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Posted (edited)

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 by Ayoubsaid
Adding info

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Filed: Timeline
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

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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. 

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Filed: Citizen (apr) Country: Canada
Timeline
Posted (edited)

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

Edited by Ontarkie

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Filed: Citizen (apr) Country: Canada
Timeline

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. 


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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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? 

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Filed: K-1 Visa Country: Wales
Timeline
Posted (edited)

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

Edited by Boiler

“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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6 minutes ago, Ayoubsaid said:

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

Correct.  

 


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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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.


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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Filed: K-1 Visa Country: Wales
Timeline

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


“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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Filed: Citizen (apr) Country: Ghana
Timeline
Posted (edited)
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 by Ray.Bonaquist

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Filed: AOS (apr) Country: Philippines
Timeline
Posted (edited)

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 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

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/16: sent

12/14/16: 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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Filed: IR-1/CR-1 Visa Country: China
Timeline

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


I-130                                                                 I-129F

Spoiler

 

Mailed: Mar. 9, 2019 (Phoenix LB)              Aug. 9,  2019

Delivered: Mar. 12, 2019                               Aug. 12, 2019

NOA1/PD: Mar. 15,  2019 (LIN)                   Aug. 15,  2019

NOA2: Sep. 24, 2019 - Approved                 Sep. 24, 2019 - Denied 

I-130 sent to NVC: Oct. 8, 2019

Received NVC: Oct. 18, 2019

NVC Case#: Nov. 09, 2019 (Assigned to China, should be Japan )

AOS Submitted: Nov. 18, 2019

IV Submitted:  Dec. 23, 2019

AOS/IV Approved: Jan. 16, 2020 

Interview Scheduled: Jan. 23, 2020

 

Request location change: Mid Nov. 2019 --> Feb. 21, 2020

Contacted my Reps (House, Senate): Feb. 5, 2020 - Rep contacted Guangzhou & Tokyo. 

Response 1: Feb. 11, 2020 - Guangzhou gave copy/paste info to my Rep's office.

Response 2: Feb. 18, 2020 - Tokyo Embassy - Requested transfer fm China - Case moved to Administrative Processing 

Response 3: Feb. 21, 2020 - Transfer complete; New interview scheduled.

 

Interview Date: Mar. 2, 2020 - Tokyo Embassy 

Interview Result: Approved

Visa Issued: Mar. 4, 2020

Visa in hand: Mar. 6, 2020

 

Time: ~359 Days from start to finish 

POE:  Stupid COVID-19 delaying travel to the US :clock:

 

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