Confused..need help!!

[az110965 252]

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.

I agree with you that they need to be honest during the interview, that is why I posted:

"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".

I don't think it's their intention to lie.

[NY_BX 397]

I agree with you that they need to be honest during the interview, that is why I posted:

"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".

I don't think it's their intention to lie.

Their intentions are not the issue. It is what USCIS will perceive out of this 'marriage.' THE USC must've known that marrying someone in another country while still being legally married may diminish the new partner's chances of visa approval. So yes, they must tell the truth. Once the truth comes out, red flags will wave up and high. I hope we're wrong and all goes smoothly since there's a child involved in this process, but.... you never know.

[baron555 934]

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.

No you are married to him and have to follow that course. CR-1 visa.

[az110965 252]

No you are married to him and have to follow that course. CR-1 visa.

Their marriage is NOT valid due to the USC not having gotten divorced before this marriage. This marriage is null and void and as such, they are legally single.

Now that the USC petitioner has the divorce decree from hsi prior marriage they are free to marry or to pursue the K-1 route.

Edited November 20, 2011 by az110965

[tomkean28 1]

Consult with an attorney. You may have a lot of issues here depending on how UAE and the US interprets your marriage. Fed law and most State Law (State law stomps fed law for the most part because the State will have jurisdiction over the persons of the USC).

Issue 1) Your husband married you while still married. This is bigamous in nature. Please understand that was not a personal opinion, that's how it's viewed by the law. This alone could complicate your application for a Fiancee or Spousal petition.

2) Your current marriage could be interpreted differently by UAE and the US. US law and most state laws DO NOT recognize PROHIBITED MARRIAGES and yours is simply prohibited in the US based on being bigamous in nature. I'm not being ignorrant or unsympathetic but I don't know if muliple marriages are legal in the UAE but if it is, here are your issues:

a) UAE declares you are legally married - K1 under this scenario no longer applies to you since you are no longer free to marry granted you are married to the petitioner, the us may then say you need to file for a CR-1.

b) If your marriage is NULL and VOID in the UAE an since it's also NULL and VOID in the US then you were legally never married but may run into some issues with your husband comitting bigamy which is a crime in the US, the severity of which depends on what state he lives in. Embassy finds out about this then they may start asking questions. And hiding this fact may also just turn ugly if found out. The issue is, there's gonna be some sort of paper trail on this.

There is also a difference between NULL and VOID/VOID AB INITIO or VOIDABLE. I don't know about the UAE but in the Philippines for example, this situation though classified as prohibitted and therefore NULL and VOID is actually addressed in court as VOIDABLE, meaning it's legal until you get the courts to annul it.

In this scenario, your marriage would have been NULL and VOID/Voidable but once his divorce got finalized, you marriage becomes completely legal.

You really should consult an immigration lawyer or maybe even a family lawyer. The concern is you go through the K1 route, waste 6-9 months then find out that's not the proper course of action then go through the same process with a CR-1 then get a ruling that you are not legally married.

I hope things work out for you guys. Good luck!

Tom

Edited November 20, 2011 by tomkean28

[GringoD 33]

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.

Respectfully,... I still disagree on one point.

The entire process is NOT ONLY AN OBJECTIVE ONE.

It's ALSO LARGELY SUBJECTIVE.

And, the people at the uscis are undoubtedly trained and given extensive criteria, by which to judge.

IF NOT,... then they would simply feed the information through a computer and ... VIOLAAAA! A DECISION. (And then, none of us would have to wait more than a few moments for a decision)

------------

HOWEVER,... I could be very and entirely wrong.

Edited November 20, 2011 by GringoD

[JimVaPhuong 4,863]

Immigration law generally recognizes a marriage if it was legal in the jurisdiction where the marriage took place UNLESS the marriage is considered "repugnant to United States public policy". Such marriages currently include marriages involving polygamy, incest, or same sex spouses. A subsequent divorce from the first spouse does not make the second marriage recognizable under US immigration because the marriage was "repugnant to United States public policy" at the time it occurred.

Let's look at a couple of potential problems:

Inadmissibility and Good Moral Character: INA 212(a)(10) defines a practicing polygamist as inadmissible. 8 CFR 316.10 describes a finding of a lack of good moral character is called for if an alien has practiced or is practicing polygamy. The first statute can get you declared inadmissible to the US. The second can prevent you from ever becoming a US citizen, self-petitioning to remove conditions, asking for cancellation of removal, and whole host of other immigration benefits.

Consular discretion: Many consulates are notorious for using their discretion to deny a K1 if they even get a HINT that the couple had anything resembling a cultural or traditional marriage, even if the marriage isn't legally binding. This has caused no end of frustration for some couples because they are denied a K1 because the consulate accuses them of being married, but they can't get a CR1 because USCIS won't recognize their marriage. This puts them in the position of having to "####### or get off the proverbial pot", so to speak, and get a legally recognizable marriage. The OP has a doubly complex problem because polygamous marriages are legal in most Islamic countries, including the United Arab Emirates, and their marriage was completely legal and recognized by the government of the UAE. I could easily see the consulate putting them through the wringer for this.

If I were in this boat then I'd withdraw the K1 petition, terminate the marriage, remarry with a new wedding date, and petition for a CR1. Start over, clean and fresh.

[tomkean28 1]

Even if this gets passed through NVC and ends up at the US embassy in the UAE. She's still going to have to come up with documents stating that she's single and free to marry. They were married in the UAE, there has got to be some paper trail somewhere... marriage license, marriage certificate in the UAE, if he did it right which I'm gonna guess he didn't, a legal capacity from the US embassy in the UAE. So you see, she's not single in her country, not on paper. Regardless of how the US views it, legal marriage or not, she's not gonna be able to prove she's single so there goes your K1. I mean lets be realistic here, are people really suggesting that they try to explain to the CO the whole story about how he misrepresented himself in the UAE and got married there while still married in the US so therefore it was null and void. God forbid if he had actually done this right in the UAE and had actually gone to the US embassy and swore-in in front of a CO to state he was free to marry when he got a legal capacity. And if they go in on the K1 and all these are found out, they could get banned for good.

A safer course of action could be that he goes back to the UAE now that he's legally divorced, get married, do it right and do it legally. Then he can file a CR-1.

Lots of technicalities, lots of fine lines that were walked and crossed. Even if the USCIS is willing to hear this, I'm afraid this may sit on someone's desk for quite a while.

[puma77 0]

@gringoD

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

You need to consult this matter with US LAWYER for avoid problem at later stage cz k1 visa is applicable for non marriage couples only.

[Olomi_811 130]

There is record of your marriage in the Middle East not in the US. A spousal visa doesn't apply due to him being legally married. Definitely seems like, you will have problems down the road. Your husband should know better.

Edited November 20, 2011 by Olomi_811

[Samara 4]

Thank you for all your replies. we did an islamic marriage not court wedding so legally we are not married. Will that make a difference?

[Nicoco 26]

Thank you for all your replies. we did an islamic marriage not court wedding so legally we are not married. Will that make a difference?

Does that mean you are not legally married in your country, too?

[NY_BX 397]

Thank you for all your replies. we did an islamic marriage not court wedding so legally we are not married. Will that make a difference?

No. Like stated before, if the embassy finds out you had a symbolic ceremony with witnesses, that's a wedding therefore you're married.

I agree that the best course of action is terminate the 'marriage', remarry and re-file under a spouse visa. Your 'husband' screwed up incredibly. He should've known better than to committ a crime under US law, because basically that's what he did (depending on the state he's from).

Immigration law generally recognizes a marriage if it was legal in the jurisdiction where the marriage took place UNLESS the marriage is considered "repugnant to United States public policy". Such marriages currently include marriages involving polygamy, incest, or same sex spouses. A subsequent divorce from the first spouse does not make the second marriage recognizable under US immigration because the marriage was "repugnant to United States public policy" at the time it occurred.

Let's look at a couple of potential problems:

Inadmissibility and Good Moral Character: INA 212(a)(10) defines a practicing polygamist as inadmissible. 8 CFR 316.10 describes a finding of a lack of good moral character is called for if an alien has practiced or is practicing polygamy. The first statute can get you declared inadmissible to the US. The second can prevent you from ever becoming a US citizen, self-petitioning to remove conditions, asking for cancellation of removal, and whole host of other immigration benefits.

Consular discretion: Many consulates are notorious for using their discretion to deny a K1 if they even get a HINT that the couple had anything resembling a cultural or traditional marriage, even if the marriage isn't legally binding. This has caused no end of frustration for some couples because they are denied a K1 because the consulate accuses them of being married, but they can't get a CR1 because USCIS won't recognize their marriage. This puts them in the position of having to "####### or get off the proverbial pot", so to speak, and get a legally recognizable marriage. The OP has a doubly complex problem because polygamous marriages are legal in most Islamic countries, including the United Arab Emirates, and their marriage was completely legal and recognized by the government of the UAE. I could easily see the consulate putting them through the wringer for this.

If I were in this boat then I'd withdraw the K1 petition, terminate the marriage, remarry with a new wedding date, and petition for a CR1. Start over, clean and fresh.

To the OP: this is the best response and if I was you, I'd follow it.

[Samara 4]

Well, i guess will have to wait and see what happens. Just praying that everything will go smoothly..Good luck to u all.

Thanks again.

[TeapotGirl 66]

Your dilemma is that..

K-1- But you are married in UAE.

CR1- You were married before he was officially divorced which makes your marriage.

Yeah dissolve your marriage, start from clean slate then choose what route you want to take like JimVaPhuong said or else they will find out what you did will have a problem adjusting your status once you land in the US.

Edited November 20, 2011 by teapotgurl1983