Found out at my VAWA-I485 interview that my spouse was married(merged Update Approved)

[OldUser 5,065]

4 minutes ago, Abuga said:

OK. Can this be salvaged? Can I do anything about this?

Talk to a lawyer. This is 100% not a DIY case. Do you have any other status? If not, you might have accrued 10 year bar by now.

 

I don't know if your ex could cooperate and produce any real paperwork regarding his previous marriages and divorces. If not, I don't think you have any chance unfortunately. 

Edited December 15, 2022 by OldUser

[Abuga 25]

I have spoken to my lawyer and she thinks that the case can be petition that the marriage was entered in good faith. That was what my lawyer said

[OldUser 5,065]

9 minutes ago, Abuga said:

I have spoken to my lawyer and she thinks that the case can be petition that the marriage was entered in good faith. That was what my lawyer said

Did the lawyer know what you know now? E.g. USC's previous marriage without divorce docs available?

 

If USC was still married to someone else, there was no any legal marriage between you and her. You did not enter a marriage. And if you were not married, there were no grounds for WAVA and I-485. That's the gist of it.

 

That's a sad and tragic situation you're in...

Edited December 15, 2022 by OldUser

[Abuga 25]

Just so sad. I have been trying to reach her but it doesnt go through. So confused

[Dashinka 23,355]

I agree with @OldUser, this is definitely not a DIY case.  If your lawyer knows now about the previous marriage and is saying you should still be able to adjust, they may know something we don’t know.  On the surface it appears this was never a valid marriage, but you did not know this, so a VAWA may be possible.  What isn’t clear to me is the timelines involved, so your ex was already married when they petitioned for you (which visa? K1, spousal visa, etc.?) and now they are petitioning for their previous spouse.  Are you sure this is not a case of your ex immediately looking for a new spouse after your divorce?

 

Good Luck!

[Abuga 25]

You may be right. Because after she left, she was so much on me to file for a divorce which we did.

[SalishSea 16,860]

Sounds like maybe she was in the business of bringing over immigrants for money.

[OldUser 5,065]

3 minutes ago, Abuga said:

You may be right. Because after she left, she was so much on me to file for a divorce which we did.

If that's the case, you may be in a better situation, depending on other factors.

 

2 minutes ago, Jorgedig said:

Sounds like maybe she was in the business of bringing over immigrants for money.

That would be very bad news for the OP. Even of they did not do anything like this and were genuinely in love, their case would be scrutinized because of any wrongdoings by USC.

 

[Dashinka 23,355]

9 minutes ago, Abuga said:

You may be right. Because after she left, she was so much on me to file for a divorce which we did.

So how long ago was it that you filed for divorce, and when was the divorce finalized?

 

7 minutes ago, Jorgedig said:

Sounds like maybe she was in the business of bringing over immigrants for money.

Very well could be.

[JeanneAdil 6,243]

1 hour ago, Abuga said:

You may be right. Because after she left, she was so much on me to file for a divorce which we did.

how?  if u aren't married ,  no divorce needed 

 

[Abuga 25]

We were married (me and the USC). But she also had a marriage with another guy in Morrocco . I got to know about this at the interview. So yes we were married but she was not 'free' to marry me when she was married to the moroccan

[Lil bear 3,842]

17 minutes ago, Abuga said:

We were married (me and the USC). But she also had a marriage with another guy in Morrocco . I got to know about this at the interview. So yes we were married but she was not 'free' to marry me when she was married to the moroccan

If I'm reading your posts correctly .. she was already married to the Moroccan when she had the marriage ceremony with you. If this is correct, then your ceremony is null and void and you are not legally married in the US 

[OldUser 5,065]

26 minutes ago, Abuga said:

We were married (me and the USC). But she also had a marriage with another guy in Morrocco .

Finita, la commedia...

I don't think you can stay in the US unless you have any other valid status.

Very unfortunate. 

Consult with a lawyer of course to see if there's any special provision allowing you to stay.

[Abuga 25]

Got it

[Kanja 201]

So this happened to my husbands cousin. He came over back in 2009 on a k1 visa, he got his conditional green card like normal. Had three children with his wife. When he went to remove conditions or when he went to file for citizenship (I don’t recall which process it was revealed on), it came out that she was actually married when she petitioned for him and when she married him. 
 

It was  revealed because the person USC (wife) was first married to, tried to submit a petition for a k1 visa  and was actually truthful. He submitted the divorce decree and it showed a date after her petitioning and marriage to the beneficiary (my husbands cousin).

 

he ended up getting a lawyer and he was able to get his citizenship and remain in the country: the only difference is is that he stayed with the usc petitioner but ( I guess they had to remarry? That part I wasn’t clear on).