Stuck between filling Spousal visa and Fiance visa

[Ms.F.Brown 7]

41 minutes ago, TNJ17 said:

I don’t understand how this is a surprise for such a large group of people, but newsflash, if you’re married somewhere you’re married everywhere. It was stupid of them to file for K1 visa when they were already married. The first thing about K1 is that you state you’re free to marry which they aren’t. They lied to immigration hoping to cut the time short. There is no way immigration would overlook that. File for the right visa, spousal visa in case that’s not clear, and wait out the time. It’s a made your bed gotta lie in it situation. 

Once again she filed the K1 because USCIS told her to file for the K1 visa. They told her that she was not legally married to her husband in their eyes. So buy them telling her and her lawyer that thats what she did. No one was trying to lie to immigration nor file the wrong petition which wastes money.

[Going through 5,668]

38 minutes ago, Ms.F.Brown said:

Once again she filed the K1 because USCIS told her to file for the K1 visa. They told her that she was not legally married to her husband in their eyes. So buy them telling her and her lawyer that thats what she did. No one was trying to lie to immigration nor file the wrong petition which wastes money.

If by "they", you mean the USCIS customer service line...."they" are notorious for giving out the wrong information.

 

Fortunately she has the option of moving forward with the CR-1 visa now.

[Mrsrwhite 5]

She could not have legally being married in 2013, because as she later found out she was not officially divorced at the time of the second marriage.  I suggest she just 'get married" and because that first marriage is null and void....is not recognized.  

GET married, apply, and send an explanation  at some stage in the process , and prepare to address any other question they may have.  If everything is above board then it just delay not the end.   Good luck to your friend.

 

A lawyer may just make it smoother too.

 

[Sunnyland 639]

1 hour ago, Ms.F.Brown said:

I told her that she should've renewed her vows in 2015. When they first told her that her marriage wasnt valid.

 

OP,  did not the petitioner have the divorce decree in hand before applying for her new "spouse" spouse visa? Is not one of the required documents to send when doing this kind of visa? I just don't understand how she thought she was divorced in first place without even having her divorce papers in hand.

 

If she was not legally divorced from her first husband before marrying this new guy in Nigeria, then they can not renew vows since this second wedding was not legal.  Am I missing something?

[Ms.F.Brown 7]

3 hours ago, Mrsrwhite said:

She could not have legally being married in 2013, because as she later found out she was not officially divorced at the time of the second marriage.  I suggest she just 'get married" and because that first marriage is null and void....is not recognized.  

GET married, apply, and send an explanation  at some stage in the process , and prepare to address any other question they may have.  If everything is above board then it just delay not the end.   Good luck to your friend.

 

A lawyer may just make it smoother too.

 

Thank you so much for you anwser cause it is very helpful. But she used a lawyers the first time. An the lawyer was the one who told her that USCIS denied her because USCIS said they marriage wasnt valid.

[Ms.F.Brown 7]

3 hours ago, Going through said:

If by "they", you mean the USCIS customer service line...."they" are notorious for giving out the wrong information.

 

Fortunately she has the option of moving forward with the CR-1 visa now.

Customer service wasnt the ones who told her that. She got a official denial letter from USCIS saying it was denied. Her attorney at the time enquired about the denial and that was the reason that was given to them.

[Ms.F.Brown 7]

3 hours ago, Sunnyland said:

 

OP,  did not the petitioner have the divorce decree in hand before applying for her new "spouse" spouse visa? Is not one of the required documents to send when doing this kind of visa? I just don't understand how she thought she was divorced in first place without even having her divorce papers in hand.

 

If she was not legally divorced from her first husband before marrying this new guy in Nigeria, then they can not renew vows since this second wedding was not legal.  Am I missing something?

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.

[NateAndJessica 200]

5 hours ago, Ms.F.Brown said:

The Embassy of Nigeria always know she was married. Which is why the K1 visa was denied. It was USCIS that denied her IR-1/CR1 in 2015 and told her to file the K1 because they wasnt married in the eyes of States. So now shes stuck in between USCIS and the EMBASSY.

no, married is married no matter where. They got very very bad advice in 2015.

[Ms.F.Brown 7]

11 minutes ago, NateAndJessica said:

no, married is married no matter where. They got very very bad advice in 2015.

YES!!! I honestly feel that her lawyer at the time screwed her and didnt do thier job correctly.

[Unlockable 7,306]

6 hours ago, Ms.F.Brown said:

No she had already filed for her divorce before she got remarried. Now did she know she had to wait 30 days??? That part i dont really know.

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

[ms_bobdog 501]

2 hours ago, Ms.F.Brown said:

YES!!! I honestly feel that her lawyer at the time screwed her and didnt do thier job correctly.

I need to start collecting a dollar each time I read about a lawyer screwing up...

[ms_bobdog 501]

7 hours ago, Ms.F.Brown said:

No she had already filed for her divorce before she got remarried. Now did she know she had to wait 30 days??? That part i dont really know.

But you also said that she found out later that her first husband did not sign the papers, that's why she had to do the paperwork on her own in 2015. So when she got 'divorced' and 'married' in 2013, she was still married to her first husband. I don't understand the 30 day thing. The only thing I know is that some states impose the 30 day rule when you apply for your marriage licence. I am trying to understand this because if she was still married in 2013 when she married her now-husband, the issue would be quite different. It wouldn't simply be filing for the CR1/IR1 now, because her current marriage wouldn't be deemed as legal anyway.

Edited April 29, 2018 by ms_bobdog

[ms_bobdog 501]

2 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.

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?

[Cyberfx1024 7,978]

18 minutes 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?

Exactly what I was thinking when I read this earlier on my phone and I couldn't respond earlier. So what the OP needs to do is to go ahead and get actually married again because the first one did not count at all unfortunately. The OP is stuck in a catch 22 so to speak so they just need to get married again and file for the CR1. 

[JackandRed 16]

9 hours ago, Roel said:

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

That's correct.  My husband and I married in Dakar Senegal and it is recognized here in the USA.