Asking for a friend :) :)

[Roel 7,191]

I will keep you all updated, I'm also curious what will happen once she re-marries and try to continue her process. 

I'll try to get more info when I see her next week also. 

[EM_Vandaveer 2,368]

15 hours ago, Cathi said:

If they don't think the divorce certificate is valid then wouldn't he need to get divorced again before the remarry?

This and a hundred time this!

 

[EM_Vandaveer 2,368]

14 hours ago, username_taken said:

@Ash.1101 http://www.thetransitionalmale.com/marlaws1

 This website shows what you need to marry in each state. Some need proof of divorce and some do not. If that is part of the issue they are having then are they going back to the same state to marry again? I think like others have said it really depends on what the issue is USCIS is having with their paperwork - which hasnt been posted. Getting married again in the same location may or may not solve the issue.

In TX they only ask if either party has been divorced in the last 30 days (because you have to wait 30 days between divorce and re-marriage in TX) but if you say no, they don't even ask you if you are divorced, never mind your divorce decree. This is just an example.

[Nitas_man 3,100]

Are you sure that this is not a date issue where the divorce certificate was dated after their marriage date?  That would be the only reason I can think of that would make their marriage not “legally valid” and would force them to do it again.

If the divorce certificate is not recognized, they can marry 100x and still not be eligible for immigration.  This sounds like a case of “marry before divorce”.

Edited March 31, 2019 by Nitas_man

[Roel 7,191]

So and update, if anyone is interested. I dont know if this clarifies things or not. 😛

 

1. Husband and wife no.1 weren't residents of Mexico and had nothing to do with Mexico. But they found out that divorcing "through " Mexico is somewhat faster and cheaper than divorcing in the US. 

2. Husband and wife no.2 (my friend) married in the US and moved to Germany, where they registered their marriage with German Gov. 

3. Immigration decided that Mexican divorce is not good enough and that husband was still married to wife no.1 (I think, she didnt mention anything about fixing the divorce issue). 

4. Since they registered their marriage in Germany already, they cannot do it again (?) Hence they need to get married in the US (again). 

 

Also Frankfurst consulate turned them away when they tried DCF so they are going with regular spouse Visa. Overall it's all messed up and I guess better make sure to always divorce properly. 😛

[Boiler 43,429]

They seemed to have missed the important but about getting a Divorce.

[Paul & Mallory 1,398]

That's so confusing. If the issue is his previous divorce, what is getting married again to the current wife going to fix? Shouldn't he be getting divorced "again" instead of married again?

[Roel 7,191]

51 minutes ago, Boiler said:

They seemed to have missed the important but about getting a Divorce.

 

4 minutes ago, Paul & Mallory said:

That's so confusing. If the issue is his previous divorce, what is getting married again to the current wife going to fix? Shouldn't he be getting divorced "again" instead of married again?

No idea. She didnt mention anything about divorcing again. I'd assume they should do it since they need a valid divorce certificate for USCIS.. but honestly I dont know lol. 

[TBoneTX 43,048]

The above proves yet again that the most dangerous food is Wedding Cake.

[Nitas_man 3,100]

On 4/2/2019 at 6:38 AM, Roel said:

So and update, if anyone is interested. I dont know if this clarifies things or not. 😛

 

1. Husband and wife no.1 weren't residents of Mexico and had nothing to do with Mexico. But they found out that divorcing "through " Mexico is somewhat faster and cheaper than divorcing in the US. 

2. Husband and wife no.2 (my friend) married in the US and moved to Germany, where they registered their marriage with German Gov. 

3. Immigration decided that Mexican divorce is not good enough and that husband was still married to wife no.1 (I think, she didnt mention anything about fixing the divorce issue). 

4. Since they registered their marriage in Germany already, they cannot do it again (?) Hence they need to get married in the US (again). 

 

Also Frankfurst consulate turned them away when they tried DCF so they are going with regular spouse Visa. Overall it's all messed up and I guess better make sure to always divorce properly. 😛

 

https://www.international-divorce.com/d-mexico.htm

 

I don’t think your friend’s husband was ever legally divorced, which in the US makes their marriage invalid.  Filing this officially to USCIS for marriage immigration benefits might be a bad idea.

 

 

 

 

 

[aaron2020 11,651]

The Mexican divorce is invalid.  That's the problem.  Getting remarried in the US does not solve the fact that the first marriage has not been properly terminated.  Bigamy is not a solution here.  They completely did not hear the first part, "divorce properly, and remarry."  They only heard the "remarry" part.  

[Roel 7,191]

Well my friend send off her petition and it was rejected because they didnt sign the money order.  So they send it again..

 

😛

We talked today about the interview experience and biometrics and such and she said she already sold her house and she's leaving for US in July... which I told her there is no chance she'll get a spouse visa by then.  She said she doesnt care and she has to leave by July no matter what. She has a valid ESTA so she is just planning on using that and adjusting status in the US. 

 

I dont understand what's the point of sending of i130 anyway then, she understands that her plan is illegal but doesnt mind. 

 

I'm just worried what will happen  when she is denied entry - she is quitting her job, house sold, immigration petition is processing... This will be a mess. 

 

Also this is yet another example how people exploit the system and use their tourist privileges to "spontaneously" decide to adjust status...  everything to just skip that long line for immigration visa.  

[NigeriaorBust 4,087]

Worse yet , when she tries to adjust through a bigamous marriage it will be denied, she will have overstayed esta and be on the deportation list .  Well hubby could walk away no harm to foul  and she has no status or why of getting status here. 

[Boiler 43,429]

Presume they will get a legal divorce done in the US and marry?

[Roel 7,191]

1 hour ago, Boiler said:

Presume they will get a legal divorce done in the US and marry?

I have no idea at this point. I know they got married again in the US couple months ago...

 

IMO she'll have uphill battle ahead but she wasn't interested in any advises at this point.