Cr1 denied

[Unknown1234543 0]

Hello 

 Where to begin. When I was 18 I was dumb and made the mistake of eloping. After a couple months me and the girl decided we had made a mistake. I moved over seas to Palestine and she stayed in America. While over seas we decided to start our divorce papers which took Roughly a year . During that time I had met another girl who lived in Palestine. After sometime we decided to get married. In Islamic culture before the wedding we do an official marriage contract. Which we did 2 months before our wedding. We got married and lived in Palestine for a year together before deciding to start her cr1 visa application. Everything went smoothly, we had our interview ,co said everything was fine but we were missing documents. He advised us to send the missing documents as well as her passport back to the embassy and they would issue a visa. Fast forward to today and we received her passport back saying her papers will be sent back to uscis under ina 212 a 5. Upon searching that code I discovered it was a code regarding work, which she wasn’t going to do because her occupation is a homemaker. So I decided to email the embassy and this what they sent back “Thank you for contacting us. The refusal code you see on the refusal sheet pertains to your case, in which it was found that the relationship between you and the applicant is not valid for immigration purposes. Specifically, it was found that you were still married to your first spouse when you contracted with your current one. As a result, we are returning the petition to the USCIS for further action and possible revocation. If USCIS determines that the information we are providing would provide a sufficient foundation for initiating revocation proceedings, it will send the petitioner a notice of intent to revoke that includes a statement of the facts and evidence, and you will have the opportunity to respond.”

 

So after receiving this I decided to check the date on my divorce paper and new marriage certificate and BAM there’s a 5 day difference. I never thought to check the dates the whole divorce situation happened while I was overseas. When I got married overseas to my knowledge my divorce had already been processed but boy was I wrong. What do I do now. I am fully divorced and happily married To my wife. Please any help would be appreciated.

 

Divore date October 26 2017

Current: October 22 2017 

Edited March 4, 2020 by Ayoubsaid
Adding info

[databit 328]

9 minutes ago, Ayoubsaid said:

I am fully divorced and happily married To my wife.

 

Divore date October 26 2017

Current: October 22 2017 

No, you're not married in the eyes of US immigration unless you get married again, legally

[Unknown1234543 0]

1 minute ago, databit said:

No, you're not married in the eyes of US immigration unless you get married again, legally

I am legally married in the state of Palestine. The date on the marriage license we have is Oct 22 2017.  But my divorce papers in the us didn’t finish til Oct 26 2017. 

[Ontarkie 13,898]

Nothing else you can do but to get married and start all over. 

Edited March 4, 2020 by Ontarkie

[Ontarkie 13,898]

Adding that as your divorce date is after your second marriage date you cannot use that marriage. It is invalid according to US laws. You cannot be married to two ppl at once. 

[Unknown1234543 0]

3 minutes ago, Ontarkie said:

Adding that as your divorce date is after your second marriage date you cannot use that marriage. It is invalid according to US laws. You cannot be married to two ppl at once. 

So I would have to divorce my wife and then re marry her? 

[Boiler 43,381]

Presumably you can be married to 2 people at the same time in Palestine, US does not recognise 2nd wives.

Edited March 4, 2020 by Boiler

[Unknown1234543 0]

I know that i had no intention on having a “2nd wife”. I thought my divorce papers were finalized. 

[Just Paul 4,591]

6 minutes ago, Ayoubsaid said:

So I would have to divorce my wife and then re marry her? 

Correct.  

 

[Just Paul 4,591]

1 minute ago, Ayoubsaid said:

I know that i had no intention on having a “2nd wife”. I thought my divorce papers were finalized. 

But according to the dates you were married to two people for 5 days.   Your 2nd marriage is invalid for US Immigration.

[Boiler 43,381]

Sounds like you need a Family Lawyer to sort this out.

[Mintosman 11]

Is it possible Islamic law will allow you to marry your current wife "again" without a divorce? I apologize if that is a silly question. 

[African Zealot 1,452]

3 hours ago, Ayoubsaid said:

I know that i had no intention on having a “2nd wife”. I thought my divorce papers were finalized. 

Unfortunately what you think/thought is irrelevant. What is relevant are the facts. The lesson here is when it comes to USA immigration issues, you dot your i's and cross your t's. 

 

Alas, a legal remedy (nunc pro tunc i.e. backdating) which is applicable in some circumstances is not available in your case. Case law from the Nevada Supreme Court says nunc pro tunc (backdating) orders cannot change date of divorce if no error was made by the court.

 

All the best as you extricate yourself from the entanglement. A divorce and remarriage to your current spouse partner is the way forward.

 

https://lawprofessors.typepad.com/family_law/2006/07/case_law_develo_11.html

Edited March 4, 2020 by Ray.Bonaquist

[geowrian 22,335]

Agreed with the others - the second marriage is not recognized by the US. You will need to get married in compliance with US law. Whether this means a divorce, annulment, a court order, or whatever other means is necessary is something to discuss with a family law attorney.

Given the circumstances, I would not expect a misrepresentation finding. It appears it was not a knowingly false claim to be married.

So it's a setback in time and money, but the good news is there is a resolution.

Good luck.

 

Edit:

4 hours ago, Ayoubsaid said:

I am legally married in the state of Palestine. The date on the marriage license we have is Oct 22 2017.  But my divorce papers in the us didn’t finish til Oct 26 2017. 

Just want to reiterate why you need a family law attorney...your marriage in Palestine may or may not actually be legal. I'm not sure what - or if anything - was claimed about already being married on the existing marriage license. If that claim was incorrect, the marriage may or may not actually be legal there as well...they just aren't aware of it yet.

Edited March 4, 2020 by geowrian

[Scott001 119]

Is it possible to remarry in a 3rd (another) country and have that one recognized by USCIS?