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Uoiee

Filed for CR1, just found out I have a previous marriage.

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I've been married and living abroad for almost 15 years. I got married out of the US. Previously, when I was young and dumb, I was briefly married in the US, and apparently I still am.

 

My then (and still now) spouse said a very long time ago, before I got married to my now wife, that she annulled the marriage. All this time I thought that our marriage had ended. I'm just now finding out that that was not the case and that there is no record of our divorce.

 

I've already filed the i130 and waiting for the NOA.

 

What will happen now and how can I remedy this? 

 

Thank you for any advice.

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Filed: IR-1/CR-1 Visa Country: Jordan
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17 minutes ago, Jordanian Bride said:

You just take people’s word for it when it comes to important things like divorce? Annulment is so difficult to do, btw. Most people who want to annul their marriages end up being told they’re not eligible. That should have been your first red flag.

 

You are not a child, you should have asked for the annulment decree many years ago. Now you are committing bigamy, and you put your current spouse in a bad position.

 

From my limited knowledge, you’ll have to divorce your spouse in the US, then your second spouse abroad. Lastly, you’ll have to marry your second spouse again. 

You’ll need your previous marriage’s divorce certificate. File for divorce and obtain the certificate ASAP. The reason you’ll need to divorce your second spouse afterwards is because USCIS will not accept the overlap in the marriages. You’ll need a new marriage certificate that shows no overlap. Lastly, you’ll have to sign a letter explaining what happened and that you never intended to commit bigamy.

Edited by Jordanian Bride
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1 hour ago, Uoiee said:

I've been married and living abroad for almost 15 years. I got married out of the US. Previously, when I was young and dumb, I was briefly married in the US, and apparently I still am.

 

My then (and still now) spouse said a very long time ago, before I got married to my now wife, that she annulled the marriage. All this time I thought that our marriage had ended. I'm just now finding out that that was not the case and that there is no record of our divorce.

 

I've already filed the i130 and waiting for the NOA.

 

What will happen now and how can I remedy this? 

 

Thank you for any advice.

1) You have to withdraw the I-130 because your current marriage is invalid. 

2) Do a proper divorce with 1st spouse

3) remarry the current “spouse”

4) File a new I-130 and be ready to explain the reason why you withdraw the previous one. 
 

As long as you do the right thing and follow the steps you should be fine. Only down side is lost time but more you wait more time you’ll lose at this point. Good luck!
 

 

Edited by mamba69
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Filed: IR-1/CR-1 Visa Country: Jordan
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Just now, seekingthetruth said:

If he would have been honest on the applications he would have disclosed the first marriage, and would have had to provide proof at that time.  Apparently he tried to skate around that little detail.  You don't just forget a marriage.

Yeah, it’s dishonest and even if the divorce were finalized, he’d still have to be transparent about it and attach a divorce certificate. It’s one of the most important documents in a petition like that. What a careless attitude.

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Filed: Citizen (pnd) Country: Morocco
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1.  You will need to obtain a divorce from your first wife, then re-marry your 2nd wife.

 

2.  You will need to refile with Immigration and write an explanation of what happened o0f why you did not disclose first marriage,  and include with your Divorce Decree from #1 Wife

 

You're not the first and won't be the last this happens to a person, but your attitude at time of interview on this matter and why you did not mentioned first marriage in the petition could make or break a visa being issue for your 2nd wife.

 

 

 

 

 

 

Formally Known as Paris Heart   A long, long time ago       france paris GIF

 

 

N-400  APPLIED FOR CITIZENSHIP:    Interview will be Houston Tx office.

Mailed:  11/13/2023

Delivered to USCIS Lock Box:  11/15/2023

Credit Card payment processed:  11-16-2023

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I-797C Receipt received:  11-27-2023

Biometrics  will be reused per letter: 11-27-2023

 

 

 

 

 

FILED  AOS FROM AN EXPIRED VISITORS VISA:

 

Sent: 9/12/16: I-130 + I-485 + I-765 (USPS)

Delivered: Sept. 15th 2016 to Chicago Lock Box

Interview Feb  21st, 2018 for I-485

Interview  May 13th, 2019 for I-130 Stokes interview ( 2 minutes)

NOID issued May 17th 2019

June 5th,2019   USCIS received my response on the  NOID// Addressed the NOID myself, No lawyer ever used in case.

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     happy tom and jerry GIF

 

 

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10 hours ago, mamba69 said:

1) You have to withdraw the I-130

3) remarry the current “spouse”

 

 

Thanks everyone. Yes I agree. It was stupid on my part. I should have known better.

 

1) How do I withdraw?

 

2) When I finalize both divorces and "remarry" my wife, am I still doing IR1 (which is what I meant in the title)?

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8 minutes ago, Uoiee said:

Thanks everyone. Yes I agree. It was stupid on my part. I should have known better.

 

1) How do I withdraw?

 

2) When I finalize both divorces and "remarry" my wife, am I still doing IR1 (which is what I meant in the title)?

1) Write a letter to the exact USCIS service center currently processing your case. Make sure it includes all the information such as names of petitioner and beneficiary, date of birth, receipt number + your statement saying you want to withdraw the petition.

 

2) CR1/IR1 yes. Most likely CR1 since time will restart. 

Edited by mamba69
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Filed: K-1 Visa Country: Sweden
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44 minutes ago, Uoiee said:

Thanks everyone. Yes I agree. It was stupid on my part. I should have known better.

 

1) How do I withdraw?

 

2) When I finalize both divorces and "remarry" my wife, am I still doing IR1 (which is what I meant in the title)?

Yes you file a new i-130 once you have the divorce decree from ALL your prior marriages (doesn't matter if it's just 1 or 100) and have married your girlfriend (she is not your wife). Depending on how long the process takes, it could be a CR-1 or an IR-1 visa. IR-1 if you have been married for over two years when she enters the US (the clock starts counting from the wedding day, which you haven't had yet). 

K-1: 12-22-2015 - 09-07-2016

AP: 12-20-2016 - 04-07-2017

EAD: 01-18-2017 - 05-30-2017

AOS: 12-20-2016 - 07-26-2017

ROC: 04-22-2019 - 04-22-2020
Naturalization: 05-01-2020 - 03-16-2021

U.S. passport: 03-30-2021 - 05-08-2021

En livstid i krig. Göteborg killed it. Epic:
https://www.youtube.com/watch?v=WBs3G1PvyfM&ab_channel=Sabaton

 

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3 hours ago, Uoiee said:

Thanks everyone. Yes I agree. It was stupid on my part. I should have known better.

 

1) How do I withdraw?

 

2) When I finalize both divorces and "remarry" my wife, am I still doing IR1 (which is what I meant in the title)?

there is no divorce in your current marriage because it's invalid, you have to get married again.

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Filed: Other Country: China
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15 hours ago, Jordanian Bride said:

You just take people’s word for it when it comes to important things like divorce? Annulment is so difficult to do, btw. Most people who want to annul their marriages end up being told they’re not eligible. That should have been your first red flag.

 

You are not a child, you should have asked for the annulment decree many years ago. Now you are committing bigamy, and you put your current spouse in a bad position.

 

From my limited knowledge, you’ll have to divorce your spouse in the US, then your second spouse abroad. Lastly, you’ll have to marry your second spouse again. 

Correct, but FIRST, withdraw the I-130.  Don't say why.  Just do it.  What's strange to me is that you knew you were married before, even if you thought it was annulled.  U-130 instructions are clear that you list the previous marriages and evidence they were terminated.  That you had no evidence should have been a CLUE.  Note that if you are "married" you're married everywhere, not just in the country where the marriage was officiated.

 

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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Filed: Other Country: China
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3 hours ago, Uoiee said:

Thanks everyone. Yes I agree. It was stupid on my part. I should have known better.

 

1) How do I withdraw?

 

2) When I finalize both divorces and "remarry" my wife, am I still doing IR1 (which is what I meant in the title)?

No.  Your new marriage date will be the effective date of your marriage.  Do you not understand yet that you are NOT legally married to the woman you are calling your wife of 15 years.  You issue is not just that you neglected to mention a prior marriage. You failed to mention you are currently married to the woman you trusted "annulled" your marriage.  You are NOT legally married to the person you filed the petition for, but you cannot remarry her without divorcing first.  Real can of worms.  You do understand Bigamy is a CRIME, right?

You may also have committed fraud.  Probably did. Every country I know of besides the USA, requires an affidavit Notarized by a US Consular Officer regarding any past marriages when Americans apply for a marriage license.  You signed that false affidavit in front of a US Consular Officer.

Edited by pushbrk

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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