Stuck between filling Spousal visa and Fiance visa

[Ryan H 3,796]

9 hours ago, ms_bobdog said:

My bigger concern here isn't so much that she thinks that USCIS doesn't see her as married, but that she had committed polygamy. At least from whatever I can see from the story, she wasn't legally divorced when she re-married, am I right? Or am I missing something?

 

You’re thinking bigamy.

 

**Moderator hat on**

 

***Moved from Progress Reports to  Process & Procedures.***

[JackandRed 16]

9 hours ago, Roel said:

No matter where in the world they marry, US recognize it. (at least from what I know)

Yes that is correct. I provided my final divorce decree and certified translation of my current marriage certificate  in Senegal. I have had no problems here in U.S.

[pushbrk 12,228]

5 hours ago, Ms.F.Brown said:

She divorced the first husband is 2013 and then married the second husband. She didnt file the spousal visa until 2015. So to my understanding yes she did have the decree from the first one in the package.

The issue is not whether the decree was in the package when she filed.  The issue is whether the woman was "free to marry" when she married the Nigerian.  Divorce is controlled by State Law.  USCIS knows that.  If they ruled she was not free to marry, then they will not recognize the marriage.  They will need to legally marry, then start a spouse visa case.

 

I know this sounds a bit crazy, but we often see cases where a couple is "too married for a fiance visa and not married enough for a spouse visa".  This is one of those cases.

 

How to marry in Nigeria when you are already married under Nigeria law, is another matter, about which they will need to inquire in Nigeria.  It could be a "Catch 22".  Google it.

[ms_bobdog 501]

3 hours ago, Ryan H said:

 

You’re thinking bigamy.

 

**Moderator hat on**

 

***Moved from Progress Reports to  Process & Procedures.***

Bigamy is a form of polygamy, but otherwise, yes. That is what I thought is the bigger issue here. 

[Ms.F.Brown 7]

13 hours ago, NuestraUnion said:

Just for clarification, did she only file for divorce or was the divorce officially finalized before she got remarried?

That i dont know because all she said was that she got divorced right before she went to get remarried (2 weeks).

[Ms.F.Brown 7]

10 hours ago, pushbrk said:

The issue is not whether the decree was in the package when she filed.  The issue is whether the woman was "free to marry" when she married the Nigerian.  Divorce is controlled by State Law.  USCIS knows that.  If they ruled she was not free to marry, then they will not recognize the marriage.  They will need to legally marry, then start a spouse visa case.

 

I know this sounds a bit crazy, but we often see cases where a couple is "too married for a fiance visa and not married enough for a spouse visa".  This is one of those cases.

 

How to marry in Nigeria when you are already married under Nigeria law, is another matter, about which they will need to inquire in Nigeria.  It could be a "Catch 22".  Google it.

Thank you, thank you this is the anwsers im looking for right here. Cause she is truly caught in the middle of a divorce and a marriage. An her lawyer at the time screwed her in the process smh.

[Ms.F.Brown 7]

12 hours ago, JackandRed said:

Yes that is correct. I provided my final divorce decree and certified translation of my current marriage certificate  in Senegal. I have had no problems here in U.S.

The problem isn't her being married in Nigeria. The problem is her divorce being finialized from her first husband before marrying the second husband.

[Ms.F.Brown 7]

13 hours ago, ms_bobdog said:

It is not when she filed her spousal visa, but when she got remarried. If she got remarried while still legally married to her first husband, that is bigamy. 

OP, why don't you just ask your friend to come in here and tell her story?

She said she got remarried 2 weeks after she got divorced from the 1st husband.

[pushbrk 12,228]

8 hours ago, Ms.F.Brown said:

She said she got remarried 2 weeks after she got divorced from the 1st husband.

Yes, and USCIS denied her I-130 because her state doesn't consider a divorced person "free to marry" for at least 30 days after the divorce.  For US immigration, the rule is "free to marry" not "divorced".  However, once married in Nigeria, the Consulate considers the intending immigrant "married" not anybody's fiance, so no fiance visa.  Catch 22.  It happens more frequently than you might think.