Elon

Here is the comprehensive document: https://faolex.fao.org/docs/pdf/rwa208272.pdf

This is well put. What we don’t agree is validity of a marriage does indeed depend on the laws of the particular jurisdiction.When we got married in Rwanda, any previous marriage wherever it happened is invalid if there is no evidence that a marriage legally occurred in that jurisdiction. I feel like I have great case regarding the legality of the marriage. My concern is about misrepresentation which is going to be a long battle. But I totally understand proving the negative in this particular instance is going to be a big deal. He might deny it but I really have strong case on the appeal.

Yeah it is pointless at this point.. I will come back once everything is over( this will take awhile). I am very confident that the card of not being free to marry will not work. Thank you all

That makes more sense, since she was still legally married. Hypothetically even if my wife was married and said this during the interview no indication that the marriage was legal. The sworn statements adds weight to an already legal marriage.

It is the same thing. They are saying that she was not free to marry me because she was already legally married to another person and even though being married to multiple people are legal in some jurisdictions, Immigration laws don’t allow polygamous. Since the marriage is legal according to immigration is legal if the jurisdiction where it happened deemed it legal, there are some exceptions if the jurisdiction where the marriage happened allows polygamy, the polygamy according to INA is illegal even though it might be legal in jurisdictions where it happened.

What was the context?

Yeah another thing is that if our marriage is valid in Rwanda, according to the immigration law, it has to be valid everywhere. Our marriage happened in Rwanda. To understand you really need to understand the complexity of this case honestly. I will get back to you guys when things are over. Like @Boiler we are going in circles but I am very confident that Director will not pull the beneficiary was not legally free to marry me charge. At least not in this particular case.

In this specific situation, I am genuinely confident in addressing the concerns raised by USCIS. It's not akin to proving abstract negatives like the non-existence of a God; rather, it's a matter of strategically demonstrating the absence of a previous marriage. I have carefully crafted a strategy.And I believe, will effectively address any doubts about legitimacy of our marriage. Your insights have been invaluable in strengthening my case, and I appreciate the guidance provided. Thank you all for your help.

They have to go with the misrepresentation. If he revokes it on polygamous ground, I am confident that I will appeal successfully. I spent quite a lot of time analyzing this case. My worry was not the validity of the marriage honestly.The burden is on me but arguing the marriage validity in my case, will be so much easier.

https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-2

How can you establish that the was a legal marriage, the legal means you know it happened and there is evidence that it happened. I can see if there was marriage certificate or some other documents that was submitted during non immigrate visas but a sworn statement on DS 160 and in front of officer alone do not make marriage legal. Legal according to what jurisdiction?

sworn statements don’t make a marriage legal. There is also other sworn statement saying that what was filled in b and f1 are not true. If marriage is valid and Rwanda never recognized the previous marriage wherever it happened, the other marriage is invalid according to the Rwandan law.

Thank you all guys. I will keep you posted. The misrepresentation is my worry here. In terms of polygamous charge, I promise I have pretty good case. Of course he will try to deny it and I will take to appeal.

True… there are tons of cases where people misrepresented about being married when they were actually not. I am sure they will deem this case misrepresentation of material fact but I doubt that on the appeal, the director will have enough evidence that the previous marriage actually happened. The law of marriage is governed where the marriage happened. My wife saying in front of consular officer or stating in her visa application doesn’t recognize legally the other person as a valid marriage.

Polygamous marriage is not recognized but they can’t deemed as such if her first Marriage is not valid( which non existent In Rwandan Jurisdiction).If that makes sense

I am sorry but you clearly don’t understand it. I recommend you read this order https://www.justice.gov/sites/default/files/eoir/legacy/2012/08/17/2711.pdf . Rwandan government recognizes our marriage as valid and Rwanda is where our marriage happened. No records shows that she has ever been married.Try and spend more time to help VJ instead of negativity

To give me more information about it general principle that the validity of a marriage for immigration purposes is governed by the law of the place where the marriage is celebrated. See Matter of Adamo, 13 I&N Dec. 26 (BIA 1968).

I will keep you all updated. My aim here is to help fellow VJ members facing similar situations navigate through the process. I totally understand the uphill battle. Despite the long journey ahead though, I don’t easily give up.Yes, my spouse has made mistakes in the past, but real people support their loved ones.Bringing this to VJ is my way of assisting others in similar situations.I kindly request avoiding negativity, as it won’t contribute positively.I have dedicated almost two years to this case, conducting thorough research and pushing forward. I promise to update on progress whether it’s a success or not. The reluctance of VJ members to share updates who had similar cases might be influenced by others here acting as if they know everything about immigration law which is inherently complex. Thank you

I totally understand but what would you like me to do, just sit and do nothing about it Lol.. I have to do something and let the USCIS decides.

Information about how to obtain civil documents in Rwanda. https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Rwanda.html

Thank you

Right, that’s what I am trying to get to. By proving that she was not married and she lied about being married( hard to prove) not impossible. And i expect them to charge the misrepresentation, and we go from there.I am reaching out to the minister of local government in Rwanda to pull all the records regarding my wife’s status. Reaching out to the Rwandan identity Agency to establish that name my wife stated as being her spouse isn’t in their database( she told me it’s a made up name). I found the certificate of her being single in 2021 before our marriage by government of Rwanda and I will use that as well. Looking to find tons of affidavits from their neighbors( she was living with her month back then). Contracts, insurance details and everything I can find to establish that she was single and she was never been married.

That’s on her past non immigrant visas that she misrepresented herself. But when asked during CR1 visa, she admitted that her previous visa application had misrepresentations in it. The misrepresentation is indisputable, she lied whether she acted on herself or on Agent’s advice. Not sure if you understand the whole case by now

You know she lied and she admitted.I am fully aware that she is responsible. What I am trying to establish here, is that she misrepresented herself in the past, acting on what the Agent advised. If they revoke based on misrepresentation charge instead of a POLYGAMOUS MARRIAGE then I will have a chance to apply for her waiver. But now I have to establish that she was single and she has never been married and she lied about it.