Confused..need help!!

[Samara 4]

My husband and i got married before his divorced is finalised. We got married in Middle East.He is from US and i am not. His divorced got finalised 1 year after we got married. He moved back to USA and wants me to join him. Do we apply for a Fiance visa since the govermrnt doesnt recognize our marriage? and remarried again? Please help.

[qwerty1974 11]

I don't know but will say that you ought to check and double check if they do not see your marriage as in some way a binding marriage. I have ascertained from a few other postings that you'd be surprised what they see as marriage and not. Last thing you want is to list for fiance 'unmarried' and have them think you're misleading them. i think for this one, if you have not already, check with an attourney or UCSIS directly. Good Luck.

[Samara 4]

Thanks for the quick response.

We have already applied for the fiancee visa in September 2011. On the form we had to put single but during the interview I will not be able to say am single cause we have a baby together..Here in UAE no one can have a baby without marriage so if i say single at the interview they will definately know that am lying cause they know the rules.. I am very worried that they might reject my visa because of that.

[az110965 252]

Thanks for the quick response.

We have already applied for the fiancee visa in September 2011. On the form we had to put single but during the interview I will not be able to say am single cause we have a baby together..Here in UAE no one can have a baby without marriage so if i say single at the interview they will definately know that am lying cause they know the rules.. I am very worried that they might reject my visa because of that.

You are NOT married, as your marriage is void due to the fact that your "husband's" divorce was not finalized prior to your marriage. The US Government will not acknolwedge your marriage as legally it could not have occurred.

[Samara 4]

@AZ110965, thank you so much for your reply. So you think we did the right thing by applying for a fiancee visa? Since as per US Law we are not married.

[az110965 252]

@AZ110965, thank you so much for your reply. So you think we did the right thing by applying for a fiancee visa? Since as per US Law we are not married.

Yes, you did the correct filing for a fiance visa as your marriage is NOT valid. Did you file for a US passport for your child? When you file for your I-129F your child will not be a k-2 derivative as she is a US Citizen.

Good luck on your immigration journey.

[Samara 4]

Thank you again. My son was born in US.He is holding a US passport. We had him as my dependent.Kindly advise me.

[GringoD 33]

okay, ... so much for the technicalities.

I still think the chances of visa being granted are SEVERELY DIMINISHED, do to the fact that you did something INTENTIONALLY that was not such a smart thing perhaps in the eyes of the USCIS (and in mine, as well) and got married Before your significant other was legally divorced.

I would think also the USA might look upon that as being criminal. IRREGARDLESS of the technical things of which the above posters speak.

HOWEVER.... I could be dead wrong.

___________

YOU ARE CONFUSED,... because you confused things. . . . by getting married before he was divorced.

Edited November 19, 2011 by GringoD

[az110965 252]

Thank you again. My son was born in US.He is holding a US passport. We had him as my dependent.Kindly advise me.

Sounds like you are on the correct path. One piece of advice I have for you is that IF you are asked about your marriage at the interview you need to tell the truth. Lying about ANYTHING can construe a material misrepresentation which can result in a lifetime ban on you entering the USA.

[az110965 252]

okay, ... so much for the technicalities.

I still think the chances of visa being granted are SEVERELY DIMINISHED, do to the fact that you did something INTENTIONALLY that was not such a smart thing perhaps in the eyes of the USCIS (and in mine, as well) and got married Before your significant other was legally divorced.

I would think also the USA might look upon that as being criminal. IRREGARDLESS of the technical things of which the above posters speak.

HOWEVER.... I could be dead wrong.

___________

YOU ARE CONFUSED,... because you confused things. . . . by getting married before he was divorced.

They have a marriage that is not recognoized by the USA due to the husband still being legally married at the time of their marriage. If it had occurred here in the USA it could be construed as polygamy but being that the marriage did not occur here there is no illegal action.

Filing for K-1 IS the correct choice because they are NOT legally married. It sounds like they have been together for some time now, so proving bonafied relationship should not be difficult for them at the interview stage.

In all likleyhood they will receive their K-1 without much of a problem. The petitoner is NOW divorced and fre to marry, they have seen each other within the last 2 years. THOSE are what USCIS adjudicates.

[Samara 4]

They have a marriage that is not recognoized by the USA due to the husband still being legally married at the time of their marriage. If it had occurred here in the USA it could be construed as polygamy but being that the marriage did not occur here there is no illegal action.

Filing for K-1 IS the correct choice because they are NOT legally married. It sounds like they have been together for some time now, so proving bonafied relationship should not be difficult for them at the interview stage.

In all likleyhood they will receive their K-1 without much of a problem. The petitoner is NOW divorced and fre to marry, they have seen each other within the last 2 years. THOSE are what USCIS adjudicates.

@AZ110965

Thanks and God bless you!! you have no idea how much relived i feel right now. Thanks again.

[Samara 4]

@gringoD

Thanks, I appreciate your honest feed back. May God make this journey easy for Both of us!!!

[Tim/Mav 305]

They have a marriage that is not recognoized by the USA due to the husband still being legally married at the time of their marriage. If it had occurred here in the USA it could be construed as polygamy but being that the marriage did not occur here there is no illegal action.

Filing for K-1 IS the correct choice because they are NOT legally married. It sounds like they have been together for some time now, so proving bonafied relationship should not be difficult for them at the interview stage.

In all likleyhood they will receive their K-1 without much of a problem. The petitoner is NOW divorced and fre to marry, they have seen each other within the last 2 years. THOSE are what USCIS adjudicates.

I think this will be an Issue. Both parties married in another Country and there must have been statements or papers Free to Marry on each behalf. I think both parties were aware the last marridge /divorce was NOT finalized but did it anyway. Now, they have to come to the realization of this Fraudulant Act.

Now looking for a way to evade that white lie they face now.

I hope it works out for you.

[az110965 252]

I think this will be an Issue. Both parties married in another Country and there must have been statements or papers Free to Marry on each behalf. I think both parties were aware the last marridge /divorce was NOT finalized but did it anyway. Now, they have to come to the realization of this Fraudulant Act.

Now looking for a way to evade that white lie they face now.

I hope it works out for you.

I agree that marrying without having the divorce in hand from the previous marriage is not a good idea, but they haven't committed a fradulent act towards USCIS or the Consulate.

With the divorce of the petitioner's first marriage in hand, both parties are free to marry. THAT is the requirement to file I-129F. Their marriage was never legal or recognized by the US due to the petitioner still being legally married to the first woman.

[Tim/Mav 305]

I agree that marrying without having the divorce in hand from the previous marriage is not a good idea, but they haven't committed a fradulent act towards USCIS or the Consulate.

With the divorce of the petitioner's first marriage in hand, both parties are free to marry. THAT is the requirement to file I-129F. Their marriage was never legal or recognized by the US due to the petitioner still being legally married to the first woman.

Disagreed.. Yes, they will end up commiting an act of fraud to USCIS and the Consulate if they dont disclose the Null and Void Marridge in which the both partook in being a Fraud Knowingly.

It will disclosed on the K-1 129-F Petition don't you think. Also, there is a child invovled to be listed in the Petition. It will be in the G-325-A also.

The Consulate in her Country is the US Embassey and USCIS. NO RED FLAGS YOU THINK. THERE GOING TO HAVE TO TRUTHFUL WITH THE 129-F.

Again, best of luck.