URGENT:: I need help PLEASE

[rhino377 0]

Hi Everyone,

 

I am new and i need an advice PLEASE.

 

Moved to the US two years ago through fiancee visa and I'm on my 2years temporary visa which will end very soon. 

 

My issue is that i married a US citizen when i was in Europe. We had issues all the time and we decided to separate. I called her one day and told her I need to move on with my life and I want us to divorce. She said no, that its against her belief. I tried so many times and even involved lawyers. So i stopped bugging her and moved on with my life. 5 years later i met the love of my life and we decided to get married and start a family(We have 2 kids now). She is a US citizen too. We filed for k1 visa and it was approved. I got my work authorization and 2 years temp. resident permit. 

 

Last month, my ex that didn't want me to divorce her sent an email to me saying we are still married that I should do anything she says or she will report me to the USCIS. I told my wife and we decided to talk to her. She didn't listen to what we have to say and decided to contact the immigration. She sent an email to the USCIS fraud dept with the scan copy of our previous marriage license and told them to deport me. I was shocked.

 

Last week, I spoke with my ex and she was feeling sorry for what she did. She said the USCIS has not contacted her by any means. I don't know what to do. I'm supposed to renew my green card in December. Do anybody know how the USCIS fraud dept works? They have not contacted me either. Should I go ahead and apply for removal of my temp. resident permit? I need help, please.

[KULtoATL 1,551]

One question, how did you manage to get married with a second person if you haven't even divorced the first? I'm surprised that you even got your K-1 and was allowed to get married. 

[Roel 7,192]

Well.

Your second marriage is absolutely INVALID. Means that you had never any right to the K1 visa, the conditional green card or to your RoC. Your RoC will not be approved, especially since the immigration has been notified.

 

You made a horrible mistake and most likely, will be removed from the US. Every right to the legal status was based on a fraud.

Just now, KULtoATL said:

One question, how did you manage to get married with a second person if you haven't even divorced the first? I'm surprised that you even got your K-1 and was allowed to get married. 

They lied in their paperwork. I bet he never stated that he was previously (or still) married.

[KULtoATL 1,551]

1 minute ago, Roel said:

Well.

Your second marriage is absolutely INVALID. Means that you had never any right to the K1 visa, the conditional green card or to your RoC. Your RoC will not be approved, especially since the immigration has been notified.

 

You made a horrible mistake and most likely, will be removed from the US. Every right to the legal status was based on a fraud.

They lied in their paperwork. I bet he never stated that he was previously (or still) married.

I had my suspicions but didn't wanna assume  

[geowrian 22,337]

First, you have a 2-year green card for being conditional permanent resident...not a visa. You must file for ROC before the 2 year expiration or else you will lose permanent residence status and will need to leave the country. This isn't a question of "should you" or not...it's a requirement.

 

That said, you committed immigration fraud by 1) obtaining/using a K-1 visa while still married, and 2) doing AOS based on that marriage when you were already married (the second marriage is not legal). All immigration benefits you obtained can be revoked at any time.

 

Time to lawyer up.

[f f 725]

what do you expect to happen if you never divorced the first wife? you do not need her permission to divorce it just takes longer.

 

you lied to immigration about being single. which is material misrepresentation which can be a lifetime ban from the us.

 

your current marriage is void.

your k1 visa should have never been issued.

your greencard should never have been issued.

your roc will be denied.

there is pretty much nothing you can do, since you lied and there is no one else to blame but your self.

 

 

 

 

[jayjayj 571]

You and your new "wife" committed immigration fraud.  You face deportation, a immigration ban for many years, and depending on the severity of the fraud you and your U.S. citizen "wife" could both face jail time.  

 

I suggest you obtain an attorney immediately and let them advise you on what to do.  This isn't the place for you to obtain legal advice.

[rhino377 0]

Thanks for the advice guys. I will lawyer up.

Shouldn't the USCIS contact me if there's a complaint against me? OR contact her for more questions? 

It was just an email she sent and no response since then.

[dwheels76 5,468]

Wow what a hot mess this is. Roll the dice man but know if you lied on your I-130 (I will bet you did) and didn't disclose the marriage you are in BIG trouble. No more working, No more legal status and deportation proceedings probably will happen swiftly. You lied to get a immigration benefit.
So when did you disclose to "new wife" you were married before? After 1st wife called or what?

Who cares your wife feels bad sending that letter can't put toothpaste back in the tube. It's to late now.

You had 2 kids and remarried and never even thought to divorce your first wife. That is mind blowing. Anyway hope your wife liked Nigeria and ready to move or live in US illegally.

 

Seek a lawyer.

Edited September 19, 2017 by dwheels76

[geowrian 22,337]

As for next steps:

1) Find an experienced immigration lawyer.

2) File for ROC within the 90 day window. Be completely honest with all questions...nobody here can suggest continuing a lie.

3) Be prepared to leave the US.

 

Note that bigamy is a felony in most states. While it's not often prosecuted, it is on the table.

 

Just now, rhino377 said:

Shouldn't the USCIS contact me if there's a complaint against me? OR contact her for more questions? 

It was just an email she sent and no response since then.

No. Giving a heads up if there's an ongoing investigation would not be typical. Once they investigate and find proof of the first marriage, they can take action and you will be notified (likely an NTA but I could be wrong).

They don't treat every claim as actionable, but an undisclosed (and current) marriage is a big flashing red flag so I would not be surprised if they (eventually) decide to investigate. This can even happen after you become a USC.

[jayjayj 571]

2 minutes ago, geowrian said:

As for next steps:

1) Find an experienced immigration lawyer.

2) File for ROC within the 90 day window. Be completely honest with all questions...nobody here can suggest continuing a lie.

3) Be prepared to leave the US.

 

Note that bigamy is a felony in most states. While it's not often prosecuted, it is on the table.

 

No. Giving a heads up if there's an ongoing investigation would not be typical. Once they investigate and find proof of the first marriage, they can take action and you will be notified (likely an NTA but I could be wrong).

They don't treat every claim as actionable, but an undisclosed (and current) marriage is a big flashing red flag so I would not be surprised if they (eventually) decide to investigate. This can even happen after you become a USC.

Right!  Not only can it happen after you would potentially become a U.S. citizen, this is an immigration fraud offense that would warrant having that potential U.S. citizenship revoked.

[f f 725]

it may seem like they are over reacting but since they can prove you lied about this they will then wonder what else you have lied about since your credibility is now gone.

[Anthony and Bobby 170]

withholding your current marital status during the whole K1 and I-485 process is fraud and you'll most probably face deportation. we all work hard to get approved and go through the whole process legally even if it takes a lot of sacrifice and time, so seeing this is kind of sad. the USCIS would most probably have that exchange with them and your 1st wife on their records and it will be something that you'll have to deal with during your ROC.

 

it would've been easier to just have settled the 1st marriage before all of this happened, but that's already in the past.

 

Best of luck, man.

 

Bobby

[Mmagic 127]

This is fraud and it will catch up with you sooner or later..

[Latonia 29]

@rhino377 Its very important that you get a lawyer because on your K1 information that you filed you have to show proof that you are legal to marry but you was already married and even though your wife sent the letter and there was no response yet to the email...they still know about it and if your fiance has not had her interview yet its going to show in the system at the embassy during the interview....and immigration laws are getting very strict now and you not only put yourself at risk but now you have put children at risk of being deported or banned as well....even if your wife gives you a divorce the time frame will not match up.....to be very honest looking at this the way a CO officer would look at it...the first thing I would think is that you was in a relationship with this other woman before you got married and now you want to divorce your wife to bring the other woman you was with before you got married. Im sorry but a lot of people do this once they come to the states and this is what the USCIS and embassy is going to think as well because you moved on very quickly with this other woman and had children. If you plan to stay here legally you need a lawyer because they can always prove if your are divorced or not because its public information