Desperately in Need of Advice

[leciel84 0]

I have a peculiar situation. My husband is Honduran and when we married in 2003 he had a TPS. We separated (not legally) in 2006. I moved back home and he went to Norway with someone he met. he wound up marrying someone while there. He is still married to me and to the other woman as well. I know this was wrong on his part and a serious issue. However, as life is full of surprises we have reconciled. He left Norway and is now in Honduras. I would like to file an I-130 so that we can resume our lives together, but I have a feeling this is impossible. His TPS is now expired. Is there any way around this? Is there anything at all we can do. We were young and stupid. Please do not judge. I really need some guidance. He is in the process of divorcing his 2nd wife.

[Penguin_ie 5,986]

I don't think he actually needs to divorce the second wife, as he was never married to her, legally. You can petition for the visa, but there will definitely be questions about his actions.

[leciel84 0]

I don't think he actually needs to divorce the second wife, as he was never married to her, legally. You can petition for the visa, but there will definitely be questions about his actions.

Thank you. Do you know what happens if he is denied based on lack of good moral character?

[Penguin_ie 5,986]

Did he lie on any of his TPS or other official US paperwork? If not, I imagine he may still be elligible for a visa, or at least a waiver (ie he'd get denied at interview, then told to file a waiver where you'd need to show it is a hardship for him not to be with you in the USA), though you'd need very strong evidence of bonafide relationship due to the past; ie several visits, lots of proof of communication, some co-mingling of resources.

But yours is a tricky case, and I would recommend having at least an initial (free) consultation with a good visa lawyer to see what they say.

[NigeriaorBust 4,087]

The issue is your husband practiced bigamy. This is in violation of US law. If he did so while he still had a green card he may be in a bit of trouble for that. What the cleanest , but rather expensive thing to do would have you file a divorce nunc pro tunc where the judge backdated the divorce. You have to convince the judge you were under the belief that you should have been divorced at some prior point in time. That would validate his current marriage, which could then be cleanly terminated , allowing him to re unite with you.

[leciel84 0]

The issue is your husband practiced bigamy. This is in violation of US law. If he did so while he still had a green card he may be in a bit of trouble for that. What the cleanest , but rather expensive thing to do would have you file a divorce nunc pro tunc where the judge backdated the divorce. You have to convince the judge you were under the belief that you should have been divorced at some prior point in time. That would validate his current marriage, which could then be cleanly terminated , allowing him to re unite with you.

Ok, I'm a little confused. First things first, he never had a Green Card. He was a TPS beneficiary. What you're saying is he should divorce me, divorce her, and then re-marry me? That seems even less likely to fly than his issue with bigamy. Did I undertand you correctly and if so, could you provide details as to how this would be more helpful than just annuling his 2nd marriage and moving forward with filing the I-130? I am under the impression that if denied we can at least appeal.

Did he lie on any of his TPS or other official US paperwork? If not, I imagine he may still be elligible for a visa, or at least a waiver (ie he'd get denied at interview, then told to file a waiver where you'd need to show it is a hardship for him not to be with you in the USA), though you'd need very strong evidence of bonafide relationship due to the past; ie several visits, lots of proof of communication, some co-mingling of resources.

But yours is a tricky case, and I would recommend having at least an initial (free) consultation with a good visa lawyer to see what they say.

Thank you! You have been a great help

[NigeriaorBust 4,087]

The nun pro tunc would straighten out the timeline assuming you/he could get it back dated to before the second marriage. The issue I an see USCIS concentrating on is that your husband married while still married. Annulment invalidates the marriage, but doesn't negate the fact he went through a marriage process without being properly divorced. They may also see the timing of the annulment as an attempt to get a green card. I am not sure there is any path you two can take that won't be difficult. I brought up the nunc pro tunc because it is a possibility that most don't know about and I know of one case where it worked to clean up a mess ( non USC separated from USC wife , filed divorce papers , never completed process , married another woman and then completed divorce in this way 15 years later , went on to file and recieve citizenship ) You need to get a lawyer that is good at both immigration and divorce law.

[leciel84 0]

The nun pro tunc would straighten out the timeline assuming you/he could get it back dated to before the second marriage. The issue I an see USCIS concentrating on is that your husband married while still married. Annulment invalidates the marriage, but doesn't negate the fact he went through a marriage process without being properly divorced. They may also see the timing of the annulment as an attempt to get a green card. I am not sure there is any path you two can take that won't be difficult. I brought up the nunc pro tunc because it is a possibility that most don't know about and I know of one case where it worked to clean up a mess ( non USC separated from USC wife , filed divorce papers , never completed process , married another woman and then completed divorce in this way 15 years later , went on to file and recieve citizenship ) You need to get a lawyer that is good at both immigration and divorce law.

If analyze what you're saying, you'll see that this process could be seen as even more of an attempt to get a green card. I think we'll be honest and face the music and seek legal help if necessary. Thank you for you time