Help me out

[Chocolate Boy 1]

We are having an almost opposite the same problem to that of this guy here. I am supposed to get married to my US fiancee next next month September-2014 but she was married before in states and help her man got the green card but separated from the so called husband after realizing the guy was having a wife with children somewhere in Africa. After some kind of consultations with US immigration officials and family lawyers she was told the marriage was never a marriage from the beginning because the US laws does not allow a polygamous marriage which is qualified as bigamy or void marriage. Now my fiancee is ready to fly to me for us to finalized our marriage. I asked her if she needs a annulment but she told me she was all clear from what she understand from the immigration and family law officials so she will not need annulment since her marriage was bigamy and void marriage. I have been going through the USCIS web and saw the requirements of filing for a spouse visa on CR-1 and it contains proof of annulment and i told my lady about it and she read it but she insist she doesn't need it. I am worried and confused if my marriage with her will not end up being considered void or bigamy with her if she insist on flying over to marry me without the annulment requirements showing proof her previous marriage was considered bigamy and void marriage as part of the CR-1 applications. Can she file for me base on the advice she got from the immigration officials that her marriage was bigamy and void without showing any proof namely annulment? And finally, if at all she came to Africa and marry me without getting the annulment before the marriage and went on the file for me at USCIS and she was asked about the missing annulment, can she get one after the marriage and submit it to them or does she need to get one before coming to marry me? Kindly help me and answer all my questions in order cuz she is 3 weeks away from getting to me in Africa.

[Ontarkie 14,266]

Does she have any kind of papers stating her marriage is voided since he was already married?

[Chocolate Boy 1]

no she don't have any document to proof the marriage was void but only told by immigration verbally its a bigamy marriage so its considered void and null marriage

[Merrytooth 5,748]

Shouldn't she get some court paper to certify that the marriage is void /invalid due to bigamy ?

[dwheels76 5,468]

We are having an almost opposite the same problem to that of this guy here. I am supposed to get married to my US fiancee next next month September-2014 but she was married before in states and help her man got the green card but separated from the so called husband after realizing the guy was having a wife with children somewhere in Africa. After some kind of consultations with US immigration officials and family lawyers she was told the marriage was never a marriage from the beginning because the US laws does not allow a polygamous marriage which is qualified as bigamy or void marriage. Now my fiancee is ready to fly to me for us to finalized our marriage. I asked her if she needs a annulment but she told me she was all clear from what she understand from the immigration and family law officials so she will not need annulment since her marriage was bigamy and void marriage. I have been going through the USCIS web and saw the requirements of filing for a spouse visa on CR-1 and it contains proof of annulment and i told my lady about it and she read it but she insist she doesn't need it. I am worried and confused if my marriage with her will not end up being considered void or bigamy with her if she insist on flying over to marry me without the annulment requirements showing proof her previous marriage was considered bigamy and void marriage as part of the CR-1 applications. Can she file for me base on the advice she got from the immigration officials that her marriage was bigamy and void without showing any proof namely annulment? And finally, if at all she came to Africa and marry me without getting the annulment before the marriage and went on the file for me at USCIS and she was asked about the missing annulment, can she get one after the marriage and submit it to them or does she need to get one before coming to marry me? Kindly help me and answer all my questions in order cuz she is 3 weeks away from getting to me in Africa.

See this is the problem and explain to her this she is in the immigration system as filing for a spouse. Married they have the marriage certificate. So they will not take her word that some husband said I have wife and children before you we aren't real. She will have to show either annulment papers or divorce papers. She has to be free to marry at the time she files.

She can get an annulment easily based on the marriage was fraud tell her to do that (the lawyers are idiots).

[CowBoE 429]

Yeah...I think you shouldn't rush into this until her marriageability is completely cleared up (in official document).

For her previous marriage, the ex-husband had to prove that he was not already married,

so I wonder how that got past the immigration officials checks...

[Boiler 45,651]

You do not have to prove it in the US, not possible.

[dwheels76 5,468]

Yeah...I think you shouldn't rush into this until her marriageability is completely cleared up (in official document).

For her previous marriage, the ex-husband had to prove that he was not already married,

so I wonder how that got past the immigration officials checks...

Many people from African countries marry traditionally and never file papers so its not "Legal" as we think it but they are legally married for their country.

[Chocolate Boy 1]

The lady is american but her ex was African. they married in the states and she got the guy his green card and the realized the guy is having a wife in African and then she reported him to the immigrations and the guy's GC was taken from him and deported back to Africa. Now she want to marry me but she says she doesn't need an annulment based on what the lawyers told her. i told her i saw it in the immigration website that annulment is required but she insist no cuz immigration told her its a begamy. is it safe to marry me and file later without the annulment? if at all the annulment is required after we already got married is it allowed to get the annulment after we got married?

[dwheels76 5,468]

The lady is american but her ex was African. they married in the states and she got the guy his green card and the realized the guy is having a wife in African and then she reported him to the immigrations and the guy's GC was taken from him and deported back to Africa. Now she want to marry me but she says she doesn't need an annulment based on what the lawyers told her. i told her i saw it in the immigration website that annulment is required but she insist no cuz immigration told her its a begamy. is it safe to marry me and file later without the annulment? if at all the annulment is required after we already got married is it allowed to get the annulment after we got married?

Let me say this again. Her marriage is on the books how do you think she will show otherwise she is not still married to the man.

An annulment means basically the marriage never happened and its taken off the books and makes her free to marry.

Since she filed for someone else and showed marriage certificate her running around saying I don;t have to do anything is bogus.

Doesn't she want to clear her name and get her marriage certificate off the books. Like I said as far as immigration is concerned she is still married to him ask her "how will you prove to immigration that you are no longer married". What "my lawyer said so. Really.

Have your fiance' come to this thread and read and ask. I think she is not understanding law.

[christeen 966]

She will need legal proof AKA, an annulment... Not just some vague persons word for it... Save yourself the hassle and heartbreak later and just file for an annulment now...

[EOC 440]

I wonder how some lawyers think. Misleading people...

I'll advise you not to get married to her unless she has a document to proof that her previous marriage is annulled, if you get married to her, your marriage to her will be bigamy too and I doubt if USCIS will approve the petition.

Edited August 13, 2014 by EOC4ever

[Jawaree 718]

USCIS keeps everything on record, it may add a little time but get an

annulment, some kind of paper proof showing its annulled, this lady

was married in the US, do this B4 walking down the aisle with wedding

date falling B4 annulment as U will run into probs ,, re-spend money,

& made to get annulment papers not to mention it may raise other questions

[Chocolate Boy 1]

thank you all for your help

[jerod_gavel 16]

Normally overseas marriages require a letter from DOS that the subject does an attestation they have either never been married, have an annulment, have divorce documents, or are a widower. She would be required to say yes she has an annulment. The next question on the form states that the attached certified/ original document proves the status of the annulment, divorce, or death of the spouse. If she signs that without the document on hand, they will deny her request for the form. Since immigration has her copy of the previous marriage, it would invalidate your marriage due to that form being filled out illegally. It would also place her in a position of denial for your immigration.

Please have her email the local consulate or embassy for clarification. Without them stamping the document, or stamping the official document after the ceremony, the marriage will not be valid.