Polygamy Issue, Please advise how to solve it!!

[theman111 0]

I am a Muslim guy, I am from an Arabic country and I am living in Dubai.

A few months ago I separated from my wife but I did not file a divorce case as she needed the husband visa to look for a job in Dubai. The marriage was done in Dubai/UAE.

Last week I proposed to some girl from my country who holds an American passport and according to my country and Islam traditions, our family asked us to make a marriage contract. We are technically married in the court but not yet a couple until the wedding party.

I went to the court today to file a divorce case as my ex is working and she is about to get her own residence visa. The court said that the divorce will take a week to be processed.

I am waiting for the divorce to be done to start the immigration process.

My questions are:

1- Would my first marriage affect the immigration since it overlapped with my second and polygamy is considered as an offense in the USA? If yes, what should I do?

2- Can an attorney help with this issue?

3- If they would decline my visa, when will they do? After the interview or before?

Please give me any advise that helps with my case.

[belinda63 3,039]

No issue here just make sure the first marriage divorce is final before filling the paperwork for the CR-1.

[theman111 0]

What is the meaning of final divorce?

It means that I have to divorce her in the court and get the divorce papers? Would that be enough?

[Blob18 111]

What is the meaning of final divorce?

It means that I have to divorce her in the court and get the divorce papers? Would that be enough?

Correct.

Also you would need to provide those divorce papers when you file for the CR-1.

[pushbrk 12,979]

No issue here just make sure the first marriage divorce is final before filling the paperwork for the CR-1.

This is completely wrong. For a "marriage" to be recognized for US immigration purposes, both parties must be free to marry. That means the divorce must be final BEFORE the second marriage takes place, not just before filing the petition. Look at the I-130 itself (also the G325a) where it asks for both current marriage date and the date any previous marriages were terminated. If the marriage termination date is AFTER the marriage of the Petitioner and Beneficiary, the petition will be denied based on no valid marriage.

Exactly how to solve this problem depends on the details of the second marriage and how it was registered and what if anything can be done to get a legitimate marriage certificate that bears a date AFTER the divorce was finalized. The solution may well be beyond the capabilities of the members here.

In any event, do not file a petition until you're sure you have this problem solved.

[Barbara J 115]

This is completely wrong. For a "marriage" to be recognized for US immigration purposes, both parties must be free to marry. That means the divorce must be final BEFORE the second marriage takes place, not just before filing the petition. Look at the I-130 itself (also the G325a) where it asks for both current marriage date and the date any previous marriages were terminated. If the marriage termination date is AFTER the marriage of the Petitioner and Beneficiary, the petition will be denied based on no valid marriage.

Exactly how to solve this problem depends on the details of the second marriage and how it was registered and what if anything can be done to get a legitimate marriage certificate that bears a date AFTER the divorce was finalized. The solution may well be beyond the capabilities of the members here.

In any event, do not file a petition until you're sure you have this problem solved.

So true this is not what people here can answer.

[CSCTSCCSC 2]

I am a Muslim guy, I am from an Arabic country and I am living in Dubai.

A few months ago I separated from my wife but I did not file a divorce case as she needed the husband visa to look for a job in Dubai. The marriage was done in Dubai/UAE.

Last week I proposed to some girl from my country who holds an American passport and according to my country and Islam traditions, our family asked us to make a marriage contract. We are technically married in the court but not yet a couple until the wedding party.

I went to the court today to file a divorce case as my ex is working and she is about to get her own residence visa. The court said that the divorce will take a week to be processed.

I am waiting for the divorce to be done to start the immigration process.

My questions are:

1- Would my first marriage affect the immigration since it overlapped with my second and polygamy is considered as an offense in the USA? If yes, what should I do?

2- Can an attorney help with this issue?

3- If they would decline my visa, when will they do? After the interview or before?

Please give me any advise that helps with my case.

if you do direct filling from the US embassy since your wife seems lives currently outside the US, you can explain during the interview the overlap. I remembr a guy have similar issue (He married 2nd non US citizen at her country while his marriage to his american citizen still not terminated) ... the US embassy asked him to explain himself and bring divorve documents for all his previous wifes.... you have to start the process and go for it .. it is not the end of the universe. Good luck

[theman111 0]

Thanks for everyone who replied..

I called an immigration attorney in the US and she said that I can do it by divorcing my first wife and then get married to my second wife again in some other country before filing the papers.

FYI

Thanks again!!