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EandH0904

Unrecognized Marriage and Divorce on I-130 application

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Filed: IR-1/CR-1 Visa Country: Morocco
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Asking for a friend (I'm already married)! 

 

A woman I know is planning on getting married soon. Her fiance, the USC, was married and divorced before in the US - but the marriage took place only at a local mosque. Neither he or the wife ever "officially" got a marriage license, did not file taxes as married, did not have each other on bank accounts or anything. After a period of time, they got divorced by paperwork drawn up by the Imam at the same mosque. 

 

She is concerned about whether or not he will need "divorce papers" to file the I-130, as they have no legal divorce papers. Her fiance spoke with an attorney who stated that he does not need to mention this marriage/divorce, as it was never a legal marriage/divorce. 

 

My concern for her is that this could be seen as lying when filing out paperwork. Not only lying to obtain the marriage license in her country, but also to USCIS when filing paperwork as well. 

They both want to do the right thing and do not want to enter a marriage by "lying" but nothing was ever officially done in terms of their marriage. 

 

Do you have suggestions please? 

Thanks so much. 

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Filed: Citizen (apr) Country: Morocco
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its very weird situation as the marriage was never registered in the court of law in US or elsewhere.

for this reason,I assume that marriage was never a legal one but a religious state in which Mosque was the place where it started and ended.

 and US government ( USCIS) have no way to say they did hide a previous marriage at all. we can consider it as a previous relationship that's all.they have no interest at all to mention that on forms. 

wish someone else will help to sort things out better.

Good Luck

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What type of paperwork was drawn up for the divorce?

 

I can see all types of legal ramifications because of that. The lawyer is thinking that since they didn't file taxes there is no evidence of them being married. But that divorce paperwork you speak is a paper trail that CAN be used to prove some type of union.

 

Tread lightly with this one.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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Was it in a state that Common-law marriage practice is accepted ?

04/21/2016 : Married

11/17/2016 : I-130 sent ( NSO marriage certificate took forever) 

11/23/2016 : I-130 case accepted notified by email NOA1

01/27/2017 : USCIS APPROVED NOA2

02/04/2017 : NOA2 hardcopy received in mail

02/28/2017 : Case received by NVC

03/02/2017 : Agent assigned 

03/07/2017 : Case number assigned with invoice

03/28/2017 : Fees paid (IV and AOS)
04/05/2017 : DS260 online form completed
04/09/2017 : IV and AOS package sent to NVC
04/12/2017 : Requested for NVC expedite
04/17/2017:  NVC expedite approved 

04/18/2017:  In Transit 

04/20/2017: Received in Manila (may schedule for interview)
05/11/2017: SLEC -CLEARED 
05/25/2017: Interview @ Manila Embassy - APPROVED

05/30/2017: VISA on hand plus packet

06/08/2017: POE: California  

06/14/2017: Social Security card received through DS260 filing

06/24/2017: Green card received 

 

CRBA 

04/10/2017: CRBA sent to Embassy via FedEx 

04/19/2017: Appointment scheduled 

05/04/2017: Interviewed and approved 

05/17/2017: CRBA certificate on hand

05/26/2017: U.S Passport on hand

06/02/2017: Paid for ECC and Extension fees

06/08/2017: POE

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Filed: Citizen (apr) Country: Taiwan
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31 minutes ago, EandH0904 said:

Her fiance spoke with an attorney who stated that he does not need to mention this marriage/divorce, as it was never a legal marriage/divorce. 

I would definitely get another legal opinion before I followed this advice.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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I don't think that even a common law marriage "counts" as a marriage as far as USCIS is concerned... since dissolving it doesn't necessitate a divorce. I believe that your friend's fiance is safe to say he hasn't been married before, since, legally, he hasn't. 

He should, however, collect as much information as possible to prove that this previous relationship wasn't a legal marriage (and as such he shouldn't have to produce a divorce decree), just in case.

 

Is your timeline updated?


Oath Ceremony Dec 14th, 2018 I am finally a citizen and done with USCIS for good!

 

 

IR-1/CR-1 Visa:                            

Marriage: 2013-08-05                                   I-130 Sent: 2013-10-07                                                 I-130 NOA1: 2013-10-09                               

I-130 transferred to VSC: 2014-03-12        I-130 NOA2: 2014-03-24                                              NVC Received: 2014-04-07 

Case Number and IIN: 2014-05-05             Sent ENROLL email for EP: 2014-05-06                    Gave email addresses to NVC: 2014-05-08             

DS261 submitted: 2014-05-09                    AOS invoiced and paid: 2014-05-12                           DS261 re-submitted - GRRRR! 2014-05-21               

ENROLL conf. email: 2014-06-05               Submitted AOS documents:2014-06-08                    IV fee email received: 2014-06-23 

IV fee available and paid: 2014-06-24       DS260  submitted: 2014-06-26                                   Case Complete: 2014-07-31                                       

Interview: 2014-09-19 APPROVED!!!          Visa in Hand: 2014-09-24 (Loomis depot)                POE (Pac Hwy Crossing, BC) 2014-11-08 

SSN Card arrived (approx) 2014-11-26     Green Card arrived (approx) 2014-12-17 

Removal of Conditions - I-751:

I-751 Mailed (USPS) Aug 10, 2016             NOA: August 17, 2016 (received Aug 23)                  Biometrics Letter Sent: Sept 23, 2016

Biometrics Letter Rec'd: Sept 30, 2016     Walk-In Biometrics Oct 6, 2016                                    Infopass for I-551 stamp Aug 17, 2017   

Service Request: Dec 27, 2017                   SR Response: Jan 10, 2018 (no prediction)              Senator Inquiry: Jan 5, 2018

Senator Resp: Jan 8, 2018 (60 days)         Service Request 2: Mar 8 2018                                   Senator Inquiry 2: Mar 9 2018

SR 2 Response: Mar 12 (security checks) Senator Response 2: Mar 13, 2018                            Approval (via phone!): Mar 14, 2018

New Green Card Arrived: Mar 22, 2018

Naturalization - N-400: 

Submitted N-400 Online: Feb 4, 2018       Denied for Payment Failure: Feb 8, 2018                     Resubmitted N-400 Online Feb 8, 2018

NOA: Feb 8, 2018                                          Biometrics: Feb 26, 2018                                                Interview: Nov 2,2018 (approved)

Oath: Dec 14, 2018

 

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Filed: Citizen (apr) Country: Taiwan
Timeline
2 minutes ago, nightingalejules said:

I believe that your friend's fiance is safe to say he hasn't been married before, since, legally, he hasn't. 

I strongly disagree with this.  Religious ceremonies alone are recognized by USCIS as marriages

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: Citizen (apr) Country: India
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I have a friend with same situation. in our culture, if we get married in temple we get a religious certificate and then take it to court get that marriage registered then its considered official marriage. if it not got registered it not a official marriage. he never mentioned it on application because legally he was not married. but still get a legit advice from an attorney. 

 

My Time line is Updated! 

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Filed: Citizen (apr) Country: Taiwan
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7 minutes ago, abhatia315 said:

I have a friend with same situation. in our culture, if we get married in temple we get a religious certificate and then take it to court get that marriage registered then its considered official marriage. if it not got registered it not a official marriage. he never mentioned it on application because legally he was not married. but still get a legit advice from an attorney. 

This "marriage" mentioned by the OP was inside the US.  Background checks can reveal quite a lot about people.....

Edited by missileman

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: IR-1/CR-1 Visa Country: Morocco
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1 minute ago, missileman said:

This "marriage" mentioned by the OP was inside the US.  Background checks can reveal quite a lot about people.....

And this was my thought. A vengeful ex, some pics on a forgotten account - you just never know. 

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Filed: Citizen (apr) Country: India
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tTrue! my friend got married in a temple in India, so he has no record of that marriage. Yeah, things in the United States works differently.. 

 

My Time line is Updated! 

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Yes, which is why I suggest that OP's friend's fiance needs to document (in whatever way possible) that this was not a legal marriage and, as such, does not require a divorce decree to prove that he is legally free to marry OP's friend. (And subsequently petition her for immigration) 

 

Is your timeline updated?


Oath Ceremony Dec 14th, 2018 I am finally a citizen and done with USCIS for good!

 

 

IR-1/CR-1 Visa:                            

Marriage: 2013-08-05                                   I-130 Sent: 2013-10-07                                                 I-130 NOA1: 2013-10-09                               

I-130 transferred to VSC: 2014-03-12        I-130 NOA2: 2014-03-24                                              NVC Received: 2014-04-07 

Case Number and IIN: 2014-05-05             Sent ENROLL email for EP: 2014-05-06                    Gave email addresses to NVC: 2014-05-08             

DS261 submitted: 2014-05-09                    AOS invoiced and paid: 2014-05-12                           DS261 re-submitted - GRRRR! 2014-05-21               

ENROLL conf. email: 2014-06-05               Submitted AOS documents:2014-06-08                    IV fee email received: 2014-06-23 

IV fee available and paid: 2014-06-24       DS260  submitted: 2014-06-26                                   Case Complete: 2014-07-31                                       

Interview: 2014-09-19 APPROVED!!!          Visa in Hand: 2014-09-24 (Loomis depot)                POE (Pac Hwy Crossing, BC) 2014-11-08 

SSN Card arrived (approx) 2014-11-26     Green Card arrived (approx) 2014-12-17 

Removal of Conditions - I-751:

I-751 Mailed (USPS) Aug 10, 2016             NOA: August 17, 2016 (received Aug 23)                  Biometrics Letter Sent: Sept 23, 2016

Biometrics Letter Rec'd: Sept 30, 2016     Walk-In Biometrics Oct 6, 2016                                    Infopass for I-551 stamp Aug 17, 2017   

Service Request: Dec 27, 2017                   SR Response: Jan 10, 2018 (no prediction)              Senator Inquiry: Jan 5, 2018

Senator Resp: Jan 8, 2018 (60 days)         Service Request 2: Mar 8 2018                                   Senator Inquiry 2: Mar 9 2018

SR 2 Response: Mar 12 (security checks) Senator Response 2: Mar 13, 2018                            Approval (via phone!): Mar 14, 2018

New Green Card Arrived: Mar 22, 2018

Naturalization - N-400: 

Submitted N-400 Online: Feb 4, 2018       Denied for Payment Failure: Feb 8, 2018                     Resubmitted N-400 Online Feb 8, 2018

NOA: Feb 8, 2018                                          Biometrics: Feb 26, 2018                                                Interview: Nov 2,2018 (approved)

Oath: Dec 14, 2018

 

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This is, in my opinion, pass the advice of a message board and should be research with the expertise of (possible several) legal counsel.

 

Common law marriages do exist in the US. These are marriages that were not register in a legal registry (like courts). Not all jurisdictions have them but they do exist.

 

 

I also, am seeing examples where people are saying they know someone who is married religously but it is not legally married. Where is the line drawn? 

Edited by NuestraUnion

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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Filed: Citizen (apr) Country: Canada
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31 minutes ago, nightingalejules said:

I don't think that even a common law marriage "counts" as a marriage as far as USCIS is concerned... since dissolving it doesn't necessitate a divorce. I believe that your friend's fiance is safe to say he hasn't been married before, since, legally, he hasn't. 

He should, however, collect as much information as possible to prove that this previous relationship wasn't a legal marriage (and as such he shouldn't have to produce a divorce decree), just in case.

There has been at least one member on here that needed a divorce decree for a common law marriage. 

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Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

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If the divorce paper is drawn up, how is marriage not legal? And, how is it the case that nothing was officially ever done?

 

Didn't the couple take each other as husband and wife? I'm not sure how it works in Mosque - father giving daughter to future husband in contract? There should be contract and hence the divorce paperwork.

 

What if they had children? Would they have been out of wedlock because they didn't file taxes.

 

I think, the major issue is that OP or their friend, did not register marriage. Experts can further opine on why such Mosques exist and how it is not criminal to not report the marriage to obtain a license.

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