This May be a Bit Complicated

[millefleur 5,035]

19 minutes ago, TCKB-07 said:

No, the talks of divorce have already been happening. He is not seeking US citizenship either. He is content and no desire to immigrate to the US. It is me that is trying to look at all possibilities down the line. My plan was to move to Ghana before I met him, but I like to have contingency plans. I would hate for an uninformed decision I made today to affect me down the line. This is why I am asking.  

Sounds like you've got a lot going on in terms of plans.

 

Getting a B1/B2 visa if the applicant has a significant other who is a USC highly increases the risk of denial. That's regardless of the bigamy situation or not. I think there's just a huge chance he would be denied a B1/B2 based on that alone, let alone the whole confusing marriage situation. I don't see how he could get approved honestly, but you can always try. The thing is, he has to be 100% honest about everything on the application and during the interview, otherwise it would be considered fraud/misrepresentation.

Edited January 20, 2019 by millefleur

[mushroomspore 3,043]

7 minutes ago, millefleur said:

Sounds like you've got a lot going on in terms of plans.

 

Getting a B1/B2 visa if the applicant has a significant other who is a USC highly increases the risk of denial. That's regardless of the bigamy situation or not. I think there's just a huge chance he would be denied a B1/B2 based on that alone, let alone the whole confusing marriage situation. I don't see how he could get approved honestly, but you can always try. The thing is, he has to be 100% honest about everything on the application and during the interview, otherwise it would be considered fraud/misrepresentation.

On top of this, the bigamy/polygamy will be a factor in any future attempts for permanent residency, even with divorce to turn the marriage monogamous. A ton of scrutiny should be expected.

Edited January 20, 2019 by mushroomspore

[TCKB-07 2]

2 minutes ago, millefleur said:

Sounds like you've got a lot going on in terms of plans.

 

Getting a B1/B2 visa if the applicant has a significant other who is a USC highly increases the risk of denial. That's regardless of the bigamy situation or not. I think there's just a huge chance he would be denied a B1/B2 based on that alone, let alone the whole confusing marriage situation. I don't see how he could get approved honestly, but you can always try. The thing is, he has to be 100% honest about everything on the application and during the interview, otherwise it would be considered fraud/misrepresentation.

Hmmm. I see how having a significant other here would hurt him. I hope him having strong ties to his home country and the fact that I am moving there this spring will overcome that. If not, it's okay. I have been trying to get my family to visit the continent, so this is a good reason to do so. Thank you for your reply. 

[mushroomspore 3,043]

2 minutes ago, TCKB-07 said:

Hmmm. I see how having a significant other here would hurt him. I hope him having strong ties to his home country and the fact that I am moving there this spring will overcome that. If not, it's okay. I have been trying to get my family to visit the continent, so this is a good reason to do so. Thank you for your reply. 

Having an American significant other dramatically affects tourist visa decisions. You moving there doesn't really mean anything for the visa application because the visa is for the trip to the US only, not for helping you to move to Ghana. Consular officers know that "plans change spontaneously" a lot once foreigners are inside the US.

[TCKB-07 2]

1 minute ago, mushroomspore said:

On top of this, the bigamy/polygamy will be a factor in any future attempts for permanent residency. A ton of scrutiny should be expected.

Noted. Perhaps I need to adjust my desire for him to share my benefits. He has no desire for permanent residency and prior to meeting him, I had no desire to move back to the US once I left. Thank you. 

[mushroomspore 3,043]

11 minutes ago, TCKB-07 said:

Noted. Perhaps I need to adjust my desire for him to share my benefits. He has no desire for permanent residency and prior to meeting him, I had no desire to move back to the US once I left. Thank you. 

I understand wanting to understand all possible options so it's great you asked. The truth is, the bigamy makes your case very difficult. Even without it, US immigration is one of the toughest in the world, especially for people from certain countries. That's just how it is. Since your future spouse has no desire to emigrate to the US, your family and friends will have to come visit you in Ghana and/or you will be have to make trips back to the US alone if you want to see them here.

[carmel34 3,531]

If your boyfriend or fiance in Ghana is a chief with a lot of wealth and influence there, and does not want to leave, he will never be able to immigrate to the US, become a permanent resident, get a green card, or eventually naturalize and become a US citizen.  Immigrant visas are for immigration, i.e., to permanently live in the US, at least long enough to satisfy residency requirements to become a citizen, and that takes a minimum of three years after becoming a legal permanent resident.  There is no way he can become a green card holder or a US citizen living in Ghana, even if married according to the laws of Ghana, to a US citizen.  If his B2 visa is denied, then you have already stated your plan B, to move to Ghana, marry him there according to the laws of his country, and live there with him happily ever after.  Just keep in mind that if you do this, it will continue to be a challenge for him to get a B2 visa to visit your family in the US because Ghana is a high visa fraud country so his applications will always be given a lot of scrutiny, even after you are "sort of married" to him, as a CO or CBPO might see your relationship and be concerned that if he goes to the US as a tourist with a US citizen girlfriend/fiancee/sort of wife, he might stay in the US and try to adjust status while there.  I must say you have been so good about all of the comments given, and appreciative of the advice, so good for you!  And good luck with your journey wherever it takes you.  You will do a lot of good in Ghana it sounds like.

[geowrian 22,335]

As long as you do not legally marry in the US, it wouldn't be illegal.

The first step is getting the tourist visa. Until then, any talk of marrying in the US is pretty moot. If he wants to visit, then he applies for the visa and gets that first. The circumstances noted here make this a very large hurdle.

He will need to declare that he is married on the DS-160.

 

If you cross the line into a (il)legal marriage (not just an unregistered marriage), you're in for a boatload of trouble for anything related to the US.

The moment immigration or other government benefits are being brought into the picture, you need a legal marriage. Unless the prior marriage is terminated first, any such legal marriage is off the table in the US.

 

If you have a legal marriage in Ghana (again..not just an unregistered one!), then that marriage is not recognized by the US and you're in the same position as if you (il)legally married in the US.

[HonoraryCitizen 179]

You’re just going to get a lot of people here ######## on you in a knee jerk fashion because they do not understand Ghanaian customs and partly perhaps becauseyour explanation was not very clear to them



 



I am Ghanaian and I happen to understand what you are doing. He’s coming over here for a customary marriage ceremony with you. In actual fact that marriage is not recognized by the USA  until you register it in the Ghanaian courts (or registry) under our customary marriage ordinance. Thus so far as you do not register it, you have not committed bigamy per USA perspective. It’s akin to people in the USA having a church wedding but not signing the documents. So what you’re doing is a marriage ceremony (which will be recognized by his people because they only care about the ceremony) which is not legally recognized by the USA.



 



Next you talk about filing a B2 visa for him. That is inaccurate, nobody files or petitions a B2 for anyone. You may be inviting him however you’re not filing for him. He’s applying himself. Heck he can still apply without your invitation. Additionally in the future he does not have to fill out on his forms that he’s married to you because he’s not per the USA until the marriage is registered.



 



Additinally although he has a stool wife, if he hasn’t registered it in Ghana, then he’s actually not married to the stool wife in Ghana (per the USA) and hence he’s actually single and free to marry you and register it in Ghana without either of you falling afoul of bigamy laws in the USA.



 



I hope this clarifies things for you. You may consult a Ghanaian family law practitioner for clarification.



 



The link below gives some perspective.



 



http://www.kma.gov.gh/kma/?marriage-services&page=5354

Edited January 20, 2019 by Ryan H
Reason for edit: to remove alternate spelling of profanity

[AnnaMaria 68]

If he doesn't intend on living here, he is some kind of chief with wealth, what US benefits are you trying to get him? I'm a married veteran with a 100% disability, and my wife (who I've been married to solely for almost 6 years), doesn't get some kind of extraordinary benefits. Spousal benefits for veterans are typically a benefit payment increase, educational opportunity (roughly 1000 a month or so), an average option of supplemental healthcare (if approved), and I think that's the most noteworthy. I dont think that's a good reason to want your marriage to he recognized here, seems like a sketchy use of government funds in my opinion.

 

So my question is, if you plan on living in Ghana indefinitely after your illegal US marriage, the only benefit that would remotely serve that kind of marriage is a benefits increase assuming the US government pays citizens living in Ghana. (Some countries they will not pay benefits if you reside there, check their website to confirm your situatuon).

 

Unless he divorces, stay in Ghana. A B-2 is a tourist visa, the moment they find out the intent is to marry on it, it is game over and a denial.

 

Enjoy being a chieftess or whatever the spouse is called and enjoy his wealth with him, if he doesn't want to give up being some kind of ruler, then he has no desire to respect the rule of law here in the US, thus trying to marry him here under false pretense, or illegal way is futile. 

[AnnaMaria 68]

Stay on topic or they will close this thread.

 

Also OP, my VA healthcare did not cover outside the US. So if you plan on living on Ghana that is something you might want to consider.

Edited January 20, 2019 by AnnaMaria

[SusieQQQ 11,584]

If he gets a B visa, have him come here and meet your family. Don’t get married till you go back to Ghana. The rest is confusing because you talk variously about living there and getting him citizenship, mutually exclusive factors. I come from a country where polygamous tribal marriages are legal, it’s not Ghana, but I’m sure there are parallels. Just be sure you know where in the hierarchy you’ll be. And why. Why does this Ghanaian chief want to import a US bride?

 

—

and yes, perceptions about Ghana matter, maybe not here but certainly at the consulate. 56% of Ghanaian applicants for B visas are refused. It also has one of the highest refusal rates for DV visas (which are more often than not a slam dunk for those being selected). There are forums where Ghanaians talk openly about falsifying documents, lying at interview etc. different culture about a lot of things,not just marriage, but a lot of that falls foul of US immigration law.

Edited January 20, 2019 by SusieQQQ

[geowrian 22,335]

4 hours ago, HonoraryCitizen said:

Additinally although he has a stool wife, if he hasn’t registered it in Ghana, then he’s actually not married to the stool wife in Ghana (per the USA) and hence he’s actually single and free to marry you and register it in Ghana without either of you falling afoul of bigamy laws in the USA.

The US recognizes a non-registered, customary marriage with Ghana. One would not be considered single if still customarily married to somebody.

 

https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Ghana.html

"Marriage

Available for marriages entered into under civil law from the Principal Registrar of Marriages, C/O Registrar General's Office, P.O. Box 118, Accra, Ghana. There is a fee for this service. Most marriages are performed under customary law, and written records are kept only if the couple chooses to register the marriage with the local council. Persons married under customary law who subsequently wish to marry under civil law must obtain a civil marriage certificate which reflects the words "married under native customary law" in the space provided for "condition." Polygamous marriage is permissible under the customary law of some groups, but not under civil law."

[Ryan H 3,790]

***Derailing posts removed; cease and desist with all arguing, bickering, etc. or appropriate action will be taken.***

[bakphx1 785]

17 hours ago, TCKB-07 said:

As I stated, that was not the initial intent of applying for the B-2. I live in Hawaii, he wants to visit (who wouldn't?). The idea of marrying on this visit came up because it would be financially more feasible than my plan to fly my family to Ghana at the end of the year. This is why I am asking questions...so I don't step into an unanticipated mess. I see that my original plan to get married in Ghana is the best option. 

Fly your family to Ghana?  You’re taking kids into this?  Please tell me you’re not forcing children into this mess.