Requirements

[Apondi situnya 0]

Hi,I got a question.,,,,when I was making my application for visitor visa back then in Kenya I had indicated was married.and yes I got my visitor visa and came to the states.here met my husband now and we are now legally married.I would like to make application for adjustment of status  to permanent residence /green card.now my question is since the marriage in Kenya was not legal will it be a must to prove the marriage in Kenya ended.must-have divorce papers from  kenya?

Has anyone been in such situation how did you go about it? 

Thank for the feed back

[payxibka 10,045]

8 minutes ago, oyiersusan@yahoo. said:

Hi,I got a question.,,,,when I was making my application for visitor visa back then in Kenya I had indicated was married.and yes I got my visitor visa and came to the states.here met my husband now and we are now legally married.I would like to make application for adjustment of status  to permanent residence /green card.now my question is since the marriage in Kenya was not legal will it be a must to prove the marriage in Kenya ended.must-have divorce papers from  kenya?

Has anyone been in such situation how did you go about it? 

Thank for the feed back

They will have access to this misrepresented information and will request proof of termination 

[aaron2020 11,651]

Yeah, the US is going to want a divorce certificate from the marriage you indicated on your visitor visa application.  You lied to gain entry into the US, so your AOS can be denied for that reason.  This is not a DIY.  You are going to need a really good immigration lawyer.  

[Illiria 980]

This question comes up often but I have never seen one come back having successfully gotten out of this lie. Usually they ask the question and then never come back. 
 

All I have seen are those applying for fiancée visa or spousal visa rather than adjusting in country (not that it matters as all information is available for both agencies) but the same requirements apply and you will be asked for evidence that the marriage you swore existed was terminated. 
 

Is you husband prepared to move out of the US to live with you?

[PaulaCJohnny 713]

45 minutes ago, oyiersusan@yahoo. said:

Hi,I got a question.,,,,when I was making my application for visitor visa back then in Kenya I had indicated was married.and yes I got my visitor visa and came to the states.here met my husband now and we are now legally married.I would like to make application for adjustment of status  to permanent residence /green card.now my question is since the marriage in Kenya was not legal will it be a must to prove the marriage in Kenya ended.must-have divorce papers from  kenya?

Has anyone been in such situation how did you go about it? 

Thank for the feed back

You lied before but please do not try to submit a fake divorce papers. Find a really good lawyer.

 

Does your husband knows the truth?

 

Like other said he need to be prepared to the possibility to move to your home country with you.

 

In this moment,  for the imigration, you are married with 2 people, and this is polygamy, not allowed in the US. So you are in a much big trouble because your now marriage is not "valid".

 

Good luck and remember: NEVER LIE TO AN IMIGRATION OFFICER.

Edited February 5, 2021 by Paula&Johnny

[Juddy 22]

I was in the same scenario from Kenya, I had to get a certificate of ni impediment to marriage from Kenya to show that am free to marry, or maybe get a divorce certificate if you want/can

[PaulaCJohnny 713]

2 minutes ago, Juddy said:

I was in the same scenario from Kenya, I had to get a certificate of ni impediment to marriage from Kenya to show that am free to marry, or maybe get a divorce certificate if you want/can

Did you lied in you visa application and then married with other person and applied to an AOS?

Edited February 5, 2021 by Paula&Johnny

[Juddy 22]

I didn't lie, in Kenya we kind of consider cohabitation as marriage,  payment of dowry is enough to be considered marriage.  We do not marry legally, as most of us do customary marriage.  It's hard to divorce on paper if you were not married on paper. Anyway I was married in Kenya but not on paper

[PaulaCJohnny 713]

5 minutes ago, Juddy said:

I didn't lie, in Kenya we kind of consider cohabitation as marriage,  payment of dowry is enough to be considered marriage.  We do not marry legally, as most of us do customary marriage.  It's hard to divorce on paper if you were not married on paper. Anyway I was married in Kenya but not on 

 

.

Edited February 5, 2021 by Paula&Johnny

[Juddy 22]

I already got my green card and live with my husband here in the US.But thank you for the advice. I do appreciate.  Thanks

Edited February 5, 2021 by Juddy

[PaulaCJohnny 713]

Just now, Juddy said:

I already got my green card already but thank you for the advice. I do appreciate.  Thanks

The advice was for the OP not for you. Sorry

[Juddy 22]

Oh ok.got it

[Kionyo 5]

3 hours ago, payxibka said:

They will have access to this misrepresented information and will request proof of termination 

And polygamy is illegal! Just check and make sure the date of marriage termination and remarried don’t conflict!

[mushroomspore 3,044]

11 hours ago, oyiersusan@yahoo. said:

Hi,I got a question.,,,,when I was making my application for visitor visa back then in Kenya I had indicated was married.and yes I got my visitor visa and came to the states.here met my husband now and we are now legally married.I would like to make application for adjustment of status  to permanent residence /green card.now my question is since the marriage in Kenya was not legal will it be a must to prove the marriage in Kenya ended.must-have divorce papers from  kenya?

Has anyone been in such situation how did you go about it? 

Thank for the feed back

As others have said, the feds will ask for divorce papers from your first "marriage" to prove that you were free to marry your current husband. But also, your timeline is unclear. How long ago did you enter the US? Are you saying you entered the US with the tourist visa, MET your husband and then immediately married him all in the same vacation? That's also extremely suspicious and does not help your case at all. And lastly, you might want to change your username to something else instead of your personal email because, um, the feds do browse this forum.

[Crazy Cat 41,980]

15 hours ago, oyiersusan@yahoo. said:

Hi,I got a question.,,,,when I was making my application for visitor visa back then in Kenya I had indicated was married.and yes I got my visitor visa and came to the states.here met my husband now and we are now legally married.I would like to make application for adjustment of status  to permanent residence /green card.now my question is since the marriage in Kenya was not legal will it be a must to prove the marriage in Kenya ended.must-have divorce papers from  kenya?

Has anyone been in such situation how did you go about it? 

Thank for the feed back

This situation arises pretty often.  You have very, very serious matter on your hands.  If you claimed to be married on the B2 application, they WILL require proof of termination of that marriage.  I have never seen one of these cases resolved.....because it is a real mess.  You need a very good immigration attorney.