Lyrati

2 hours ago, pushbrk said:

I'll just add that the USA, may be the only country in the world that has no National registry of marriages.  Since other countries do, it's understandable that people get confused, even Americans.  However, since the US Citizen would have needed to go to a US Consulate to get a notarized affidavit of they are free to marry, THAT would have been a big CLUE.

2 hours ago, pushbrk said:

I'll just add that the USA, may be the only country in the world that has no National registry of marriages.  Since other countries do, it's understandable that people get confused, even Americans.  However, since the US Citizen would have needed to go to a US Consulate to get a notarized affidavit of they are free to marry, THAT would have been a big CLUE.

it’s answered our confusion. In my country, we have to register our abroad marriage to be recognized here. Although bigamy is illegal here without other spouse consent. I think the registration is needed anywhere else to avoid people from easily practicing bigamy specially in US. Yes, we need the notarized affidavit from embassy before we got married here. How we suppose to know if it was a big clue? I thought it was the law here that require the single and free to marry status before getting married here, as its applied to local marriage as well, just not from embassy. 

2 hours ago, pushbrk said:

No, they won't find it in a "system" that doesn't exist.  My best "guess" is to try to void the marriage in Texas before the RFE deadline.  If you can they provide both an explanation and documentation the marriage is void.  If you can't, then provide the explanation only, and see what happens.  (It won't "hurt" as the damage, if any, has already been done.)

My "guess" is not legal advice.  It's just an opinion, based on the information available and comments from other senior/knowledgeable members.

 

Thank you for your opinion! Really appreciate it! i’m thankful for this community and for everyone’s here who’s willing to share their knowledges, input and opinions  which will we take for consideration and gives us the strength we need to deal with our tough situation. 

33 minutes ago, pushbrk said:

I find this a tough one.  I don't know how USCIS will respond to an explanation OR to a voiding or annulment.  If you had never mentioned the Houston Marriage, there would be no problem.  Now that they know about it, what will they do if you just explain your mistake?  I think you actually WERE qualified at the time of filing.  You were legally and lawfully married in Indonesia.  If the second marriage is deemed reason for denial, then annulment or voiding of it, AFTER filing should have the same result.

 

if we never mentioned the houston marriage, won’t they find it in the system there? Cos there is a marriage record for marriage there, isn’t it? It’s been telling that we always have  to be truthful with immigration. If you are in our shoes, what do you think it’s the best to deal with the RFE? 

4 hours ago, EM_Vandaveer said:

There is no such thing as "registering an already existing marriage in the US". On the other hand married IS married. Therefore if you ever have to prove you're married and you got married in a foreign country then you show your foreign marriage certificate (with an English translation).

It's sad that so many don't understand this concept although it's logical. For example, bigamy is illegal in the US. If a marriage that took place abroad "wouldn't count" in the US then a person could just get married to a second person in the US even though they were already married in another country to another person. Since that's obviously not allowed, it stands to reason that that is because the first marriage that took place in another country is nevertheless recognized as a legal marriage in the US...

I actually just knew this, thanks! In my point of view as a foreign spouse who live abroad, if there is no such thing as registerimg marriage in the US, then the US system will show the US spouse status as always as single, rigjt? Unless it is asked, and it’s never been asked if foreign spouse is not living in the US. 

36 minutes ago, BLC said:

since the marriage was illegal and is not recognized under Texas law, you can also file a suit to void the marriage. I don’t believe there is a time limit on this. You can check the statue here: https://statutes.capitol.texas.gov/Docs/FA/htm/FA.6.htm

 

Some marriages are not valid under Texas law under any circumstances. Texas calls these marriages “void.” Void marriages include: 

• Marriages between certain relatives; and 

• Marriages in which a spouse is already married. 

An annulment is an optional way to end a voidable marriage. A suit to declare a marriage void applies to marriages that cannot be valid under Texas law. 

Thank you for your info! it’s very helpful link!

1 hour ago, jackiegringa said:

It's unfortunate that you made the mistake of marrying again instead of registering the marriage in the US but with most (if not all) mistakes in immigration there's no 'forgiveness' - it's either right or wrong and no explanation will fix it, adding years to the process. It happens in many different ways you can read it in the forums but if you follow the advice here you will get your IR1. Good luck!

Thank you for your encouraging words! Lesson learned. We thought we have to register our marriage in U.S embassy here, but they don’t  take any marriage abroad registration. As we don’t know if we could register it in the U.S, that’s why we get married there again when i had a chance to flew there with B1 visa. . 

34 minutes ago, SalishSea said:

No.  You were ineligible for the initial filing, as you had two separate marriage dates.  You can abandon the current process, get the annulment, and refile.  The new filing will be with the initial, original marriage date and document.  

 

It may not end up being to your preferred timeline for the kids' college or whatever, but it was your error to get married twice for whatever reason, and that has messed up your eligibility for a visa.  It has added time to the process.

Thank you! Seems we did unforgiveable mistake and we have no option than to fix it and filling again! Just wish we could realize it earlier, long before we start filling 

1 minute ago, Family said:

You are free to do as you wish. ..not sure why you are stuck on wanting to explain it.

 

There is no “ innocent mistake “ I did not know better..defense . It’s an admission of ineligibility..while in the same state…and other challenges not worth worrying about…

 

I was just considering the better options, sorry If you think that i'm stuck with it, but i'm not.

Obviously we don't want to do any further mistake, I just need to feel sure about it.

Sorry if I'm questioning you again, but do you think denial from ineligibility will hurt our new filling rather than denial from abandonment?

9 minutes ago, Family said:

It’s a denial either way. New filing just requires you to show annulment. 

But my understanding from what you said, if we offer the explanation in our RFE respond, it will be complicated matters and ground for denial.

What complications do you think will it create from this denial rather than denial from abandonment? 

5 minutes ago, Family said:

You wait to the last possible moment and send it as a Response to RFE , to the address you are instructed 

Well noted, thank you so much!

11 minutes ago, Family said:

You can try a Hail Mary “ Request for Extension/ Additional Time to respond tonRFE” . Simply say you need additional time to obtain documentation  due to circumstances beyond your control “ no other details….just plead for an additional 90 days.

I wonder how can we request it? Where could we send the request letter? Isn't to our processing center or to USCIS office that is mentioned on the RFE letter. 

5 minutes ago, Family said:

Unless you have the annulment in your hand, DO NOT respond to RFE and DO NOT offer any explanations. It will not help and further complicate matters and grounds for denial. Just let them close it out for abandonment and offer your explanation w new filing

 

Sorry for my poor understanding, but would you enlightened me with the consequences of denial versus abandonment?

So If we have to refile again, do we need to make the letter of explanation for previous abandonment?

12 minutes ago, Family said:

I understand. Consult at least 4 attorneys and pick one who has hands on with the process …you will get it done but don’t stress for RFE deadline..,USCIS likely to deny anyway and pushback w “ not eligible at the time of filing “..

So talk through alternative plans ( maybe husband goes first  ) in case you need to refile. 

 

Thank you! Husband is currently in the U.S now and working there. But he'll come home to Indonesia when he can get off work, and staying for few months before going back there, so he still needs the living permit here. We plan that I could join him and also put our kids to go to college there.

So I wonder, if they deny it, we have to re-file and start all over again with the new timeline?  We have been waiting for a year to get this RFE, didn't realize our mistake at first place before applying.

2 minutes ago, Family said:

Look at both options . No matter which marriage you annulled, it’s as if it never happened , so the sequence ( 1sr or 2nd ) is not a problem. ..

 

 

Thank you! We can't annul the marriage in Indonesia, because it's our current home and my husband needs it for the living permit here.

The only option is to annul the second one which we hope will work through.

10 minutes ago, Ontarkie said:

Should be no issues even after this long. The second marriage was not legal. Proof of that would be your first marriage certificate. Time frame I have no idea, call a few different lawyers and ask them their thoughts. Get the ball rolling. If it does take too long, and just before time runs out. Send in both marriage certificates showing it's the two of you on both and then write a letter explaining that you did not realize the first marriage was recognized in the US. That is why you two got married again. Then pray they accept that reasoning. If not your annulment will still be processing and you can refile if they deny it. 

Thank you so much! We'll try to work on the annulment and will write a letter of explanation if time frame of RFE doesn't work with it. Really appreciate your advices!

I was feeling hopeless but still praying for the best. 

3 minutes ago, Ontarkie said:

Annul the second marriage the one in Texas in 2009.  It was not a legal marriage as you were already married in Indonesia. 

Thank you for your respond! We understand now, very hard lesson! But do you know by any chance, we could annul the second marriage after this long? If it could, will we make it time frame of the RFE? Any reference for affordable lawyer?

Thank

10 minutes ago, Family said:

You need to file for annulment of one of your marriages.
Pick whichever country  is easier for you to accomplish…and be prepared to get an attorney to help you tackle annulment.

 

An annulment of either marriage within time frame of RFE will save this petition, otherwise it will be denied and you can file another.

Thank you for your quick respoond! Can we apply annulment for the marriage in the U.S? but since the marriage was in 2009, will it be allowed to do it?

Hello VJ family,

So we just got RFE from USCIS which mentioning : :

1. Submit proof of the legal termination of the marriage (s) ....(my husband - petitioner USC)

2. In addition, if ....(my husband)  and...(me) have any other prior marriages, submit a legible photocopy of the legal termination of each prior marriage.

Our love story as follow :

1. Marriage legally in Indonesia in 2008 (got marriage certificate from Indonesia)

2. Marriage legally in city hall Houston, TX in 2009 (marriage licence)

During those years, we din't have any plan to live in the U.S, so we thought we need to legalize our marriage in the U.S by having marriage there again in 2009.

We were not realize this could be wrong and didn't  think that we broke any rule by doing so. As now, we're planning to live in the U.S  so our kids can go to college there, and applied IR1, we submitted both certificates.

And now we got RFE as above and we only have 1 chance to submit the evidence. What should we do? We don't have and we can't have any divorce degree between those marriages.

I'm starting to get soo worry they will deny it. Any respond will be highly appreciated.