally to the children’s mother. Never got traditionally divorce l just got divorce papers from agent in Nigeria. Will they know of this?

Between this part and the fact that you didnt get traditional divorce papers in nigeria I'd be concerned about them revieing my case if I were you. 

[Boiler 46,176]

Catching up on my Hacking, the first is sort of relevant

 

https://www.youtube.com/live/_vNxut-DlUM?si=goynCGY6M3iL80Bf

[Musama 8]

18 hours ago, Demise said:

 

What do you mean by "was not really correct"?

 

Now I will admit, I am far from expert on Nigerian marital law however looking at the DOS Document Reciprocity for Nigeria (https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Nigeria.html) we can find this:

 

Many divorces for customary marriages will have no written record.  Marriages under native law and custom will also be dissolved by custom; many of these divorces are not recorded while some are recorded by a sworn affidavit after the fact. Islamic marriages may be dissolved in a Sharia Court. Many divorces for customary marriages will have no written record.  Marriages under native law and custom will also be dissolved by custom; many of these divorces are not recorded while some are recorded by a sworn affidavit after the fact. Islamic marriages may be dissolved in a Sharia Court. 

 

Like if this is a divorce decree from a Customary Court or a Sharia Court then it would still count. Similarly an affidavit just recording that you've went your separate ways would also count. As would a sworn affidavit to the same effect. If there's no official record then there's no official record and yes, US agencies do acknowledge that some countries have way looser laws.

 

 

Regarding your spouse filing for annulment, annulments are extremely difficult to actually pursue, some states allow it based on fraud (where the burden of proof is pretty damn high) and all permit it based on bigamy. If the prior marriage was dissolved under whatever laws are in effect in Nigeria then he doesn't really have a leg to stand on unless you've literally shook hands and went your separate ways after getting married. I swear, way too many salty US Citizens who got divorced will allege fraud or file for an annulment thinking that will get their ex deported.

 

In this case fight the annulment on the lack of basis for it, seek a divorce, and you'll be fine, you'll remain a citizen and the kids' I-130s will be fine too.

Yes that’s right. The government shouldn’t care about traditional marriage. The American wife would argue with me often and that is abuse to me. I could have filed VAWA for her shouts. She shouted at me because I didn’t let my children meet her when I would be on video call. My children belong to be with me here and if they apply for their mother that will be their choice. 

[Boiler 46,176]

Hacking calls this the Nigerian Playbook, he has seen variants of this so many times, and you will not find anyone more sympathetic than Hacking.

[Musama 8]

45 minutes ago, Boiler said:

Catching up on my Hacking, the first is sort of relevant

 

https://www.youtube.com/live/_vNxut-DlUM?si=goynCGY6M3iL80Bf

Will they see my petition for tourist visa in 2017? I applied with my traditional wife as married but were denied tourist visa at that time. I then met my American wife online in 2017 and we married 2018. 

Edited 23 hours ago by Musama

[Boiler 46,176]