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Hello everybody, my case is complicated but need you advices and help.

My husband is a american citizen and we have married since 2012. But we get married here in my country in Senegal he was waiting his divorce paper. But here in my country it's not a problem it's polygami (you can have 4wifes) he take her official divorce 01 month after our marriage

When we submit a Cr-1 for spouse it was denied because they told us that our marriage is not available in the Us. So we thought to submit a K1 visa fiance and get married in the Us. We have 02 kids.

Your opinion please?

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My guess is you are also going to be considered “too married” for a K-1. 

 

Is he now officially divorced? That was a stupid mistake to get married again before the divorce was finalized. I know it’s possible in your country but he’s an American. He wouldn’t do that here so why would he do it anywhere else? Why couldn’t he just wait like every other American divorcée? I’m assuming he doesn’t live in Senegal? 

 

You should have a formal marriage ceremony now and then file the CR-1 again showing the marriage ceremony was performed AFTER the date that his divorce was finalized. 


 

 

 

 

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THANKS FOR YOUR RESPONSE. BUT IF WE DO THAT WE HAVE TO DIVORCE BEFORE. BECAUSE THE DATE OF OUR FIRST MARRIAGE HAVE TO BE CHANGED.

AT THE FIRST WE DIDN4T PLAN TO LIVE IN US THAT'S WHY WE GET MARRIED BEFORE THE DIVORCE. BUT IT WAS A BIG MISTAKE

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you have to divorce first

 

 

 


07/09/2018: ROC packet sent with USPS 2-day priority shipping

07/11/2018: ROC packet delivered to the Vermont Service Center

07/16/2018: NOA1 received by mail with 18 months extension (notice date 7/12 and check cashed)

08/07/2018: Biometrics appointment letter received by mail (notice date 7/27)

08/13/2018: Biometrics appointment at east Hartford, ct

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Divorce & re-marry. No other way.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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5 minutes ago, anaiss said:

THANK YOU I think so also it's a only way.

Just to clarify, his divorce with his ex is final now as well, correct?


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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Just seconding the advice.  While you may well be legally married in your country, that is for the law in your country.  For a marriage to be considered valid for US immigration purposes, you must both be legally free to marry WHEN your marriage takes place.  HE was not.  Therefore you ARE not married enough for a spouse visa but too married for a fiancee visa.  Terminate your current marriage, then marry again and file a new I-130 base on the second marriage to your (now) husband.

 

 


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