Love and a crazy situation

[Mr. Nicaragua 0]

I went to Nicaragua 6 years ago to start a new life and never intended to fall in love. Two months into my new life I met her. Me, her and her family became friends. She was and is young, beautiful and smart and we get along as if God intended it to be. About a year into this new relationship we got married. This is her first marriage and my second. We needed something to do and an income so we opened a business in a touristy beach town and did very well with it and lived a fantastic life for 4 years. Both of us believed this would go on forever. Life does not work this way. We never did a visa for her because I do not have US income to sponsor her and we believed we would never go to the US.

We have had a great marriage. Most of my family has visited multiple times.

The last year and a half the economy has been slowing. Earlier this year I became gravely ill and was hospitalized for almost 3 months and nearly died. We used almost all of our savings to pay the hospital bills. Luckily I have just about fully recovered but money has become very tight. We sold the business and I have returned to the US living with family with the plan to get a job, and then get a visa for her.

I have been very lucky and have found employment very quickly though not great money. My son has a really good job and is willing to sponsor so that is not an issue.

Here comes the crazy part.... I began to get documents together for her visa and I find out that the divorce from my first marriage WAS finalized but a short while AFTER my current marriage! I left the US with a divorce in process with who I believed was a cooperative soon to be ex. She dragged her feet and through delays it was filed after my new marriage though is final now for over 3 years.

My new wife knows of this situation. We are deeply in love and merely want to correct this problem and be together forever.

Speaking to a couple of immigration attorneys.. they advise that the new marriage is invalid and one of them simply says to file a K1. The two disagree on this but both agree we cannot go wrong with this plan.... Me and my wife get divorced FAST... tell USCIS the situation and file a K1 and get re-married here in the US. 6-8 months and all is done and she is here.

Looking for advice on two issues...

1. The crazy divorce date situation

and

2. How does everyone survive being apart for long periods? We have been together for a very long time and almost inseparable. Now with the economic situation, we have been apart for a few weeks and it is horrible for us both. We have enough money for her to live ok during this process and I can continue to improve my employment situation.

We are very lucky to have my family who is willing to help.

Thanks.

[JimVaPhuong 4,863]

It seems to me that the second marriage is invalid, so there would be no point in divorce. You probably qualify for an annulment on the basis that the marriage was not valid when it occurred. If you divorce then you are still left with the problem that, at one time, you had overlapping marriages. An annulment would fix that.

How to survive the separation and wait - well, there's a lot of stuff you can do. Daily chat sessions with Skype or Yahoo, along with a webcam, can help a lot. Visit each other as often as you can. You'll still miss each other a lot, but there really isn't any way to rush the immigration process. You'll survive it. We all do.

[Mr. Nicaragua 0]

It seems to me that the second marriage is invalid, so there would be no point in divorce. You probably qualify for an annulment on the basis that the marriage was not valid when it occurred. If you divorce then you are still left with the problem that, at one time, you had overlapping marriages. An annulment would fix that.

How to survive the separation and wait - well, there's a lot of stuff you can do. Daily chat sessions with Skype or Yahoo, along with a webcam, can help a lot. Visit each other as often as you can. You'll still miss each other a lot, but there really isn't any way to rush the immigration process. You'll survive it. We all do.

Yes, the second marriage is invalid. The issue is..... is THAT enough to meet the USCIS standard of "being eligible to marry" as a requirement for a K1? One answer is YES because the marriage is invalid, therefore does not exist. Which brings the question. WHAT do we say in the I129f etc?

The more conservative approach (but a little longer in time is to annul the marriage. But in Nicaragua it means getting a divorce. (Same end result). Then simply explain it on the I129f.

Before I returned to the US, we both signed a mutual divorce consent and left it with our lawyer in Managua to be filed if we need to.

The me traveling issue is difficult just getting a new job. Makes it horrible. And yes, we are nearly burning out yahoo messenger and the video feature.

I am looking for guidance on which route to take.

Thanks again.

Edited December 24, 2010 by Mr. Nicaragua

[KiwiBird 132]

I wish I had answers for you.. All I have to say is that being apart will not feel like actually 'living'. It will be simply 'existing'. At least that is what it is for me. Webcam and Skype are great, but nothing will ever compare to being with her. You just gotta make the best of it. As for me, I just try to stay real busy. But even then it is unbearable.

I wish you a speedy solution so you can be reunited.

[thelastpetitioner 218]

i can tell you i did not take the wait well,could have been because my fiance is in armed forces and i was constantly worried,or that im too young compared to other people who go through this process to take it well or that he was my first and only love and all,but it is possible,we all at one point in june subforum lived on day dreaming,we all went through a wedding fever period,and now a couple of us have their visas,with the help and support of people around you,you can deal with it.

compared to the life time that you will be spending together,a couple of months,a year top is nothing.

[Aztec&Taino 144]

I am sorry to know about the problem!

As to point number 2, it is very, VERY hard to be away from the one you love. You should, however, keep your eyes in the goal and get the empotional support of family and friends. Your love will see you through the process.

Best wishes!

[JimVaPhuong 4,863]

Yes, the second marriage is invalid. The issue is..... is THAT enough to meet the USCIS standard of "being eligible to marry" as a requirement for a K1? One answer is YES because the marriage is invalid, therefore does not exist. Which brings the question. WHAT do we say in the I129f etc?

The more conservative approach (but a little longer in time is to annul the marriage. But in Nicaragua it means getting a divorce. (Same end result). Then simply explain it on the I129f.

Before I returned to the US, we both signed a mutual divorce consent and left it with our lawyer in Managua to be filed if we need to.

The me traveling issue is difficult just getting a new job. Makes it horrible. And yes, we are nearly burning out yahoo messenger and the video feature.

I am looking for guidance on which route to take.

Thanks again.

No, the fact that the marriage is invalid is NOT enough to satisfy the US government. You must have the marriage declared terminated or annulled. Otherwise, you leave yourself wide open for a denial no matter which route you take. If you file an I-129F then it might be approved by USCIS, and the consulate could deny it because your wife has an unterminated marriage in Nicaragua. If you file an I-130 then it could likewise be approved by USCIS, and the consulate could shoot it down because the marriage was not valid. One thing I've learned from reading hundreds of immigration stories is that you should never ever hand them a reason to deny you if you can possibly help it. They will use it.

Are you saying that the procedure for annulment and divorce is the same in Nicaragua, or are you saying that you can't get an annulment at all in Nicaragua - only a divorce?

[Mr. Nicaragua 0]

A.. only a divorce.

[Maxx121 14]

How long does it take to get a divorce? can you get a divorce and then just get remarried? Like another poster said, never hand them a reason to deny you.

dont take the chance, clear up your situation then file your papers.

[dutchtx 1]

Regarding your second question....SKYPE!!!! Everyday all day!

[JimVaPhuong 4,863]

A.. only a divorce.

Then get your marriage annulled in the US. As far as I know, if one party is already married then that's a basis for annulment in every US state. However, some states have time limits, and require an annulment to be filed within a limited amount of time after the marriage. What state are you in?

[Mr. Nicaragua 0]

It has been 4-1/2 years. I can have the Nica divorce final in three months but will have a stamped by the govt copy of the petition immediately. Not sure if that document will suffice or have to wait for it to be recorded. There is no US-like decree that is signed by a judge. Just the petition and eventually a recording of it in the national registry.

[Mr. Nicaragua 0]

Thank you everyone for your help. It is much appreciated.

So here are more questions.

We think the best option is to get a divorce so USCIS cannot argue we are not free to marry. We have a signed mutual consent divorce in the hands of a lawyer in Nicaragua who is awaiting instructions on filing it.

It is a typical Nicaraguan agreement for divorce with neither party contesting anything. The procedure is to file it with the national registry. When that happens the registry returns a receipt and a certified stamped copy that it is amidst the filing process. Many docs in Nicaragua get done like this. Marriages, car titles etc. Se we get that receipt and a stamped copy immediately.

It takes them a while (few months) to have it recorded so it is public record. (they are slow there). A registry record can be obtained after it has been recorded.

So here is the question.... Do we do the K1 now with the registry receipt and stamped doc or wait for the registry to have it recorded?

Question 2.... How do we explain this situation to USCIS on the K1 filing? Do we attach a letter or what? What do we say? Where do we say it?

Question 3. Lawyer up or not? Given the circumstances, should we use a lawyer. I have spoken to a couple US immigration attorneys and the one that seemed to me to know what he was doing advised to 1. get divorced in Nicarague for sure and 2. That USCIS then would be ok with it since we meet the requirements (free to marry). When I asked how to present he said tell the truth and that he has had two different clients in the past with the exact same situation and both were successful.

And that the basics are no different. IE... Meet the requirements and give them the documents they want. Using a lawyer may eliminate the questions under number 2 above. As I have been reading this forum, I have read that most of you prefer to not lawyer up and generally I am that way also but this is our life here and it is a crazy situation.

Thanks and Happy Holidays.

Edited December 25, 2010 by Mr. Nicaragua

[GhLove 4]

You may want to look into the "direct filling" process. Seems like it would be alot quicker if you are elligible. Although that would mean you would have to get re-married. Something to check into.

[JimVaPhuong 4,863]

Thank you everyone for your help. It is much appreciated.

So here are more questions.

We think the best option is to get a divorce so USCIS cannot argue we are not free to marry. We have a signed mutual consent divorce in the hands of a lawyer in Nicaragua who is awaiting instructions on filing it.

It is a typical Nicaraguan agreement for divorce with neither party contesting anything. The procedure is to file it with the national registry. When that happens the registry returns a receipt and a certified stamped copy that it is amidst the filing process. Many docs in Nicaragua get done like this. Marriages, car titles etc. Se we get that receipt and a stamped copy immediately.

It takes them a while (few months) to have it recorded so it is public record. (they are slow there). A registry record can be obtained after it has been recorded.

So here is the question.... Do we do the K1 now with the registry receipt and stamped doc or wait for the registry to have it recorded?

Here is the Department of State reciprocity table for Nicaragua.

http://travel.state.gov/visa/fees/fees_4881.html?cid=3638#docs

Birth, marriage, divorce, and death certificates are not considered legal unless certified under the signature and official seal of the respective Civil Registrar.

Do you know if the stamped receipt meets this requirement?

Question 2.... How do we explain this situation to USCIS on the K1 filing? Do we attach a letter or what? What do we say? Where do we say it?

Question 18 on the I-129F provides a little box where you explain how you met within the past two years. Many people write a short one or two sentence explanation, followed by "see attachment". They then include a lengthy attachment including a written description of their meetings and evidence to prove they've met (boarding passes, passport entry/exit stamps, photos, etc.). Some people ALSO use this opportunity to frontload evidence they think is important, either to USCIS or the consulate.

I would include your explanation in your attachment for question 18.

Question 3. Lawyer up or not? Given the circumstances, should we use a lawyer. I have spoken to a couple US immigration attorneys and the one that seemed to me to know what he was doing advised to 1. get divorced in Nicarague for sure and 2. That USCIS then would be ok with it since we meet the requirements (free to marry). When I asked how to present he said tell the truth and that he has had two different clients in the past with the exact same situation and both were successful.

And that the basics are no different. IE... Meet the requirements and give them the documents they want. Using a lawyer may eliminate the questions under number 2 above. As I have been reading this forum, I have read that most of you prefer to not lawyer up and generally I am that way also but this is our life here and it is a crazy situation.

Thanks and Happy Holidays.

If you don't have the time, aptitude, or inclination to learn what forms, documents, and evidence are required, and to read the instructions for each form, then your chances of being approved are much better with an attorney.

If you are willing the spend the time needed to learn what you need to learn, and you have an average level of intelligence, then you can do far better than an attorney would be able to do. The attorney does not, and never will, know your case as well as you do. They can't fill out a single form without you first providing the information to them. If they make a mistake transcribing that information to the forms then they will probably never realize it, but YOU would if YOU had filled out the form.

This is not a legal process. It's almost entirely bureaucratic. A law degree does not make someone more qualified to fill out the forms than an average joe.

If it makes you feel better and more confident to pay an attorney to do this for you then the inner peace you get might be worth the fees you pay. I paid an attorney's assistant a tidy sum for six hours of interview prep for my wife. She didn't need it. In fact, the CO only asked her four easy questions. But she was extremely nervous before the interview, and the sessions with the attorney made her feel like she was doing something positive to prepare. He also gave her homework, which kept her occupied when she wasn't in his office. This (and a little Xanax) calmed her down greatly, and was well worth the money I spent.

The only warning I would give you is do NOT sit on your duff and let the attorney do everything. Stay proactive. Insist on reading each and every form BEFORE he submits it, and make him fix any mistakes (and there WILL be mistakes). Also, keep studying here and on other immigration sites. Your chances increase dramatically if you are an active client.