How can I show a traditional marriage is no longer valid

[traveler34 0]

I was married in Kenya by traditional means, which is recognized as legal in Kenya, but there was no state registration.  This marriage ended several years ago, by all reasonable measures, but as there was no record of the marriage, there is also no record of a divorce.  I have had a tourist visa to the US for many years, and recently married a US citizen, in the US.  Now I would like to apply for citizenship.  My conundrum is, my past visa application states (correctly) that I was married.  But I have no documentation to show that I am divorced.  It is highly unlikely that I could get a divorce decree in Kenya, for a variety of reasons (no record of marriage, ex spouse is out of the country and not cooperative, etc.).  I assume that USCIS would require proof of divorce before accepting that I am married to an US citizen.  In that case, what would USCIS accept as proof of divorce (i.e. of termination of a traditional marriage)?

[payxibka 10,044]

1 minute ago, traveler34 said:

I was married in Kenya by traditional means, which is recognized as legal in Kenya, but there was no state registration.  This marriage ended several years ago, by all reasonable measures, but as there was no record of the marriage, there is also no record of a divorce.  I have had a tourist visa to the US for many years, and recently married a US citizen, in the US.  Now I would like to apply for citizenship.  My conundrum is, my past visa application states (correctly) that I was married.  But I have no documentation to show that I am divorced.  It is highly unlikely that I could get a divorce decree in Kenya, for a variety of reasons (no record of marriage, ex spouse is out of the country and not cooperative, etc.).  I assume that USCIS would require proof of divorce before accepting that I am married to an US citizen.  In that case, what would USCIS accept as proof of divorce (i.e. of termination of a traditional marriage)?

If your marriage was recent then you are a long ways away from citizenship

[Unlockable 7,306]

You have o get a divorce decree. If the marriage was traditional it is still considered a valid marriage.

 

Without it you won’t be able to move forward with any immigrants on status through marriage.

 

Also, even if you are able to get the divorce decree and apply through your current marriage, you won’t get citizenship. That is not how it works. A person doesn’t just marry a US citizen then automatically become a citizen. It takes years and stages of filing and interviews before you become a citizen.

[NigeriaorBust 4,087]

In places with traditional marriages there are traditional divorces.   In Eastern Nigerian it is a meeting of the families where the bride and all of the bride price are returned to where they came from. Almost a revered engagement  .

[Ben&Zian 4,397]

Also, think this way, if you were still "traditionally" married, then married this US person, and now you go get the divorce decree or what ever it is. Your 'marriages' overlap. Meaning the US one technically but standards isn't legal, and actually a crime as in to be married to more than one person by US law.

[teshah 33]

Traditional in the Kenyan sense could mean one of two things; customary marriage where dowry was paid etc or come-we-stay.  It would help to know which category you belong to in order to give advise accordingly.

[Famsboy85 1]

Please do not attempt to get married now without first sorting out the previous married. A married is considered married as far as it is legal in that country even if it is traditional. Trust me they gonna have a copy of your ds 160 form on there computer during your aos interview. IO will ask you, your ds 160 started you're married and now you want to marry another guy. If you can't provide a divorce degree/certificate you might be charge with polygamy which is federal crime in USA. You are from Africa just ask somebody to get a divorce document for you. It is not difficult as you might think especially you from Africa if you know what I mean lol..

[traveler34 0]

Thanks all for your thoughts.  To answer the question of @teshah, it was a customary marriage, with dowry (cows), although normal requirements to keep the marriage valid (replace cows that die) were not upheld, neither were other standards met, such as building a house on his family compound for us.

12 hours ago, teshah said:

Traditional in the Kenyan sense could mean one of two things; customary marriage where dowry was paid etc or come-we-stay.  It would help to know which category you belong to in order to give advise accordingly.

It was a customary marriage, with dowry (cows), although normal requirements to keep the marriage valid (replace cows that die) were not upheld, neither were other standards met, such as building a house on his family compound for us.

[teshah 33]

10 hours ago, traveler34 said:

Thanks all for your thoughts.  To answer the question of @teshah, it was a customary marriage, with dowry (cows), although normal requirements to keep the marriage valid (replace cows that die) were not upheld, neither were other standards met, such as building a house on his family compound for us.

It was a customary marriage, with dowry (cows), although normal requirements to keep the marriage valid (replace cows that die) were not upheld, neither were other standards met, such as building a house on his family compound for us.

Was the dowry returned when you two parted ways?

[traveler34 0]

1 hour ago, teshah said:

Was the dowry returned when you two parted ways?

No, but that was not possible.  There were cows paid as dowry.  The husband is supposed to replace those cows if they die.  They did die, many years ago, but he never replaced them.  (Some would say that invalidates the marriage.)  I suppose I could buy cows and give them to his family, but even if they accept them, that still doesn't produce what I need, which is documentation of the annulment of the marriage.

[teshah 33]

4 minutes ago, traveler34 said:

No, but that was not possible.  There were cows paid as dowry.  The husband is supposed to replace those cows if they die.  They did die, many years ago, but he never replaced them.  (Some would say that invalidates the marriage.)  I suppose I could buy cows and give them to his family, but even if they accept them, that still doesn't produce what I need, which is documentation of the annulment of the marriage.

Unfortunately, if the dowry was never returned, whether the cows died or not, whether the dead cows were replaced or not, then I would say even in the traditional sense, you are still considered married because dowry was paid.  Had the dowry been returned,  because that also involves some kind of ceremony with plenty of people in attendance, I would have suggested getting a letter from your area chief stating that the marriage was officially dissolved and you could use that letter to get a decree from the courts.  I am not a lawyer so this was just a suggestion.  However, that said, all these should have been done prior to your current marriage which may not be legal either here or in Kenya. 

[Boiler 43,766]

How can you marry in the US when you are married, you have to be single to marry.

[Crazy Cat 39,685]

Did you gain immigration benefits through your US "marriage" yet ?  If so, you might have a big issue on your hands.......a BIG issue.

[azblk 338]

You must still obtain a a divorce or annulment even if there is no record of this marriage. As it is right now you are a bigamist and your current marriage is invalid.

[Going through 5,668]

On 3/8/2018 at 8:40 PM, Famsboy85 said:

Please do not attempt to get married now without first sorting out the previous married.

OP stated he is already married (at the same time) to an American woman.