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  • Divorce document

    I was separated from my ex wife since 1980. I couldn't find heruntil 1983 and finally got the divorce papers in 1984.Before my divorce was finally settled, I remarried to my present wife in 1982 in another country.
    Now INS is asking for my divorce documents for Naturalization interview, which will be very soon. Can INS consider as a bigamy case? Pls kindly advise me how can I solve this problem and what will happen to my Citizenship application?
    Thanks

  • #2
    I was separated from my ex wife since 1980. I couldn't find heruntil 1983 and finally got the divorce papers in 1984.Before my divorce was finally settled, I remarried to my present wife in 1982 in another country.
    Now INS is asking for my divorce documents for Naturalization interview, which will be very soon. Can INS consider as a bigamy case? Pls kindly advise me how can I solve this problem and what will happen to my Citizenship application?
    Thanks

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    • #3
      Did you tell them you were married bedore? How did you get your GC on the first place? Through marriage? Why is the INS asking you now?

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      • #4
        I married my ex in 1973 while both of us were international students, have a son US citizen by birth here. Came back 6 years ago as an immigrant.

        Thanks

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        • #5
          To answer your question completely, I really need to know more about your case. You have a GC, but through what? Your son could not have sponsored you, so there was some other way you've got it. Here it gets complicated and you might end up in exclusion proceedings, based actually on two counts – bigamy and false statements. Like I said, I need to know more.

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          • #6
            US citizen by birth can petition their parents when they reach 21 yrs. He is now 29 yrs and I got my GC thru his petition. Just tell me what else you want to know?

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            • #7
              Alright then. Since it is your son, who petitioned for you, your undissolved marriage has no materiality in your getting your GC. By concealment of the fact that you were married to two women at the time is not material in the sense that it was a marriage fraud. However, were the INS told about that, it would have triggered the investigation which would have discovered that you are in fact were bigamist.

              (I am not sure that separation equals divorce, in some countries it is automatic.) This is called "shutting off the relevant line of inquiry", and THAT makes it MATERIAL. What the INS is going to do with it is unknown, but, if discovered and they probably will, they DO look at EVERYTHING out of the ordinary now, they can charge you with "willful misrepresentation of material fact".

              The other thing the INS can do is, if you did not tell them about your two marriages at the same time, to charge you with "false testimony". However, the "false testimony" is only limited to "oral statements under oath", and not on the application. So, you had to be specifically asked about it. If you concealed it and no one asked you, it is not "false testimony", however, it is still material on bigamy count.

              I am sorry not to have good news for you, but this is the way I see it. You may wanna talk to experienced lawyer as to what to do with you N400. Good luck!

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              • #8
                I got myself a lawyer, very expensive, 200 bucks/hour rate. Estimate 3000....?
                Anyhow, your opinions are very educational and I thank you again.

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