K1 visa confusion

[MeAlone 158]

Hmmm...polygamy is not legal in Nigeria. That's why, when you apply for a Nigerian marriage license, they post the document, along with passport photos of the intended bride and groom for 21 days - so that if there are other spouses, they can, in theory, come forward and object.

My friends here in the States always get a laugh out of watching the first five minutes of our civil marriage that took place at a Local Government Marriage Registry, in Nigeria - the first 5 minutes of the ceremony consists of the officiant describing all the ways that the bride and groom can find themselves imprisoned for 5 years - entering into a polygamist marriage being one reason. The officiant is careful to describe that if the bride or groom has entered into a polygamist marriage through a traditional ceremony - that is an offense that is punishable by jail time.

Before you run off and try to make this good, by going through a civil marriage, I think it in your best interest if you consult an attorney who is well versed on, not just immigration, but also the Nigerian Marriage Act of 1990.

Thank you so much, now it's more clear. It's good to know how the things work in Nigeria. I see the law there is very strict about it.

Topic Starter really is in a bad situation, she declared herself as married applying for B visa before and now, even if she marries by law her husband and applies for the US marriage visa, American immigration will ask her about the previous marriage and ask for her divorce certificate, she will need to explain how she was married and to whom and there will be a problem, specially if her man was legally married to an American and got his citizenship through the marriage, he can go to jail in America too. Sorry, I don't wish to scary or make feel bad anybody but immigration takes very serious all things about the previous marriages, even us, US citizens, we need to provide divorce or death certificates for each marriage we had. And during the immigration process is not only investigated by the government because the government wants to prevent any intention of fraud but also for the couple to be very sure all is well and no lies or legal problems around.

Not a good situation for the Topic Starter, in my opinion and good luck!

Tasha

[Kosi Wahala 153]

These scenarios are what make Nigeria a high-risk of fraud country in the eyes of USCIS and The Department of State. This is also why the Consulate in Lagos is one of, if not *the*, toughest Consulate to obtain a visa from. This is why it takes so long to process a marriage or fiancé based visa there...even for people who have done things strictly according to the letter of the law. The Consulate folks there have seen it all - and there is no way of pulling one over on them. That is why I will say again, and I would caution that the only advice you should be getting from this forum, right now, is to seek the advice of a competent attorney.

If your "husband" is a naturalized U.S. Citizen, or a Legal Permanent Resident, and he came here originally based on marriage to a U.S. Citizen - this could open up a whole world of problems for him. I am *not* an attorney, but I will say that if this is the case with him, and how he came to be here in the United States, he probably wouldn't be put in jail here, but he would certainly be at risk of having his citizenship or green card revoked, if you attempt to "fix" this all on your own. If that happens, then deportation is on the table, and a ban from entering the United States would be the ultimate consequence.

Seek the advice of an attorney.

[David & Diana R 1,005]

Hello all. I'm new here and need urgent advice.

I applied for a B visa not quite long ago but got denied. In my B visa I applied as married because I am married traditionally.

Thing is now my husband wants to file a k1 visa for me because at the time we had our traditional wedding he was still legally married to his ex wife and that should count as a polygamous marriage for US immigration purposes even though it is recognized and valid where I come from.

My fear is I hope my putting married in my previous B application will not jeopardize my k1 visa. We have a traditional marriage affidavit dated almost 4 years now and his divorce was only completed this year. Please I need your help and suggestions.

Do we continue with K1 or file a CR1?

Married = NO K-1

[Ebunoluwa 6,136]

In Nigeria polygamous marriages under customary law and for Muslims are legally recognized but not under Christian civil

law (court registration). In multicultural Nigeria, especially the northern states 2-4 wives are common among Muslims.
That becomes irrelevant because USA law does not allow it. Period.

If a married (perhaps separated) USC who has a traditional ceremony with another woman and

NO LEGAL REGISTRATION of said ceremony was done, would be losing citizenship if naturalized is far fetched.

The fact remains that the embassy will deny a K1 in such an instance. Guaranteed.
A CR1 will undergo scrutiny, perhaps will be returned but would be re affirmed with well put together documentation and disclosure.
I do not see USCIS denying a petition with a traditional ceremony that was not registered even though the USC's divorce was

not yet final. Lets not get carried away and talk about stripping a USC of citizenship and throwing him in jail.
Bad scenario, really bad move but it takes more to strip citizenship, deportation and jail.

IF it was registered, then of course the petition would be denied because he/she was not free to marry.

I have seen embassies in other countries letting a church ceremony slip by for a K1 because no papers were signed,

very risky and definitely asking for trouble. Do not do this ! It is a stupid move.

Edited December 14, 2016 by Ebunoluwa

[Kosi Wahala 153]

If a married (perhaps separated) USC who has a traditional ceremony with another woman and

NO LEGAL REGISTRATION of said ceremony was done, would be losing citizenship if naturalized is far fetched.

The fact remains that the embassy will deny a K1 in such an instance. Guaranteed.

A CR1 will undergo scrutiny, perhaps will be returned but would be re affirmed with well put together documentation and disclosure.

I do not see USCIS denying a petition with a traditional ceremony that was not registered even though the USC's divorce was

not yet final. Lets not get carried away and talk about stripping a USC of citizenship and throwing him in jail.

Bad scenario, really bad move but it takes more to strip citizenship, deportation and jail.

I think you missed my point, and besides that we are all supposing a lot of information here based upon the little that the OP gave us....But, I asked if the USC spouse was originally from Nigeria. If so, and he immigrated to the United States based upon marriage, and now enters into a traditional marriage while still married, he most certainly could put his citizenship or LPR at risk.

But, again, we are all supposing a lot...and way too much supposition to advise the OP to go ahead and apply for a CR-1. She needs to seek competent legal advice. The embassy in Lagos is known for looking at a traditional marriage in Nigeria...even an engagement ceremony as a full-deal wedding. Just sayin'.

[Ebunoluwa 6,136]

I think you missed my point, and besides that we are all supposing a lot of information here based upon the little that the OP gave us....But, I asked if the USC spouse was originally from Nigeria. If so, and he immigrated to the United States based upon marriage, and now enters into a traditional marriage while still married, he most certainly could put his citizenship or LPR at risk.

But, again, we are all supposing a lot...and way too much supposition to advise the OP to go ahead and apply for a CR-1. She needs to seek competent legal advice. The embassy in Lagos is known for looking at a traditional marriage in Nigeria...even an engagement ceremony as a full-deal wedding. Just sayin'.

If the ex wife of the USC would be able to prove beyond doubt that the marriage was entered by fraud then yes, it could happen

and he could lose his citizenship if naturalized due to fraud (no good faith marriage / marriage was entered for immigration benefits)

but not merely for having a traditional ceremony because the divorce was not finalized.

We have no idea if the USC was born in the USA or was naturalized, therefore the whole losing citizenship point is not

relevant to the OP's topic.

[Kosi Wahala 153]

We don't know if it is, or is "not" relevant to the OP's topic....which is why I continue to suggest that the OP speak with an attorney. I'd hate to see her run off and take advice from this forum, when we don't know all the details.

[MeAlone 158]

I know the topic starter and others in similar situation are reading and I would like to add that if her husband is a naturalized by marriage USC, there is a 5 years rule to bring a new foreign wife or fiance

Did he obtain his green card by marrying that US citizen? If yes, he has to wait 5 years after his green card was approved before he can file for a new spouse. And even then, there may be suspicion if there are indicators that you might have known him before he got his GC (e.g. you originally come from the same country and city).

The other aspect is that if he was already separated or filed for divorced during his citizenship process, that would have made him ineligible for citizenship via the 3 year rule. If he attempts to sponsor another spouse, he will have to provide the divorce decree, and if it shows that he was already separated or already filed for divorce before his citizenship was granted, they could revoke his citizenship. Or more likely, since revoking citizenship is difficult and expensive, they would settle for the easier task of denying the green card petition that he filed for you.

Topic Starter says they had the traditional marriage years ago, sounds like he is from the same country and did the traditional marriage there.

Tasha

[Kosi Wahala 153]

I know the topic starter and others in similar situation are reading and I would like to add that if her husband is a naturalized by marriage USC, there is a 5 years rule to bring a new foreign wife or fiance

Did he obtain his green card by marrying that US citizen? If yes, he has to wait 5 years after his green card was approved before he can file for a new spouse. And even then, there may be suspicion if there are indicators that you might have known him before he got his GC (e.g. you originally come from the same country and city).

The other aspect is that if he was already separated or filed for divorced during his citizenship process, that would have made him ineligible for citizenship via the 3 year rule. If he attempts to sponsor another spouse, he will have to provide the divorce decree, and if it shows that he was already separated or already filed for divorce before his citizenship was granted, they could revoke his citizenship. Or more likely, since revoking citizenship is difficult and expensive, they would settle for the easier task of denying the green card petition that he filed for you.

Topic Starter says they had the traditional marriage years ago, sounds like he is from the same country and did the traditional marriage there.

Tasha

I know a lot of couples who had traditional marriages in Nigeria, when one spouse was not from there. It's just tough to answer OP's question without knowing more details.

As for us...my husband and I decided to marry at the Local Government Registry - it was still amazing. His entire family was there, and a dear friend of the family blessed me by being father of the bride. Now we are looking forward to having our marriage convalidated by my pastor at my home parish, as soon as my husband arrives - at the same Mass in which my husband will be welcomed into the Catholic Church.

I have a son who was born out of wedlock some 12 years ago. When we let him greet the women at the Registry Office, via FaceTime, when we were there for our counseling session, we were immediately told that I needed to swear out an affidavit at the High Court, attesting to the fact that I was in no way encumbered by my past relationship with my son's bio-parent. For civil marriages under The Act, they take no chances of a polygamist marriage.

Now, if I could just get Social Security to get in line with other government agencies...as they continue to refuse to change my surname. SSA won't accept my Nigerian marriage certificate. But, that is a whole other story. ?

Edited December 14, 2016 by Kosi Wahala

[MeAlone 158]

I know a lot of couples who had traditional marriages in Nigeria, when one spouse was not from there. It's just tough to answer OP's question without knowing more details.

As for us...my husband and I decided to marry at the Local Government Registry - it was still amazing. His entire family was there, and a dear friend of the family blessed me by being father of the bride. Now we are looking forward to having our marriage convalidated by my pastor at my home parish, as soon as my husband arrives - at the same Mass in which my husband will be welcomed into the Catholic Church.

I have a son who was born out of wedlock some 12 years ago. When we let him greet the women at the Registry Office, via FaceTime, when we were there for our counseling session, we were immediately told that I needed to swear out an affidavit at the High Court, attesting to the fact that I was in no way encumbered by my past relationship with my son's bio-parent. For civil marriages under The Act, they take no chances of a polygamist marriage.

Now, if I could just get Social Security to get in line with other government agencies...as they continue to refuse to change my surname. SSA won't accept my Nigerian marriage certificate. But, that is a whole other story. ?

Yes, you are right. I wish to go and to have a traditional marriage there too but for now the American marriage first. We plan to have after American gov. marriage to have the marriage ceremony in his church RCCG here in Dallas and in 1 year or so if he thinks it's right, to go to his home country and have the traditional marriage there.

Thank you for all your description, it helps a lot to learn about the nigerian culture

Tasha

[Pitaya 2,576]

Welcome to the forum.