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Hello,

 

What implication having a 2 marriages? Yes, it was unfortunate due to poor decision. The marriages that we found is one is legal and one is null and void. While processing my brothers petition to migrate. On the form it shows his first wife, whom he is now separated. The null and void we have no idea what to do? Do we need to declare? Do we need to fix to have it really null and void, etc.? We are lost. Please kindly advice.

 

Thanks!

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Filed: Citizen (pnd) Country: Haiti
Timeline
12 minutes ago, Jaxjax2020 said:

Hello,

 

What implication having a 2 marriages? Yes, it was unfortunate due to poor decision. The marriages that we found is one is legal and one is null and void. While processing my brothers petition to migrate. On the form it shows his first wife, whom he is now separated. The null and void we have no idea what to do? Do we need to declare? Do we need to fix to have it really null and void, etc.? We are lost. Please kindly advice.

 

Thanks!

Was he married to two people at the same time or has he been married to two people at different times? Details make a whole lot of difference.


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23 minutes ago, Luckycuds said:

Was he married to two people at the same time or has he been married to two people at different times? Details make a whole lot of difference.

Thanks for reply! Timeline is almost the same time. 

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Filed: Citizen (apr) Country: Morocco
Timeline

What country is this?

you say divorce is not legal i the country and they are not legally separated in 1 of your posts/  immigration is going to want to see legal divorce papers before the 2nd marriage

knowing the country will help as the persons dealing with your embassy can  best advise on separation, and divorce issues there

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50 minutes ago, Jaxjax2020 said:

Hello,

 

What implication having a 2 marriages? Yes, it was unfortunate due to poor decision. The marriages that we found is one is legal and one is null and void. While processing my brothers petition to migrate. On the form it shows his first wife, whom he is now separated. The null and void we have no idea what to do? Do we need to declare? Do we need to fix to have it really null and void, etc.? We are lost. Please kindly advice.

 

Thanks!

“Poor decision”? This is not the same as legal (there) polygamy if I understand, but it sounds like bigamy. Bigamy is a crime of moral turpitude and therefore makes him inadmissible.  You may want to get a lawyer.

Edited by SusieQQQ

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Filed: Country: Vietnam (no flag)
Timeline
15 minutes ago, Jaxjax2020 said:

Thanks for reply! Timeline is almost the same time. 

Please clarify.  If you want help, you need to provide good answers to questions from people trying to help you.

 

What country is your brother from?


Was he legally married to two people at the same time?  Yes or no.

 

Is polygamy allowed where he's from?  Yes or no.

 

Did he commit bigamy by being married to two people at the same time?  Yes or no.

 

Edited by aaron2020

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1 hour ago, Jaxjax2020 said:

Hello,

 

What implication having a 2 marriages? Yes, it was unfortunate due to poor decision. The marriages that we found is one is legal and one is null and void. While processing my brothers petition to migrate. On the form it shows his first wife, whom he is now separated. The null and void we have no idea what to do? Do we need to declare? Do we need to fix to have it really null and void, etc.? We are lost. Please kindly advice.

 

Thanks!

One of the marriages will have to have legal termination documents.....

Edited by Lucky Cat

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Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

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Filed: Citizen (apr) Country: Iran
Timeline

Either way polygamy is illegal in the United States, only the first marriage is recognized. So he will need to divorce both wives and after the divorces are final he will have to remarry the second wife. He will declare both marriages, both divorces, and the remarriage to the active wife.

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15 minutes ago, belinda63 said:

Either way polygamy is illegal in the United States, only the first marriage is recognized. So he will need to divorce both wives and after the divorces are final he will have to remarry the second wife. He will declare both marriages, both divorces, and the remarriage to the active wife.

It’s still not clear if it’s polygamy or bigamy though. They are treated differently. If it was polygamy, why would the second marriage be “null and void”? 
 In any case yes he needs to declare both marriages. Doesn’t sound like he particularly wants to be married to either of them now though.

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Polygamy would only be an issue if he intended to bring the second concurrent spouse with him, or to practice it while in the US.

Bigamy could present an issue for just him to immigrate.


Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

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: AOS (apr) Country: New Zealand
Timeline
2 hours ago, geowrian said:

Polygamy would only be an issue if he intended to bring the second concurrent spouse with him

Wouldn't it call into question the legality of the marriage he's is either basing his NIV on, or the partner who is immigrating with him?  

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1 hour ago, Jorgedig said:

Wouldn't it call into question the legality of the marriage he's is either basing his NIV on, or the partner who is immigrating with him?  

What NIV? I did not see any reference to one. I only see the OP mentioned about a petition for his sibling.

If he is not immigrating as a derivative spouse and not bringing his own spouse(s), then the legality of the marriage is irrelevant.

Any plans to practice polygamy in the US would be an inadmissibility. And bigamy can be as well. But the legality of the marriage itself only matters if somebody is immigrating based on that marriage.


Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

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: AOS (apr) Country: New Zealand
Timeline
1 hour ago, geowrian said:

What NIV? I did not see any reference to one. I only see the OP mentioned about a petition for his sibling.

If he is not immigrating as a derivative spouse and not bringing his own spouse(s), then the legality of the marriage is irrelevant.

Any plans to practice polygamy in the US would be an inadmissibility. And bigamy can be as well. But the legality of the marriage itself only matters if somebody is immigrating based on that marriage.

Oops, I meant immigrant visa.  Didn't notice that the person in question was not intending to bring spouse.

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