Regarding divorce certificate dated after marriage certificate

[pushbrk 13,611]

7 hours ago, Hanan ela said:

Thanks for all replies  i want to know .lets say i devorced and marry again and fill new application how can i justify the first application 

You don't "justify" anything.  You simply tell the truth, just the way you did in the first post you made in this topic.  With regard to US Immigration Laws, you are NOT MARRIED to the petitioner. (Not legally married.)  You CAN become legally married now and start over with a CR1 visa process.  How you manage to do that in Morocco, is a matter of Moroccan law.

 

Some things are simple.  Sometimes actions complicate things.  In YOUR eyes, you are married.  For US Immigration, you are not.  Getting married and starting over is your only option.  You are definitely one of those couples who is not married enough for a spouse visa AND "too married" for a fiancee visa.  Yes, that's a real thing and you are it.

[JeanneAdil 7,081]

On 12/30/2020 at 4:44 PM, Evetskomplitz said:

On the legal point of view, any marriage that is conducted while another legal marriage subsists, such marriage is void. Therefore, there is no marriage that exists between you and your husband. All you need to do is put up a letter to the Marriage Registry that your earlier marriage was done in error, that you were ignorant of the law that such marriage while another subsists is void. You should attach the old marriage certificate between your husband and her estranged wife and also the divorce decree. Once this is done the authority will re-enlist you for a new legal marriage and you will obtain a new marriage certificate. This is an ignorance and irregularity that can be cured with just an ordinary letter of information to the marriage registry. Good luck.

 

but it is legal under Islam and Morocco law where she lives / so she needs a Moroccan lawyer to dissolve the issue/Morocco does accept certifcate from another Arab nation without questioning if the 1st wife approved / basically if she registered the marriage when she returned to her country of Morocco,  it is considered married but the US does not recognize it as such

this couple is not well informed on US laws

[Boiler 47,478]

How was she able to register the marriage without the first wifes approval?

[Hanan ela 2]

On 1/1/2021 at 12:51 AM, pushbrk said:

You don't "justify" anything.  You simply tell the truth, just the way you did in the first post you made in this topic.  With regard to US Immigration Laws, you are NOT MARRIED to the petitioner. (Not legally married.)  You CAN become legally married now and start over with a CR1 visa process.  How you manage to do that in Morocco, is a matter of Moroccan law.

 

Some things are simple.  Sometimes actions complicate things.  In YOUR eyes, you are married.  For US Immigration, you are not.  Getting married and starting over is your only option.  You are definitely one of those couples who is not married enough for a spouse visa AND "too married" for a fiancee visa.  Yes, that's a real thing and you are it.

So i devorce and marry and then apply again and with the new application  i write letter explaining everything  regarding my situation?  Is this right 

[Hanan ela 2]

On 1/1/2021 at 2:05 AM, Boiler said:

How was she able to register the marriage without the first wifes approval?

Is the judge who approve the marriage that time its not against  law in uae

[pushbrk 13,611]

40 minutes ago, Hanan ela said:

So i devorce and marry and then apply again and with the new application  i write letter explaining everything  regarding my situation?  Is this right 

Whether you need to divorce or not is a matter for the authorities in the governmental jurisdiction where you will marry.  For US Immigration purposes you are considered NOT married to the person you refer to as your current spouse.  In the context of US Immigration, you do not need to divorce that person.  What Morocco or any other country in which you might consider getting married requires, is something to inquire about with those local government officials.

[Hanan ela 2]

1 hour ago, pushbrk said:

Whether you need to divorce or not is a matter for the authorities in the governmental jurisdiction where you will marry.  For US Immigration purposes you are considered NOT married to the person you refer to as your current spouse.  In the context of US Immigration, you do not need to divorce that person.  What Morocco or any other country in which you might consider getting married requires, is something to inquire about with those local government officials.

Thank u for answering. Do i need letter to justify the first application 

[pushbrk 13,611]

32 minutes ago, Hanan ela said:

Thank u for answering. Do i need letter to justify the first application 

A very brief explanation is probably in order, but not absolutely necessary.  Don't think in terms of justifying, no matter how tempting it is.  A couple sentences stating facts will do.  They already have the information in the previous filing.

[Hanan ela 2]

16 minutes ago, pushbrk said:

A very brief explanation is probably in order, but not absolutely necessary.  Don't think in terms of justifying, no matter how tempting it is.  A couple sentences stating facts will do.  They already have the information in the previous filing.

Thank you very much for your advice and suggestions, much appreciated. Happy new year.

[Boiler 47,478]

So in the UAE you do not require the Wife No1 approval?

[Hanan ela 2]

42 minutes ago, Boiler said:

So in the UAE you do not require the Wife No1 approval?

No you don't  need it

Edited January 3, 2021 by Hanan ela

[Boiler 47,478]

Well seems there is a difference in requirements so even more stresses the need for competentent legal guidance.

[Hanan ela 2]

1 hour ago, Boiler said:

Well seems there is a difference in requirements so even more stresses the need for competentent legal guidance.

Yes and the problem  in Morocco  its more stressful  even just to look for legal advice. themselves they dont know what they are doing and you endup in circele with no straight answer 

[Evetskomplitz 6]

2 hours ago, pushbrk said:

A very brief explanation is probably in order, but not absolutely necessary.  Don't think in terms of justifying, no matter how tempting it is.  A couple sentences stating facts will do.  They already have the information in the previous filing.

I will prefer like I stated in one of my previous posts that this statement of facts should come in form of an affidavit since it is under an oath and under the heading of a court of record. The statement will carry more weight.

[pushbrk 13,611]

8 minutes ago, Evetskomplitz said:

I will prefer like I stated in one of my previous posts that this statement of facts should come in form of an affidavit since it is under an oath and under the heading of a court of record. The statement will carry more weight.

You can do that if you want, but your statement need not "carry weight".  It is only for clarity.  "We thought we were legally married per US Immigration policy but now we know we weren't.  We are now."  There, I said it for you in two short sentences.  They already have the facts of the past marriage/case/petition/visa denial in their own files.