Help!

[Transborderwife 4,666]

I'm a Canadian girl who married her American boy but this is where it gets tricky. My divorce was finalized while I was out of the country but what I didn't realize is that in Ontario it doesn't take effect until 31 days after decree. I married before that time was up thinking that I was ok (no need to show certificate of divorce in Florida). My husband has filed our I-485. I'm just now finding out about that wait period! What can I do?

[JIJourney 96]

I'm a Canadian girl who married her American boy but this is where it gets tricky. My divorce was finalized while I was out of the country but what I didn't realize is that in Ontario it doesn't take effect until 31 days after decree. I married before that time was up thinking that I was ok (no need to show certificate of divorce in Florida). My husband has filed our I-485. I'm just now finding out about that wait period! What can I do?

is there any way he can ask to get that i485 back? or call uscis and ask if they can not look through it until the 31 days is up?

or maybe have to re marry?

I hope someone else can help me on this. Good luck!

[Penguin_ie 5,986]

** Moving fro Progress reports to AOS from Tourist Visa ****

You married in Florida? I *think* you only need to be elligible to marry there you married, so if you are officially divorced, and married in Florida whcih does NOT have a waiting period, you should be ok.

[landr 126]

Yes, in order for your marriage to be recognised for immigration purposes, you have to abide by the laws of the location where you got married. However, any prior marriage must be legally terminated:

http://www.state.gov/documents/organization/86920.pdf

If the marriage is not considered to be legally terminated, you might have committed "accidental bigamy." In Florida, bigamy is a third-degree felony:

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0800-0899/0826/Sections/0826.01.html

However, there are exceptions and you could fall under the following exception:

(5) Who reasonably believes that he or she is legally eligible to remarry. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0800-0899/0826/Sections/0826.02.html

If you are applying for adjustment based on your marriage to a US citizen, then your being legally able to marry at the time of your current marriage is likely to be heavily scrutinised, since it will form part of the basis for your eligibility to adjust status.

All that said, I don't think you should panic yet. It may/may not be an automatic denial - you might get an RFE asking for more information. I strongly suggest that you consult a local family law attorney with international experience, as you will also need to find out if your current marriage is void.

If you get an interview based on your i-485 application, it would behoove you to make sure you are covered if you are questioned about the overlap. For example, the interviewer may want to know why you didn't follow up to ensure that you were legally able to marry. If you go for naturalisation, be prepared for this issue to rear its head again - there's a question on the N-400 application that asks if you've ever been married to more than one person at the same time.

I wish you luck. It sounds like this was not intentional, but now that you know it might be an issue you need to make sure that you get legal advice to ensure it doesn't create roadblocks further down the line.

[Transborderwife 4,666]

Thank you all for the insight. Your been truly helpful and not condescending. Does anybody know if they would actually check with canada to see if my former marriage was null and void?

[*Snowdrop* 603]

Thank you all for the insight. Your been truly helpful and not condescending. Does anybody know if they would actually check with canada to see if my former marriage was null and void?

It's possible they might not check but this is something you want to get cleared up before going any further in this process.

At each stage of the process and forward into the future if you were not legally married when you applied for your green card, it can be revoked and you can be banned from the USA for misrepresentation. Including even after you have applied for citizenship.

It might be really annoying to get it sorted out now, and to pay the AOS fees again etc if needed but better now than be deported down the line when you have a life established in the USA and kids etc.

Also it will always be hanging over you in the back of your mind.

Step 1. Find out the exact legal position you are in. Everything may be okay as mentioned in a previous post.

Fingers crossed for you.

Edited October 27, 2014 by Trellick

[Transborderwife 4,666]

Consulting a lawyer, seems to be the answer thus far is that USCIS wouldn't even check the status of my previous marriage as long as current one checks out. Apparently they don't consult with Canada during the process? Not sure if I trust this.

[belinda63 2,981]

You have to provide a copy of the final divorce paperwork with your packet. What is the date the divorce was complete according to the court order?

[Transborderwife 4,666]

We were told that we didn't need it for the i485. So much conflicting information

[NancyNguyen 1,657]

Consulting a lawyer, seems to be the answer thus far is that USCIS wouldn't even check the status of my previous marriage as long as current one checks out. Apparently they don't consult with Canada during the process? Not sure if I trust this.

They will ask for your divorce paper during your immigration (AOS, ROC, and naturalization...) so if the divorce decree has a finalized date conflicting with your marriage license, this would bring you hell. Good luck.

[belinda63 2,981]

You will need it for certain for the I-130 which has to be filed with the I-485. Certain forms filed with the I-485 ask about prior marriage dates and divorce dates. You really need to get a copy of the court order for the divorce to find out if you are legally married now.

[Teddy B 17,251]

Belinda is correct. You will need a certified copy of your divorce decree in order to proceed with your AOS.

[Transborderwife 4,666]

Thanks everyone. We are currently trying to rectify this.

[Leo7777 243]

Get married again ??