Married in other country and want apply K1,K3 or just get married...

[socorro 0]

Hi Guys,

I really have one complicated situation so just would like to see if anyone here had the same problem or what would you do...

I'm from Brazil moved to Canada and got married there but in Brazil I still as "single"

My married didn't work so I left Canada 2 years ago and back to Brazil. My ex-husband is impossible to deal with to get divorce just for you guys have idea last time try get divorce he left Canada and moved to another country so now my lawyer in Canada can't make my dirvoce because anyone of the parts is living in Canada.

Since I back to Brazil I started my life again back to work and now I have relationship with one US American Citizen and we want get married and I would move to US. He always come to Brazil to visit me and I went to US to visit him too, I have tourist visa.

What would happen if I start process K1 , K3 or just get married in US with tourist visa?

In Brazil as I'm single.

[pushbrk 7,780]

Hi Guys,

I really have one complicated situation so just would like to see if anyone here had the same problem or what would you do...

I'm from Brazil moved to Canada and got married there but in Brazil I still as "single"

My married didn't work so I left Canada 2 years ago and back to Brazil. My ex-husband is impossible to deal with to get divorce just for you guys have idea last time try get divorce he left Canada and moved to another country so now my lawyer in Canada can't make my dirvoce because anyone of the parts is living in Canada.

Since I back to Brazil I started my life again back to work and now I have relationship with one US American Citizen and we want get married and I would move to US. He always come to Brazil to visit me and I went to US to visit him too, I have tourist visa.

What would happen if I start process K1 , K3 or just get married in US with tourist visa?

In Brazil as I'm single.

Married is married and you ARE married. If, in a USA immigration process, you represent that your previous marriage never happened, that would be a material misrepresentation. The penalty is a lifetime ban from entering the USA. You need to get a divorce before you do anything about a spouse or fiancee visa process.

[LIFE'SJOURNEY 970]

The US recgonizies marriages in all countries, therefore in the eyes of the US you are married. Until you obtain a legal divorce from your husband, you are not eligible to marry. So sorry, and best of luck.

[TracyTN 237]

^^

[ScratchIt 12]

Also - you cannot start the K1 process. The I-129f is filed by the USC as the Petitioner with you as the Alien Beneficiary. Facts is facts and if you are/were married and the marriage did not end in a divorce, death or other legal means then you are still married.

[Bernie C 24]

Discuss the possibility of filing a divorce in absentia with your attorney. There are ways to deal with your situation but it requires the services of a good and knowledgable divorce attonney. Somtimes these cases can be quite lenghty and I am not familiar with divorce laws in Canada.

[VanessaTony 3,564]

Agree with everyone else. You are married. Lying and saying you are not can result in a lifetime ban from entering/migrating to the US. It might seem difficult to deal with the divorce and how long it might take, but it's definitely a better idea than hoping they never find out you're legally married.

[socorro 0]

Thank you guys! I really appreciate your opinion.

[pushbrk 7,780]

Thank you guys! I really appreciate your opinion.

Just so you know, the answer to your question is NOT a matter of opinion. You're married. Until you're not, you can neither pursue a fiancee visa or marry.

[socorro 0]

Just so you know, the answer to your question is NOT a matter of opinion. You're married. Until you're not, you can neither pursue a fiancee visa or marry.

Yes Pushbrk I understood I can't go ahead until get dirvorce, everybody here had the same opinion. I just said thank you for you guys replied my question.

[Audy_Rob 26]

Yes Pushbrk I understood I can't go ahead until get dirvorce, everybody here had the same opinion. I just said thank you for you guys replied my question.

As someone suggested, at least in the state of California in the USA, there is a way to get divorced if the other person does not agree or will not make themself available. That is, they leave the country.

We can make an attempt to contact them and if they do not respond in some time frame, I believe six months, then you can continue without them. I actually saw a divorce granted in abstentia.

[pushbrk 7,780]

As someone suggested, at least in the state of California in the USA, there is a way to get divorced if the other person does not agree or will not make themself available. That is, they leave the country.

We can make an attempt to contact them and if they do not respond in some time frame, I believe six months, then you can continue without them. I actually saw a divorce granted in abstentia.

Yes, many if not all US States have such provisions but the OP is not in the USA, her intended next spouse is. She needs a divorce from outside the USA either in Canada or her own country.

[JimVaPhuong 4,856]

As someone suggested, at least in the state of California in the USA, there is a way to get divorced if the other person does not agree or will not make themself available. That is, they leave the country.

We can make an attempt to contact them and if they do not respond in some time frame, I believe six months, then you can continue without them. I actually saw a divorce granted in abstentia.

Even in California, either the petitioner or the respondent must be a resident of the state. This is the problem the OP has - she is no longer a resident of Canada, and her husband left the country to avoid the divorce. With neither the petitioner nor respondent living in the country, I can't imagine the courts in Canada would grant the divorce. Her problem is further compounded by the fact that she is considered single in Brazil, so she couldn't pursue a divorce there, either.

This is a very unusual situation, but if I were in this position then I would look into getting the marriage recognized in Brazil, and then promptly filing for a divorce there.

[VanessaTony 3,564]

Even in California, either the petitioner or the respondent must be a resident of the state. This is the problem the OP has - she is no longer a resident of Canada, and her husband left the country to avoid the divorce. With neither the petitioner nor respondent living in the country, I can't imagine the courts in Canada would grant the divorce. Her problem is further compounded by the fact that she is considered single in Brazil, so she couldn't pursue a divorce there, either.

This is a very unusual situation, but if I were in this position then I would look into getting the marriage recognized in Brazil, and then promptly filing for a divorce there.

Agreed. I looked into it and one of you must be a resident of Canada for 1 consecutive year prior to filing for divorce there. So.. looks like you should do what Jim said first. Look into the divorce rules in Brazil BEFORE you try this avenue though as there might be other requirements we don't know about.

Here: http://www.embaixada-americana.org.br/index.php?action=materia&id=1942&submenu=7&itemmenu=58 says "After registering the marriage in Brazil, the Brazilian Federal Supreme Court is the only authority able to declare the divorce. The petitioner will need to hire a Brazilian attorney to file the paperwork with the Supreme Court. After the paperwork is filed with the Supreme Court, a period of one year of judicial separation must pass before the separation is converted into a divorce. Then the petitioner must go to the Civil Registry Office to have the final decree certified. "

...so it looks like you will need to wait at least 1 year and 2 weeks in before you can file the K1 (this doesn't include the waiting period of filing the divorce paperwork, the sending of notification of registration of marriage in Brazil, etc)... Good luck!

Edited April 16, 2010 by Vanessa&Tony

[LIFE'SJOURNEY 970]

Talk to a divorce lawyer in Brazil........