TCKB-07

I am so early in everything, I'm not even married yet. I am really just trying to figure out the best way to go about such a big move, when and how to do everything and not trying to make any serious mistakes in the beginning. My plan A is to move to Ghana this year, build a home, build a school and help our community. This was my goal prior to meeting my fiance' and still my plan now. Ironically, people in Ghana could speculate that I am using him to get dual citizenship in Ghana, or marrying him for his wealth and status.  How about that for irony lol. I have a lot to think about and a lot to discuss. Of course no one can predict the future, but I like to try to anticipate it and plan for it as much as possible. I appreciate your reply. 

Thank you. I am also retired, so my Tricare will cover me, thankfully. It may mean being reimbursed in certain instances, but if I need to get sent to like Germany, I will be good to go. 

If your boyfriend or fiance in Ghana is a chief with a lot of wealth and influence there, and does not want to leave, he will never be able to immigrate to the US, become a permanent resident, get a green card, or eventually naturalize and become a US citizen.  Immigrant visas are for immigration, i.e., to permanently live in the US, at least long enough to satisfy residency requirements to become a citizen, and that takes a minimum of three years after becoming a legal permanent resident.  There is no way he can become a green card holder or a US citizen living in Ghana, even if married according to the laws of Ghana, to a US citizen.  If his B2 visa is denied, then you have already stated your plan B, to move to Ghana, marry him there according to the laws of his country, and live there with him happily ever after.  Just keep in mind that if you do this, it will continue to be a challenge for him to get a B2 visa to visit your family in the US because Ghana is a high visa fraud country so his applications will always be given a lot of scrutiny, even after you are "sort of married" to him, as a CO or CBPO might see your relationship and be concerned that if he goes to the US as a tourist with a US citizen girlfriend/fiancee/sort of wife, he might stay in the US and try to adjust status while there.  I must say you have been so good about all of the comments given, and appreciative of the advice, so good for you!  And good luck with your journey wherever it takes you.  You will do a lot of good in Ghana it sounds like.

The US recognizes a non-registered, customary marriage with Ghana. One would not be considered single if still customarily married to somebody.
 
https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Ghana.html
"Marriage
Available for marriages entered into under civil law from the Principal Registrar of Marriages, C/O Registrar General's Office, P.O. Box 118, Accra, Ghana. There is a fee for this service. Most marriages are performed under customary law, and written records are kept only if the couple chooses to register the marriage with the local council. Persons married under customary law who subsequently wish to marry under civil law must obtain a civil marriage certificate which reflects the words "married under native customary law" in the space provided for "condition." Polygamous marriage is permissible under the customary law of some groups, but not under civil law."

Stay on topic or they will close this thread.
 
Also OP, my VA healthcare did not cover outside the US. So if you plan on living on Ghana that is something you might want to consider.

If he gets a B visa, have him come here and meet your family. Don’t get married till you go back to Ghana. The rest is confusing because you talk variously about living there and getting him citizenship, mutually exclusive factors. I come from a country where polygamous tribal marriages are legal, it’s not Ghana, but I’m sure there are parallels. Just be sure you know where in the hierarchy you’ll be. And why. Why does this Ghanaian chief want to import a US bride?
 
—
and yes, perceptions about Ghana matter, maybe not here but certainly at the consulate. 56% of Ghanaian applicants for B visas are refused. It also has one of the highest refusal rates for DV visas (which are more often than not a slam dunk for those being selected). There are forums where Ghanaians talk openly about falsifying documents, lying at interview etc. different culture about a lot of things,not just marriage, but a lot of that falls foul of US immigration law.

You’re just going to get a lot of people here ######## on you in a knee jerk fashion because they do not understand Ghanaian customs and partly perhaps becauseyour explanation was not very clear to them



 



I am Ghanaian and I happen to understand what you are doing. He’s coming over here for a customary marriage ceremony with you. In actual fact that marriage is not recognized by the USA  until you register it in the Ghanaian courts (or registry) under our customary marriage ordinance. Thus so far as you do not register it, you have not committed bigamy per USA perspective. It’s akin to people in the USA having a church wedding but not signing the documents. So what you’re doing is a marriage ceremony (which will be recognized by his people because they only care about the ceremony) which is not legally recognized by the USA.



 



Next you talk about filing a B2 visa for him. That is inaccurate, nobody files or petitions a B2 for anyone. You may be inviting him however you’re not filing for him. He’s applying himself. Heck he can still apply without your invitation. Additionally in the future he does not have to fill out on his forms that he’s married to you because he’s not per the USA until the marriage is registered.



 



Additinally although he has a stool wife, if he hasn’t registered it in Ghana, then he’s actually not married to the stool wife in Ghana (per the USA) and hence he’s actually single and free to marry you and register it in Ghana without either of you falling afoul of bigamy laws in the USA.



 



I hope this clarifies things for you. You may consult a Ghanaian family law practitioner for clarification.



 



The link below gives some perspective.



 



http://www.kma.gov.gh/kma/?marriage-services&page=5354

As long as you do not legally marry in the US, it wouldn't be illegal.
The first step is getting the tourist visa. Until then, any talk of marrying in the US is pretty moot. If he wants to visit, then he applies for the visa and gets that first. The circumstances noted here make this a very large hurdle.
He will need to declare that he is married on the DS-160.
 
If you cross the line into a (il)legal marriage (not just an unregistered marriage), you're in for a boatload of trouble for anything related to the US.
The moment immigration or other government benefits are being brought into the picture, you need a legal marriage. Unless the prior marriage is terminated first, any such legal marriage is off the table in the US.
 
If you have a legal marriage in Ghana (again..not just an unregistered one!), then that marriage is not recognized by the US and you're in the same position as if you (il)legally married in the US.

I understand wanting to understand all possible options so it's great you asked. The truth is, the bigamy makes your case very difficult. Even without it, US immigration is one of the toughest in the world, especially for people from certain countries. That's just how it is. Since your future spouse has no desire to emigrate to the US, your family and friends will have to come visit you in Ghana and/or you will be have to make trips back to the US alone if you want to see them here.

If he were to marry you here and then want to immigrate later he would have to answer the question on the immigration forms  about committing crimes even is he wasn't charged for any.  That is the catch 22 that could make him ineligible for immigration benefits ( unless the current social foolery continues where crimes don't count )  .  As long as there is a marriage in existence prior you can not use any "marriage"  during that time to bring him here.  However if you have a marriage that isn't good for immigration you have to end that and create one that is good.   He will not be able to coat tail om any benefit you have as a spouse until you have a legally recognized relationship in the eyes of the US>  

On top of this, the bigamy/polygamy will be a factor in any future attempts for permanent residency, even with divorce to turn the marriage monogamous. A ton of scrutiny should be expected.

Having an American significant other dramatically affects tourist visa decisions. You moving there doesn't really mean anything for the visa application because the visa is for the trip to the US only, not for helping you to move to Ghana. Consular officers know that "plans change spontaneously" a lot once foreigners are inside the US.

He would not only be coming here for the marriage. The original plan was to get married in Ghana, but decided to do it at my family's because it's more traditional. The application says we are going to visit sites here in Hawaii and visit family. He has family in the US already. 
 
I'm sure most wouldn't ask. Many find out their husbands have a wife at home, after the fact. it took me a minute to digest it, but after speaking with enough trusted people, I became more comfortable with it. 
 
Thank you.