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Married someone else before divorce was final

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My cousin married another person while he was legally married to a US citizen. He received paperwork from the courts in Georgia and thought his divorce was final so off he went to his native country and married someone there. They now have a little baby and his wife traveled to US and he wants to file a petition for her. Because of the discrepancy of the marriage and divorce dates. He divorced his new wife and married her again. I am helping him with his immigration forms and I am confused. On this form I-130 he must list his previous wives, do we list his first marriage with the current wife as a past marriage , do we not mention that they were married, divorced, married again. I really appreciate everyone's help, I want to get this fixed for him before he makes another mistake. Thank you everyone.

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4 minutes ago, informationonly said:

My cousin married another person while he was legally married to a US citizen. He received paperwork from the courts in Georgia and thought his divorce was final so off he went to his native country and married someone there. They now have a little baby and his wife traveled to US and he wants to file a petition for her. Because of the discrepancy of the marriage and divorce dates. He divorced his new wife and married her again. I am helping him with his immigration forms and I am confused. On this form I-130 he must list his previous wives, do we list his first marriage with the current wife as a past marriage , do we not mention that they were married, divorced, married again. I really appreciate everyone's help, I want to get this fixed for him before he makes another mistake. Thank you everyone.

EACH legal marriage must be listed, regardless of who the spouse may have been......or is now.

Edited by missileman

"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

 

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  • I-130 NOA1 : 4/27/2016
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I would let the Lawyer handle it, sounds there could be all sorts of issues.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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40 minutes ago, informationonly said:

do we not mention that they were married, divorced, married again. I really appreciate everyone's help, I want to get this fixed for him before he makes another mistake. Thank you everyone.

You want to help not make another mistake so the biggest mistake he can make going forward is trying to hide the marriages. Don't have him lie or leave out any info. Doing so will lead to bigger consequences.


“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 any or all.” - NuestraUnion

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Agreed....time to lawyer up.

 

The first marriage needs to be fully dissolved (I'm assuming it is by now but just confirming this). Then the second (illegal) marriage must be resolved so that he can then legally marry her. Only then can a petition be filed.

Edit: Sounds like that was already done...great.

 

Yes, all marriages must be listed with proper dates and paperwork.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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I have a few cousins that are capable getting into such a mess.


Marriage: 2014-02-23               ROC interview/completed: 2018-08-16 - Albuquerque
CR1 started : 2014-06-06           N400 started: 2018-04-24
CR1 completed/POE : 2015-07-13     N400 interview: 2018-08-16 - Albuquerque
ROC started : 2017-04-14 CSC     Oath ceremony: 2018-09-24 – Santa Fe

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Thank you everyone. I don't think we need a lawyer for this, forms are in English and as long as we can read and write English and tell the truth he should be ok. I guess I have to use a separate paper to state the marriage, since there are only two sections for the previous marriages. This is great! Your help is very much appreciated.

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Let us know how it goes.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Several issues with this.

1. If he obtained his green card through marriage with a USC he must wait five years before petitioning a spouse (exceptions do exist).

2. As a green card holder his spouse/child cannot adjust status from within the US unless they are lawfully present and their priority date is current.

3. He committed bigamy which is a crime.

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13 minutes ago, informationonly said:

Thank you everyone. I don't think we need a lawyer for this, forms are in English and as long as we can read and write English and tell the truth he should be ok. I guess I have to use a separate paper to state the marriage, since there are only two sections for the previous marriages. This is great! Your help is very much appreciated.

@belinda63 brought up some good points.

 

Your cousin should know about the 5 year rule for immigrants remarrying after getting a GC from marrying a US citizen.

Also, if your cousin is not a citizen himself, he can not adjust his now wife's status while she is in the US.


“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 any or all.” - NuestraUnion

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5 hours ago, informationonly said:

They're actually applying for adjustment of status overseas, not in the US.

That's not possible. AOS only exists within the US. I'm assuming he is doing a CR-1/IR-1 immigrant visa process instead.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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12 hours ago, informationonly said:

My cousin married another person while he was legally married to a US citizen. He received paperwork from the courts in Georgia and thought his divorce was final so off he went to his native country and married someone there. They now have a little baby and his wife traveled to US and he wants to file a petition for her. Because of the discrepancy of the marriage and divorce dates. He divorced his new wife and married her again. I am helping him with his immigration forms and I am confused. On this form I-130 he must list his previous wives, do we list his first marriage with the current wife as a past marriage , do we not mention that they were married, divorced, married again. I really appreciate everyone's help, I want to get this fixed for him before he makes another mistake. Thank you everyone.

Wow....what a mess. Good luck.

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13 hours ago, informationonly said:

Thank you everyone. I don't think we need a lawyer for this, forms are in English and as long as we can read and write English and tell the truth he should be ok. I guess I have to use a separate paper to state the marriage, since there are only two sections for the previous marriages. This is great! Your help is very much appreciated.

 

You are not an attorney. He should be filing for himself.  The fact that you are posting to this forum means he needs an attorney yesterday!

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12 hours ago, informationonly said:

Great Info! Thanks, He is a US citizen. They're actually applying for adjustment of status overseas, not in the US. She'll go back and take care of things while waiting for the approval. 

There is no such thing as adjusting status outside the country. 

 

Seriously lawyer up. 



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