very very critical issue (merged with update)

[janu.bacha 0]

Dear All Seniors:
Good morning. I am writing this mail about proxy marriage on behalf of my friend because he is nill in English.
my friend did proxy marriage because he was living abroad ( not usa) with girl who was living at his back home country.after some time of proxy marriage he applied for usa visit visa and mentioned his Status as married. he got us visit visa and came to usa. during his visit he fall in love with us citizen and wanna get marry with her. but the problem is that ho he can fix his proxy marriage .
following are notable point.
1. My friend was living abroad and since he lefted his country he never go back over there even after his proxy marriage. he never see her after proxy.
2. proxy marriage is acceptable in his home country but not in that country where he was living at the time of proxy marriage.
3. he don't have any certificate or paper or any thing of his proxy marriage.
4. in his back home country after religious marriage it must be registered in government office my friend sent his friend to checked that if marriage is register or not and he came to know that no marriage registered in any office at his back home.

My questioned is that how he can fix it if the answer is divorce then how he can do even its not register in any government office.
I hope seniors will help in this regards.
Thanks

[KayDeeCee 4,893]

I am guessing he wants to marry the US citizen and apply to adjust status?

[Ryan H 3,813]

Duplicate threads removed; please do not post more than one thread on the same issue.

[janu.bacha 0]

Dear Kaydeecee.

what do u mean by that ? don't be guess ok please .

Thanks

[KayDeeCee 4,893]

I can only guess based on what you posted here. I am not a mind reader, which is why I was asking if he wants to marry a US citizen to stay in the US and file for adjustment of status. Is that his plan or not?

He cannot marry someone else without legally terminating his first marriage. If his first marriage was not registered anywhere, then it does not seem he was legally married to begin with and obviously the marriage was not consummated if he never saw her in person. His issue with filing for AOS might be that his tourist visa application status stated he was married, so turning around and telling the USCIS that he was never actually married would be a bad idea. He would need to find a way to show he terminated/annulled the first marriage. Perhaps consult with an immigration attorney or two about the best way to deal with his predicament.

Edited January 27, 2015 by KayDeeCee

[janu.bacha 0]

I can only guess based on what you posted here. I am not a mind reader, which is why I was asking if he wants to marry a US citizen to stay in the US and file for adjustment of status. Is that his plan or not?

He cannot marry someone else without legally terminating his first marriage. If his first marriage was not registered anywhere, then it does not seem he was legally married to begin with and obviously the marriage was not consummated if he never saw her in person. His issue with filing for AOS might be that his tourist visa application status stated he was married, so turning around and telling the USCIS that he was never actually married would be a bad idea. He would need to find a way to show he terminated/annulled the first marriage. Perhaps consult with an immigration attorney or two about the best way to deal with his predicament.

dear KAYdeecee

definitely if he fall in love with us citizen then he wants to marry her also. anyway when he filled his visit visa application he did not knew that marriage is not registered it was in his mind that its proper marriage so that's why he mentioned because he was not over there to register this proxy marriage by self

[Penguin_ie 5,994]

He is going to have issues; it is easier to get a tourist visa when married and the spouse is staying abroad.

Now he got said tourist visa, he fell in love with a US citizen and wants to stay here.

At the very least, I would prepare a lot of information about the first "marriage" (why did he enter it? How long did they know eachother? why proxy marriage?), have affadavits from local friends and family- and ideally the "ex spouse" saying they are not legally married. Then explain how come he was able to drop it so easily to fall in love with another. Then have the US citizen visit him at home several times, build up a relationship, and proof of that, over many months and many visits to show it is bonafide.

[Darnell 8,478]

well, the info in the G-325-A must match the info in the tourist visa application unless there is a divorce decree to show

even with that said, since you refused to give over country names on 'friend' and 'friend's spouse',

then i think you are fishing.

i hate fishing expeditions here. seriously.

[NigeriaorBust 4,087]

He shouldn't even marry now. He needs to get the proxy marriage corrected. The easiest way may involve returning home and divorcing there , then he can worry about marriage to the US person. Your friend has a bad habit a using women for his own personal gain. I am sure he did the proxy marriage for some advantage ( like to say he was married on the tourist visa ) and if he tries to explain he lied on the tourist visa he may face a lifetime ban and never be able to come to the US again, How long has he been in the US ? getting married in the 6 months allowed on a tourist visa is very fishy

[aaron2020 11,651]

Dear All Seniors:

Good morning. I am writing this mail about proxy marriage on behalf of my friend because he is nill in English.

my friend did proxy marriage because he was living abroad ( not usa) with girl who was living at his back home country.after some time of proxy marriage he applied for usa visit visa and mentioned his Status as married. he got us visit visa and came to usa. during his visit he fall in love with us citizen and wanna get marry with her. but the problem is that ho he can fix his proxy marriage .

following are notable point.

1. My friend was living abroad and since he lefted his country he never go back over there even after his proxy marriage. he never see her after proxy.

2. proxy marriage is acceptable in his home country but not in that country where he was living at the time of proxy marriage.

3. he don't have any certificate or paper or any thing of his proxy marriage.

4. in his back home country after religious marriage it must be registered in government office my friend sent his friend to checked that if marriage is register or not and he came to know that no marriage registered in any office at his back home.

My questioned is that how he can fix it if the answer is divorce then how he can do even its not register in any government office.

I hope seniors will help in this regards.

Thanks

He is married. That is what he needs to fix.

He needs to show a divorce.

If he married the US citizen and hides his proxy marriage, then he is committing immigration fraud and committing the crime of bigamy.

He needs to go home and get a divorce.

[raven52 233]

it would seem, he has a "huge shadow" hanging over him, with the first situation.

I believe I would get that situation completely removed from his life, then proceed with his new love.

I do not think it wise to have this in his "past" and maybe, it is still active, maybe not.

He probably needs a very knowledgeable attorney.

[KayDeeCee 4,893]

dear KAYdeecee

definitely if he fall in love with us citizen then he wants to marry her also. anyway when he filled his visit visa application he did not knew that marriage is not registered it was in his mind that its proper marriage so that's why he mentioned because he was not over there to register this proxy marriage by self

Yes, he wants to marry. He could marry and go back to his own country and they could file for a spousal visa, though I do not suggest he marry without dealing with his current marriage. He could return home, get the proxy marriage terminated and documented, and then try for a K-1 visa to enter the US and marry later. There were other options besides he wants to marry and stay in the US and file for AOS.

So, you seem to infer he wants to stay in the US now and not leave, though you never state this outright.

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~

[janu.bacha 0]

Thanks to All of you . very thanks to helping us with your views and experience. i agreed with all of you . but let me share something with all of you i asked my friend the reason to mention his proxy marriage in visit visa forum if it was not valid where he was living .he said he just wanted to clear and straight with embassy and didn't wanted to hide he says he thought that VO will ask about marriage in interview that if you married then why not u went back to your country to see her or bring her or how you get marry if you are here for long time and never go back to your country then i will explain to VO. he say VO had not asked about my marry wife or anything related my marriage he just asked since how long you are here in this country.

All i can say that situation is unclear futuremore Usa law Regarding Proxy marriage said that proxy marriage is not valid until its consummated.

Now 1 marriaed not valid where he was plus married not valid in usa because its not consummated yet.its very confusing to get divorce if marriage not exist.

what u think?

[aaron2020 11,651]

Thanks to All of you . very thanks to helping us with your views and experience. i agreed with all of you . but let me share something with all of you i asked my friend the reason to mention his proxy marriage in visit visa forum if it was not valid where he was living .he said he just wanted to clear and straight with embassy and didn't wanted to hide he says he thought that VO will ask about marriage in interview that if you married then why not u went back to your country to see her or bring her or how you get marry if you are here for long time and never go back to your country then i will explain to VO. he say VO had not asked about my marry wife or anything related my marriage he just asked since how long you are here in this country.

All i can say that situation is unclear futuremore Usa law Regarding Proxy marriage said that proxy marriage is not valid until its consummated.

Now 1 marriaed not valid where he was plus married not valid in usa because its not consummated yet.its very confusing to get divorce if marriage not exist.

what u think?

Nothing confusing about this. He is not free to marry until he legally ends the first marriage.

Seems you want to shop around until someone say it's okay for him to marry.

[janu.bacha 0]

New Updated (http://www.visajourney.com/forums/topic/533598-very-very-critical-issue/#entry7449310)

Dear All seniors:

this update is in regard of my following question.

we met 4 immigration lawyers . All said if marriage not exist then how you can use the option of divorce. Then we asked for solutions;

2 said : Get NOC from your back home country about he is single till to date in their record & in interview explained to the officer about that he thought it is marriage but its not register anywhere .

1 lawyer said get affidavit from his so called wife and witnesses that its not registered any where and we are still single and presented these affidavit to the officer during interview.

last immigration lawyer said he can apply for asylum first ( because he lefted his home country 6 years ago and never go back due to some political issue). once he applied for asylum and in application left the marriage column blank and write one note to officer and mentioned all about proxy marriage in it in this way he come to know that what USCIS think or consider about his marriage if they think to it its valid married then get divorce first otherwise if it in not valid then he can go marriage with us citizen without worry and in relative petition interview when the office ask visit visa application marriage he can give a reference that uscis not consider it valid. he said that his asylum application and green card application through marriage can go in parallel at same time or he can hold asylum case till decision of his green card marriage application or he can withdraw his asylum application .

Dear all seniors what you think about all this what is best option