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  • Special case, please read carefully

    Hi everyone,

    I was married to a US citizen 1/2009 and got conditional green card 6/2009. Had conditions removed 7/2012. But divorced in 3/2013. There was some sort of clinch in the divorce process. In details: in 6/2009 we were separated, but I kept contact with my mother in law and her via emails trying to resolve some issues. But my trials went for nothing and couldn't convince her to come back. She filed for divorce first in AZ in 10-11/2012 but it couldn't be processed cause she wasn't a resident in AZ for 90 days at least before filing. She filed again, and last thing I heard is that she was scheduled for hearing in 11/2012, and she will get the decree. I thought everything is over and we are divorced. She said she will send me a copy of the decree.

    However, after awhile, I couldn't reach her. Called family in law and found out she left for Canada and got married and even had a kid. I asked family in law to follow up with her so she sends the decree to me, but they couldn't reach her as she didn't disclose her mailing address. Honestly, after separation, I was looking for a date. Anyways, during an air festival I happened to meet a guy from the same background of mine who later on became a friend of mine. After awhile, I told him about my intentions to know someone for the purpose of marriage. He recommended one of his family and gave me contacts. I started dating online, phone, then I visited first time in 9/2012. things went well, and we decided to get married in 12/2012, and we did. BTW, I told her everything about the first marriage.

    I came back to the US in 1/2013, and found a letter from the court that I wasn't divorced cause the case was dismissed because my ex didn't follow up with it. So I was faced with the fact that at some point of time, between 12/2012 to 1/2013 I was legally married to 2 women. That's why when I came back, I (right away) filed for divorce from the ex, and it was granted by publication (couldn't reach ex to disclose her address) in 3/2013.

    Now for the period from 12/2012 to 3/2013 I found myself married to 2. As you can tell from the sequence of events, it wasn't by intention. But I am not sure how immi officer will look into that. My question is: now I am few months to my 5th year after getting the first GC (6/2009-6/2014), I am on a green card (valid for 10 years) and wondering is it possible to petition my wife (out of the country) for a green card? If yes or no, please explain why? If yes, will the immi officer look at it as polygamy and revoke my permanent green card, or moreover, be a red flag for my application to apply for N400?

    Please any insightful professional advice is highly encouraged.

    Thanks
    QW

  • #2
    You have to marry the new wife again, and disregard the earlier marriage as being invalid.

    Don't try to petition the new gal as a fiancee. Even though you were not legally married to her, the "illegal" marriage will be interpreted as an impediment and the fiancee petition or visa may be denied by either USCIS or the foreign processing location.

    -Ray B

    Originally posted by melsorady View Post
    Hi everyone,

    I was married to a US citizen 1/2009 and got conditional green card 6/2009. Had conditions removed 7/2012. But divorced in 3/2013. There was some sort of clinch in the divorce process. In details: in 6/2009 we were separated, but I kept contact with my mother in law and her via emails trying to resolve some issues. But my trials went for nothing and couldn't convince her to come back. She filed for divorce first in AZ in 10-11/2012 but it couldn't be processed cause she wasn't a resident in AZ for 90 days at least before filing. She filed again, and last thing I heard is that she was scheduled for hearing in 11/2012, and she will get the decree. I thought everything is over and we are divorced. She said she will send me a copy of the decree.

    However, after awhile, I couldn't reach her. Called family in law and found out she left for Canada and got married and even had a kid. I asked family in law to follow up with her so she sends the decree to me, but they couldn't reach her as she didn't disclose her mailing address. Honestly, after separation, I was looking for a date. Anyways, during an air festival I happened to meet a guy from the same background of mine who later on became a friend of mine. After awhile, I told him about my intentions to know someone for the purpose of marriage. He recommended one of his family and gave me contacts. I started dating online, phone, then I visited first time in 9/2012. things went well, and we decided to get married in 12/2012, and we did. BTW, I told her everything about the first marriage.

    I came back to the US in 1/2013, and found a letter from the court that I wasn't divorced cause the case was dismissed because my ex didn't follow up with it. So I was faced with the fact that at some point of time, between 12/2012 to 1/2013 I was legally married to 2 women. That's why when I came back, I (right away) filed for divorce from the ex, and it was granted by publication (couldn't reach ex to disclose her address) in 3/2013.

    Now for the period from 12/2012 to 3/2013 I found myself married to 2. As you can tell from the sequence of events, it wasn't by intention. But I am not sure how immi officer will look into that. My question is: now I am few months to my 5th year after getting the first GC (6/2009-6/2014), I am on a green card (valid for 10 years) and wondering is it possible to petition my wife (out of the country) for a green card? If yes or no, please explain why? If yes, will the immi officer look at it as polygamy and revoke my permanent green card, or moreover, be a red flag for my application to apply for N400?

    Please any insightful professional advice is highly encouraged.

    Thanks
    QW

    Comment


    • #3
      Originally posted by rayb View Post
      You have to marry the new wife again, and disregard the earlier marriage as being invalid.

      Don't try to petition the new gal as a fiancee. Even though you were not legally married to her, the "illegal" marriage will be interpreted as an impediment and the fiancee petition or visa may be denied by either USCIS or the foreign processing location.

      -Ray B
      I can't petition for fiancee as I am not US citizen yet.
      I can't marry my current wife twice as I am already married to hear. I know it is not valid in the US, but now I am married to one only. Plus, in her home country, I can't marry her unless she is in the US. I can't marry her in her home country as we already married. As in the US they don't recognize this marriage and see it as invalid. In her country they see it as valid, and I can't remarry someone I am already married to, unless I divorce her then remarry her, which is not legal in her country. Any thoughts???

      Comment


      • #4
        You seem to be playing "yes, but..." with this problem. The advice I gave you will work, depending on which country the marriage took place in.

        I've worked with people with almost identical situations as what you are describing.

        If you married in the Philippines, you will have to get your marriage to her annulled in the states as being invalid due to the first marriage not being properly terminated. Your U.S. annulment will then have to be registered in the Philippines through a legal recognition and recording at the national level (NSO). If you are a Philippine citizen, a divorce in the States would not be recognized there, but a legal annulment in the states (not the same as an annulment in the Philippines) should be recognized to terminate a marriage that was not entirely legal.

        If your second marrriage occurred in any other country, the rules may be different.

        I never suggested that you petition her as a fiance, since you already told us that you were not yet a U.S. citizen.

        In what country did the second marriage occur?

        --Ray B

        Originally posted by melsorady View Post
        I can't petition for fiancee as I am not US citizen yet.
        I can't marry my current wife twice as I am already married to hear. I know it is not valid in the US, but now I am married to one only. Plus, in her home country, I can't marry her unless she is in the US. I can't marry her in her home country as we already married. As in the US they don't recognize this marriage and see it as invalid. In her country they see it as valid, and I can't remarry someone I am already married to, unless I divorce her then remarry her, which is not legal in her country. Any thoughts???

        Comment


        • #5
          Originally posted by rayb View Post
          You seem to be playing "yes, but..." with this problem. The advice I gave you will work, depending on which country the marriage took place in.

          I've worked with people with almost identical situations as what you are describing.

          If you married in the Philippines, you will have to get your marriage to her annulled in the states as being invalid due to the first marriage not being properly terminated. Your U.S. annulment will then have to be registered in the Philippines through a legal recognition and recording at the national level (NSO). If you are a Philippine citizen, a divorce in the States would not be recognized there, but a legal annulment in the states (not the same as an annulment in the Philippines) should be recognized to terminate a marriage that was not entirely legal.

          If your second marrriage occurred in any other country, the rules may be different.

          I never suggested that you petition her as a fiance, since you already told us that you were not yet a U.S. citizen.

          In what country did the second marriage occur?

          --Ray B
          Morocco.

          And I am not playing Sir. Please try to understand my difficult situation. If the way I wrote made it sound like I am playing excuse my imperfect English.

          Plus, how can I divorce someone in the US and I am not married her in the US, and 2nd marriage is not recognized in the US? Is that what are you trying to suggest here? If so, it is more of playing with laws and getting around it just to justify me marrying her again for the purpose of immigration.

          Comment


          • #6
            In my last response to you, I recommended that you ANNUL the second marriage. An annulment is not the same as a divorce. It terminates a marriage that was not considered legal to begin with. Once the annulment is completed, you are free to remarry the second gal. Get the annulment done in the U.S. In Nevada, it will be quickest, but you must have proof of six-weeks residency in Nevada to start the procedure. The marriage does not have to have been in the U.S. to do an annulment in the U.S.

            --Ray B

            Originally posted by melsorady View Post
            Morocco.

            And I am not playing Sir. Please try to understand my difficult situation. If the way I wrote made it sound like I am playing excuse my imperfect English.

            Plus, how can I divorce someone in the US and I am not married her in the US, and 2nd marriage is not recognized in the US? Is that what are you trying to suggest here? If so, it is more of playing with laws and getting around it just to justify me marrying her again for the purpose of immigration.

            Comment


            • #7
              Originally posted by rayb View Post
              In my last response to you, I recommended that you ANNUL the second marriage. An annulment is not the same as a divorce. It terminates a marriage that was not considered legal to begin with. Once the annulment is completed, you are free to remarry the second gal. Get the annulment done in the U.S. In Nevada, it will be quickest, but you must have proof of six-weeks residency in Nevada to start the procedure. The marriage does not have to have been in the U.S. to do an annulment in the U.S.

              --Ray B
              Do you mean to annul in US and register annulment in morocco, then remarry in morocco? If that's what you mean, in morocco they don't recognize annulment, it's either marriage or divorce, nothin gray! That's what I am trying to say.

              Comment


              • #8
                Okay, then divorce in the U.S., register the divorce in Morocco, then remarry in Morocco.

                I understand your frustration, and that the conflict between Sharia law in Morocco and U.S. family law are a barrier to your smooth completion.

                I find it curious that you earlier made an assumption that your first marriage had been dissolved by divorce, but had no proof of the completed divorce. Any subsequent immigration procedure for your new wife or even for a fiancee would have required that divorce proof.

                --Ray B





                --Ray B

                Originally posted by melsorady View Post
                Do you mean to annul in US and register annulment in morocco, then remarry in morocco? If that's what you mean, in morocco they don't recognize annulment, it's either marriage or divorce, nothin gray! That's what I am trying to say.

                Comment


                • #9
                  Originally posted by rayb View Post
                  Okay, then divorce in the U.S., register the divorce in Morocco, then remarry in Morocco.

                  I understand your frustration, and that the conflict between Sharia law in Morocco and U.S. family law are a barrier to your smooth completion.

                  I find it curious that you earlier made an assumption that your first marriage had been dissolved by divorce, but had no proof of the completed divorce. Any subsequent immigration procedure for your new wife or even for a fiancee would have required that divorce proof.

                  --Ray B





                  --Ray B
                  To divorce in us and register in morocco then remarry is considered just playing with law to get her US benefits. It is almost impossible to do that in morocco. It took me like 3 months with lath of paper collection just to get a marriage certificate there!

                  Is it possible that she comes on student visa then marry her? If so, and since our marriage not valid now, though I am official divorced from my ex, can she states she is single in her student visa application? And that I am her financial sponsor as friend?

                  Comment


                  • #10
                    Melsorady,

                    Anything is "possible," but for a student visa, you must get a school to provide the acceptance paperwork for USCIS, after the school is satisfied that all the student fees and living expenses can be borne by you. The embassy must then approve her student-status view.

                    Once in the U.S. you should then annul the second marriage, because it wasn't legal, and then remarry her here.

                    This plan is contingent on her being approved for a nonimmigrant student visa.

                    I think the problem here is that you are reluctant to deal with the system in Morocco to get your marital status fixed. Given that reluctance, your only option is to find another way to get your gal to the U.S., and get the marital status fixed here.

                    --Ray B

                    Originally posted by melsorady View Post
                    To divorce in us and register in morocco then remarry is considered just playing with law to get her US benefits. It is almost impossible to do that in morocco. It took me like 3 months with lath of paper collection just to get a marriage certificate there!

                    Is it possible that she comes on student visa then marry her? If so, and since our marriage not valid now, though I am official divorced from my ex, can she states she is single in her student visa application? And that I am her financial sponsor as friend?

                    Comment


                    • #11
                      Originally posted by rayb View Post
                      Melsorady,

                      Anything is "possible," but for a student visa, you must get a school to provide the acceptance paperwork for USCIS, after the school is satisfied that all the student fees and living expenses can be borne by you. The embassy must then approve her student-status view.

                      Once in the U.S. you should then annul the second marriage, because it wasn't legal, and then remarry her here.

                      This plan is contingent on her being approved for a nonimmigrant student visa.

                      I think the problem here is that you are reluctant to deal with the system in Morocco to get your marital status fixed. Given that reluctance, your only option is to find another way to get your gal to the U.S., and get the marital status fixed here.

                      --Ray B
                      Ray, please try to understand it's not that I "reluctant" it's that I tried it once when I was there and took me almost a month just for papers, not to mention asses I had to kiss to get something as legal as anything there, it's their stupid system is the problem. Not me!

                      The reason I asked about student visa, is because I discussed all options with my "supposed" wife and already in contact with a school here that approved me as financial sponsor. In case she got approved and has I 20 handy, my question is, and please excuse me if I am asking it again: given the fact that she is applying for a US benefit ( student visa ) and according to US law her current marriage isn't valid, is it okay (from US law point if view) that she states she is single, and I am her sponsor as friend?

                      - - - Updated - - -

                      Originally posted by rayb View Post
                      Melsorady,

                      Anything is "possible," but for a student visa, you must get a school to provide the acceptance paperwork for USCIS, after the school is satisfied that all the student fees and living expenses can be borne by you. The embassy must then approve her student-status view.

                      Once in the U.S. you should then annul the second marriage, because it wasn't legal, and then remarry her here.

                      This plan is contingent on her being approved for a nonimmigrant student visa.

                      I think the problem here is that you are reluctant to deal with the system in Morocco to get your marital status fixed. Given that reluctance, your only option is to find another way to get your gal to the U.S., and get the marital status fixed here.

                      --Ray B
                      One more point, if school and all paperwork is okay and get to go from school, you said embassy must prove her ? I feel some skepticism because nothing is must with baddy they give visas based on their guts feeling. Even if all papers before their eyes.

                      Comment


                      • #12
                        Melsorady,

                        Given my better picture now of the difficulties you have faced with this problem, I would have to agree that a student visa is the most favorable way to get your young lady here. She has to report her marital status as "single," but with a well-documented explanation.

                        --Ray B

                        Originally posted by melsorady View Post
                        Ray, please try to understand it's not that I "reluctant" it's that I tried it once when I was there and took me almost a month just for papers, not to mention asses I had to kiss to get something as legal as anything there, it's their stupid system is the problem. Not me!

                        The reason I asked about student visa, is because I discussed all options with my "supposed" wife and already in contact with a school here that approved me as financial sponsor. In case she got approved and has I 20 handy, my question is, and please excuse me if I am asking it again: given the fact that she is applying for a US benefit ( student visa ) and according to US law her current marriage isn't valid, is it okay (from US law point if view) that she states she is single, and I am her sponsor as friend?

                        - - - Updated - - -



                        One more point, if school and all paperwork is okay and get to go from school, you said embassy must prove her ? I feel some skepticism because nothing is must with baddy they give visas based on their guts feeling. Even if all papers before their eyes.

                        Comment


                        • #13
                          Originally posted by rayb View Post
                          Melsorady,

                          Given my better picture now of the difficulties you have faced with this problem, I would have to agree that a student visa is the most favorable way to get your young lady here. She has to report her marital status as "single," but with a well-documented explanation.

                          --Ray B
                          Ray; let's have the student visa aside for a moment as a possible solution for now, but let's read the following section of IL family law that I found online and consulted an IL family law attorney about it. I quoted a big part of the law but what is relevant to me is: {750 ILCS 5/2012(a) (1) and 750 ILCS 5/2012(b).}

                          (750 ILCS 5/212) (from Ch. 40, par. 212)
                          (Text of Section before amendment by P.A. 98-597)
                          Sec. 212. Prohibited Marriages.
                          (a) The following marriages are prohibited:
                          (1) a marriage entered into prior to the dissolution of an earlier marriage of one of the parties;
                          (2) a marriage between an ancestor and a descendant or between a brother and a sister, whether the relationship is by the half or the whole blood or by adoption;
                          (3) a marriage between an uncle and a niece or between an aunt and a nephew, whether the relationship is by the half or the whole blood;
                          (4) a marriage between cousins of the first degree;
                          however, a marriage between first cousins is not prohibited if:
                          (i) both parties are 50 years of age or older; or
                          (ii) either party, at the time of application for a marriage license, presents for filing with the county clerk of the county in which the marriage is to be solemnized, a certificate signed by a licensed physician stating that the party to the proposed marriage is permanently and irreversibly sterile;
                          (5) a marriage between 2 individuals of the same sex.
                          (b) Parties to a marriage prohibited under subsection (a) of this Section who cohabit after removal of the impediment are lawfully married as of the date of the removal of the impediment.

                          I have been cohabiting with my wife in Morocco after 3/2013, I visited her in June, 2013 (for 1 month, attended her grandpa funeral BTW) and Oct. 2013 for (1 week), I have my boarding passes, hotel reservations, money transfer to her every month (this one actually started since engagement till now) I am also planning for another visit sometime early next year.

                          When I consulted an IL family law attorney today, he told me: based on the given law and date of divorce 3/2013 an I have been cohabiting with the wife in morocco, my marriage in morocco is valid now (since divorce in 3/2013).

                          I would like to take your opinion on this one?
                          Last edited by melsorady; 11-27-2013, 08:57 PM.

                          Comment


                          • #14
                            Melsorady,

                            I can buy this legal direction, which seems perfectly logical and in sync with our English law legacy. In your place, this would be my direction. I had never seen the issue (legality of marriage which occurred before legal termination of prior marriiage) explained in such a specific manner.

                            My concern since you brought this up, however, has been how your average USCIS and State Department reviewers will react when seeing your second marriage date of ???? (before 3/2013) and earlier marriage termination date of 3/2013). You will need to be prepared to offer a well-written succinct description of what happened with the divorce processing, proof that you believed it to be completed, and your subsequent divorce action to avoid being considered a bigamist by your earlier message. Your explanation should be coupled with the legal citations you provided below.

                            When almost any reviewer sees the two dates side by side, his hackles will go up, since he will immediately pounce on the inconsistency as evidence that you were trying to "circumvent the requirements" by marrying too soon.

                            --Ray B

                            Comment


                            • #15
                              F3 , PD Jun 30, 2004

                              I received my COA back in October 2009. Then in March 2010, another letter stating stating that this letter contains instructions for processing the immigrant visa case for....... We have received all necessary Immigrant Visa fees for this case, and to follow instruction at the Department of State Website: Then in Nov 2010 a third letter stating that, because of recent change in my classification or change in the dates used to begin the visa application process, visa numbers are not presently available for your visa category.

                              From the begin I was filed under the F3 category, but I guess there was an error with my early processing.

                              Question.... I already submmitted all civil documents, paid my visa bill, summited my COA and my AOS. Do I have to redo any of these processing again, has this happened before? Thanks

                              Comment

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