URGENT:: I need help PLEASE

[David & Diana R 1,005]

2 hours ago, rhino377 said:

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.

So you're a bigamist?

[NYCruiser 423]

1 hour 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.

As I understand it, there is no statute of limitations on Immigration Law.

 

For instance, WWII Criminals from the Third Reich got PR, then US Citizenship. Those were both revoked by the US Govt, then the criminals were sent to Israel to be hanged...and rightly so.

[C-ma'am 684]

2 minutes ago, David & Zoila said:

So you're a bigamist?

 

Very much so

 

[f f 725]

question 78 of part 8 of the i485 

"do you plan to practice polygamy in the us?"

 

I think this might count even though you were not living with both.

[skimmilk 32]

What I don't get is why the divorce didn't go through when lawyers were eventually involved.  I don't know much about the process, but a quick Google search brings up things/methods for making the divorce move forward even if your spouse is uncooperative.  Anyway, this is a big deal and it's a huge red flag for USCIS.  Unfortunately, you'll have to prepare for the worst and tell the truth from this point on.

[NigeriaorBust 4,087]

 There never was a divorce filed it seems.  If there was a filing there is a path to recovery. You should really try doing a search on your ex.  She may have filed without notifying you and you may not be in as much trouble as you seem to be.  It is a long shot but US divorces are a matter of public record and to do one without serving you she would have had to using a public posting notice.

[skimmilk 32]

2 minutes ago, NigeriaorBust said:

 There never was a divorce filed it seems.  If there was a filing there is a path to recovery. You should really try doing a search on your ex.  She may have filed without notifying you and you may not be in as much trouble as you seem to be.  It is a long shot but US divorces are a matter of public record and to do one without serving you she would have had to using a public posting notice.

OP said he tried to file a divorce but his first wife wouldn't cooperate.  She didn't try to initiate the divorce or want it to happen.  If she did actually file, then SHE would probably get in trouble with USCIS for providing a false tip.  To be on the safe side, it's better to think she's telling the truth and that they're still married.  I find this situation very bamboozling. I get that a lot of people don't know all the "rules" and whatnot when it comes to AoS, the different visa categories, etc.  But on the forms, the questions and instructions CLEARLY and PLAINLY ask about previous marriages and divorces.  How could that be missed/ignored??

[David & Diana R 1,005]

1 minute ago, skim00 said:

OP said he tried to file a divorce but his first wife wouldn't cooperate.  She didn't try to initiate the divorce or want it to happen.  If she did actually file, then SHE would probably get in trouble with USCIS for providing a false tip.  To be on the safe side, it's better to think she's telling the truth and that they're still married.  I find this situation very bamboozling. I get that a lot of people don't know all the "rules" and whatnot when it comes to AoS, the different visa categories, etc.  But on the forms, the questions and instructions CLEARLY and PLAINLY ask about previous marriages and divorces.  How could that be missed/ignored??

I am not bamboozled at all.  It is referred to as visa fraud.  It probably happens a lot more often than we think.  Of course it also affects many other genuine visa's applicants in a negative way.

[NigeriaorBust 4,087]

   My ex forgot that we were still married when he married his current and he managed not only to get his citizenship but a clearance to handle highly sensitive data.   Slightly different situation , he got his green card through his marriage to me, but citizenship came long after the second marriage.

[geowrian 22,336]

2 minutes ago, NigeriaorBust said:

   My ex forgot that we were still married when he married his current and he managed not only to get his citizenship but a clearance to handle highly sensitive data.   Slightly different situation , he got his green card through his marriage to me, but citizenship came long after the second marriage.

Yeah, it does happen (idk how somebody forgets this personally...). But that was a very different case as he didn't gain any immigration benefits as a result of the second (illegal) marriage.

[Shannon & Ibrahim 15]

This is the type of post that makes me wonder if the feds are lurking on these pages and posting. Good job with the brutal honesty VJers. This is a hard enough process and we don't need this type of foolishness messing up happiness for the rest of us.

[NigeriaorBust 4,087]

  Thing 1 is that the OP did not state the truth as he knew it on his immigration forms.    This should be a huge issue.   He believes he is still married to woman #1 .  He apparently never filed anything to end the marriage.  I know of many people in the US that have moved away from spouses and divorced without telling the spouse.  He should check to see if this has happened so he knows if he is married or not.  Most likely he is still married but the wife ( woman #1 ) sounds like she has some anger issues and may have actually also moved on in the years that have passed.

[dawning 212]

1 hour ago, Latonia said:

@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 

Did you actually read the original post?  His first wife is a USC, and has no need to be "brought".  The children from his current marriage should be USCs as well, both from their mother and (probably) by birth in the US, so his fraud shouldn't make them vulnerable to deportation or bans.

 

Not that that negates the seriousness of of the situation for the OP and his wives.

[geowrian 22,336]

15 minutes ago, dawning said:

Did you actually read the original post?  His first wife is a USC, and has no need to be "brought".  The children from his current marriage should be USCs as well, both from their mother and (probably) by birth in the US, so his fraud shouldn't make them vulnerable to deportation or bans.

 

Not that that negates the seriousness of of the situation for the OP and his wives.

Right, the children born in the US are legal USCs regardless of the parent's apparent fraud.

 

If somebody petitioned for anybody else to come to the US and was found to have committed fraud to get status permitting that petitioning, then those beneficiaries (and their derivatives) could have their status revoked. But that doesn't sound like it applies here.

[L0bster00 41]

Some countries do allow multiple marriages and USCIS acknowledges that. But Immigration benefits are solely for the first wife or spouse. You can't just marry second time and gain immigration benefits. 

 

Typical case of piggyback... He will divorce his current wife.. and bring his old wife back..   Just FYI, If you plan to do this.. USCIS will reject your case.