It's Complicated!

[Bernie C 24]

People just don't seem to understand this question at all, i would like to dare anyone to read and try to understand before post any comment...i am divorced now,, well divorce from both previous wifes, the only problem is that while marry to my US wife, i was separated from the one in Brazil (now my current fiancee) but not divorced...Until i finally did, (too late, i know) but like LIFE"S JOURNEY said before, this overlap in marriages might bring some issues.. Someone even mentioned something about "perjury"... The Model Penal Code in the US(section 230.1) defines bigamy as a misdemeanor and polygamy as a felony...

How complicated we (humans) have made things in this world, right? when everything should be so simple, it's all about papers... and money, and Bull**** and that's how we are loosing our own existence, but. that's my opinion...

Bigamy isn't the point that was made. Perjury was. When you married the second time you committed purjury by falsifying a document that stated you were free and legal to marry.

End of that Chapter and on to the next.

[DoneWaiting 15]

If these are the actual facts (not disclosed clearly in the opening post) then yes, USCIS is likely to examine the entire immigration case again and revoke the citizenship. In the opening post, a simple question was asked, so nothing complicated. With the above set of facts, it sounds more complicated but really isn't.

The OP doesn't need an attorney forum, he needs a comprehensive consultation with a qualified immigration attorney experienced in cases where residency and citizenship were obtained fraudulently.

If the facts listed above are not correct, please correct them.

I think this and other similar answers seem/are appropriate for the OP.. What he is looking for is advise on the steps to follow and not a moral lessons. I am sure he understand and has enough personal conflict with this situation.

A comprehensive consultation with a QUALIFIED IMMIGRATION ATTORNEY experienced in these type of cases is necessary, a Must. Do not make any steps or attempt to process any immigration/petitions until you have the facts and possibly second or third advise from experience attorneys.

Good luck

[BrNv 2]

I know some of you might have seen me around here for a while, ever since i've been planning to bring my (girl), fiancee to the US...but..i really have something bothering me a little bit, so i thought that i might post it here as well, maybe you guys can give me some of your best ideas, thoughts and opinions...

I am gonna start with a question that i've asked in a lawyer's forum before, and trust me "It's Complicated" but not hard to analyze...

"Is it illegal to get marry in the US while being marry in another country?

I immigrate to the US from Brazil, i was separated from my wife but not divorced, I got marry here, it didn't work, so i got divorced, now i am a US citizen, and by the way I did not obtained any immigration status from that marriage, i came legally under a family petition made by my father! I went back to Brazil and found the person that is actually married to me, we are back together! But a few month ago we filed for divorce, so we can get marry again in the US, since i am trying to bring her as my fiancee, with a fiancee visa. My I-129F was approved and it's already in the US consulate waiting for "that day"

Thanks

This is not complicated at all. But I may not know the entire investigation process and what are grounds for denial. You need to think like an attorney (which I am, but not an immigration attorney). The fact is you are divorced, so the K-1 is proper. My barely educated understanding (since I'm just learning about the process myself) is you must show you are free to marry and since you are divorced, then you are free to marry. So show your divorce decrees. I am unaware of you having to show marriage licenses so they will not see you had a marriage overlap (but I may be wrong). Most government agencies are too busy to report what they think is a crime to another and even if they did, then a District Attorney would have to feel they wanted to prosecute through their busy schedule, etc. So that is probably not an issue. But my understanding of the facts are that your latest divorce decree will show that you were married to your current fiancee. I cannot comment on whether this would be questioned as looking like a sham - trying to get someone in the country that you already decided you wanted to divorce. But the reality is people do divorce and then later remarry that same person. All you can do is try. However one comment I read here did cause some concern and that was whether you being in the US was proper since you were married when you came here. I have no knowledge of this topic and hopefully you can clarify this and then others can comment on it. If fraud was committed during that process you could have a serious problem for yourself.

Edited June 3, 2010 by BrNv

[BrNv 2]

This is not complicated at all. But I may not know the entire investigation process and what are grounds for denial. You need to think like an attorney (which I am, but not an immigration attorney). The fact is you are divorced, so the K-1 is proper. My barely educated understanding (since I'm just learning about the process myself) is you must show you are free to marry and since you are divorced, then you are free to marry. So show your divorce decrees. I am unaware of you having to show marriage licenses so they will not see you had a marriage overlap (but I may be wrong). Most government agencies are too busy to report what they think is a crime to another and even if they did, then a District Attorney would have to feel they wanted to prosecute through their busy schedule, etc. So that is probably not an issue. But my understanding of the facts are that your latest divorce decree will show that you were married to your current fiancee. I cannot comment on whether this would be questioned as looking like a sham - trying to get someone in the country that you already decided you wanted to divorce. But the reality is people do divorce and then later remarry that same person. All you can do is try. However one comment I read here did cause some concern and that was whether you being in the US was proper since you were married when you came here. I have no knowledge of this topic and hopefully you can clarify this and then others can comment on it. If fraud was committed during that process you could have a serious problem for yourself.

I wanted to add the following too. First I was just informed that you need to disclose your marriages on the g-325a (like I said I am still learning myself), so that will look very funny and that you don't take the marriage process seriously ... but that is more of an opinion than an analysis. The other issue it raises is that the K-1 and K-3 process is for U.S. citizens to get married, and you may have to show that you were married prior to being a citizen (the possible problem above), that you then divorced, and now that you are a citizen you want to bring her over using the K-1 process (that you could not have done with a K-3 since you were not a citizen when you married). This too will look suspicious probably. This is worth a consultation with at least one attorney that knows all the ins and outs as well as possibly a second opinion.

[pushbrk 12,164]

I wanted to add the following too. First I was just informed that you need to disclose your marriages on the g-325a (like I said I am still learning myself), so that will look very funny and that you don't take the marriage process seriously ... but that is more of an opinion than an analysis. The other issue it raises is that the K-1 and K-3 process is for U.S. citizens to get married, and you may have to show that you were married prior to being a citizen (the possible problem above), that you then divorced, and now that you are a citizen you want to bring her over using the K-1 process (that you could not have done with a K-3 since you were not a citizen when you married). This too will look suspicious probably. This is worth a consultation with at least one attorney that knows all the ins and outs as well as possibly a second opinion.

If the facts are correct as stated in the numbered list, then correct analysis has already been given. To get a petition approved, you show you are both free to marry, yes but the US Citizen must provide evidence of citizenship. When the OP provides truthful evidence of his past marriages and divorces, as required by the petition process, he will be signing testimony that his citizenship was obtained fraudulently. So his issue is not whether he is now free to marry but whether he is entitled to the US Citizenship required to file a petition for a fiancee.

[menina 50]

I think that if your case reaches the interview stage for K1, the consulate is going to have a lot of questions about your marriages and divorces. They will likely question whether or not this is a valid relationship with your ex-wife now fiancee. Since you already divorced her legally, you can no longer file for the spousal visa. I'm sorry I have never known anyone in this situation, but just something to consider that if you are approved by USCIS, you will still have to make a valid case at the interview as they might see this as a desire only to obtain a green card. It won't matter if that was your intent, they will still deny the visa if they see it that way. That being said, I do see there being a lot of uncertainty about obtaining an approval at the initial submission level.

[Ladylethal 12]

No matter how you want to see it, to the eyes of the law (both american and brazillian btw) you commited bigamy. That is a crime. So I'd advise you to hire a competent immigration attorney and go over your case carefully before proceeding to any interview, especially revising what you've already stated in your file as the overlapping marriages will probably pose a problem at the consulate interview.

So what other people said is correct: get a good attorney.

[inloveVEN 46]

Hi

In my very personal opinion. What you need is an inmigration lawyer. There are a lot of "Attention Points" that you need to handle very carefuly.

[Ramonbrausa 0]

I guess i have 2 questions here:

No 1. Does anybody knows a GOOD lawyer? or...

No 2. When is the next flight to Brazil?

You guys are absolutely right, i was being naive, and was amazingly unaware of all these rules...Right now i am on my way to see an immigration lawyer who can help, but i would say half way only...since there are so many wrongs...

Thnks for all the info...

[Gary and Alla 3,694]

Then don't file for the k-1!

You are already married file for the CR1

Bingo! Youa re already married, file for a CR-1. YES it was a CRIME to marry someone else while you were married in Brazil. So what? Who is going to enforce that now? USCIS? No. Will your mariages overlap on the G-325a. Yes. Everyone will see you commited a crime. And no one will do anything about it.

You are leagally married to the woman in Brazil, you always were. You were never legally married to the US citizen. You commited perjury and bigamy. Bad boy. Bend over and take your spanking, and then file for a CR-1.

There is nothing at all complicated here. Since you have been married for more than 2 years, you will get an IR-1 with 10 year green card.

If asked about this situation, EVER, do NOT lie about it. They do not go back and prosecute people for bigamy and perjury, they don't care. You are NOT presently breaking the law, you were never charged with a crime, you were never convicted of a crime (at least not that you told s about) It was not visa fraud.

It really is a non-issue at this point.

[Gary and Alla 3,694]

I will change ONE thing in my answer. IF you misrepresented yourself as an UNMARRIED child in order to get your green card and citizenship, THAT would make a HUGE difference. Married children even under age 21, een if they subsequently divorce (unmarried means NEVER married) are not eligible and that would be visa fraud, citizensahip fraud and THAT is big trouble with USCIS.

They do not care about bigamy, per se. The DO care about visa fraud.

[Ramonbrausa 0]

Bingo! Youa re already married, file for a CR-1. YES it was a CRIME to marry someone else while you were married in Brazil. So what? Who is going to enforce that now? USCIS? No. Will your mariages overlap on the G-325a. Yes. Everyone will see you commited a crime. And no one will do anything about it.

You might be right..but, FYI, Noooo...See... that's what brings trying to read fast, i am not married to anyone...i will personally go to that interview after having seek legal help of course, and i'll be totally honest about everything, the fact is that i did not know the consequences when i marry my 2nd ex-wife, and c'mom, let's be honest..this is something that happens so often...how many people get divorce and then get marry again to the same person...? i did not cheat anyone either, i was separated from my 1st wife when i came to the US...and now my best defense will be.."i am trying to do the right thing" i hope my attorney will advise me on how to do this...

Another thing i wanted to add here, some of you have made a good point about this, when i got marry in the US, nothing was requested from me..at all, just our ID's and the fee..that's it, i don't even remember having taking any oath, nor either i had to make any statement that i was free and legal to marry...OMG!

[LIFE'SJOURNEY 970]

Mr. Ramon will need to confuse to his orginal petitioner(his father)of this error in judgement because this could affect his father status aswell. The father was the petitioner of Mr. Ramon as a un-married son. This situation can cause a domino effect for all parties involved.

[LIFE'SJOURNEY 970]

Mr. Ramon, please answer this question what status did you come to the United States under?

Were you already married when you were petitioned to come to the US?

[Ramonbrausa 0]

Hey! Hi! Noooo...That's not a problem here trust me, i haven't give many details about this, cause it's really not that important, i am safe when it comes to that, perhaps you guys never heard about this before, but my petition, which came from my dad, started in one country and it was finished on another, under a parole status, etc... for many reasons..but they are not relevant to this, my dad was born in the US, and i have 2 other nationalities, because of my mom, etc.. so don't worry about it. everything's cool! and i am positive about this.