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Results 1 to 8 of 8

Thread: ? about a previous marriage to a foreigner

  1. #1
    my husband married his friend from Brezil about a month before we met (4 years ago) and they filed for her papers (in the sole purpose of her getting legal residentship in the country)
    She realized she was still married to another guy afterward and told my husband she'll take care of getting their marriage annult. She then left the country and went back home.
    about 2 years ago, my husband and I got married in Vegas while I was 5 mo pregnant.
    a bit later on we found out they were still married and that she never took care of it so he had to file for a divorce and now we have to get remarried in order to do my papers.
    My question is, will it affect my petition the fact that he applied a few years ago with someone else? Isn't it gonna look "bad"
    because of course when she left she never told the INS so my husband recieved a letter about 2 years later for the interview and then a letter stating the petition was cancel for no show to the interview.
    I'm just concern this whole thing will jeopardize things for me.
    We are really together as a couple, have lived together for 3 1/2 years, have a 2 year old daughter together...
    Thank you

  2. #2
    my husband married his friend from Brezil about a month before we met (4 years ago) and they filed for her papers (in the sole purpose of her getting legal residentship in the country)
    She realized she was still married to another guy afterward and told my husband she'll take care of getting their marriage annult. She then left the country and went back home.
    about 2 years ago, my husband and I got married in Vegas while I was 5 mo pregnant.
    a bit later on we found out they were still married and that she never took care of it so he had to file for a divorce and now we have to get remarried in order to do my papers.
    My question is, will it affect my petition the fact that he applied a few years ago with someone else? Isn't it gonna look "bad"
    because of course when she left she never told the INS so my husband recieved a letter about 2 years later for the interview and then a letter stating the petition was cancel for no show to the interview.
    I'm just concern this whole thing will jeopardize things for me.
    We are really together as a couple, have lived together for 3 1/2 years, have a 2 year old daughter together...
    Thank you

  3. #3
    This sounds like a very complicated situation. How can you just all of a sudden "realize" you are married to someone? If the INS finds out your whole situation, then there will be difficulty. Obviously, I hope you are working with a immigration attorney, they can better help you. It does sound a bit odd to me that he would break the law once, why should we believe him the second time? Its a valid question, and the burden of proof is on you. Hope things work out for the best.

  4. #4
    Aridza,
    Your husband will need to do 3 things:
    1) Your husband will need to write down exactly what you described briefly, signed as an affadavit, and have it ready for USCIS purposes. The affadivit would also need to include why they got married, why she went home, how did they find out she was still married, and any other significant information such as addresses, alien registration number, etc.
    2) Your husband will need to consult a family law attorney to have the marriage annuled before the judge with said affadivit.
    3) Your husband will also need to contact Brazilian embassy/consulate in the US to file paperwork for an annulment in Brazil. If his former significant other was still married the time they got married, you would have committed marriage fraud in Brazil, which I believe from my friend is a felony. This could prevent you from coming over on a marriage visa or getting approved.

    Any communications from your husband and his former significant other will be most helpful, especially promises by her, paperwork filed, etc.

    Hope this helps.
    "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

  5. #5
    well he found out they were still married when he went to the hall of record to get a divorce certificate to file for our daughter French citizenship.
    He has no contact with that girl as she left the country for vacation and never came back, we think she was refused at the border because she didn't have the proper travel documents.
    Before that she was married to another USC.
    Last year when we found out, my husband filed for divorce and it was granted by a judge.
    We don't have an immigration attorney and are trying to file for me alone can't afford the $2000+ for one).
    I was told that having a child with someone is an automatic proof of entering a marriage in good faith, is it a wrong info I got?

  6. #6
    Aridza,
    Having a child can show proof of a valid relationship. However, USCIS will look more closely with your husband's past. The time your husband found out to the time of filing for divorce will show no criminal intent was warranted. It is very important for your husband to sign an affadivit giving the facts and circumstances of his previuos relationship. You need to consult an immigration attorney, not necessarily retain one if there are more complications from the signed affadivit. Furthermore, you may get some free help for immigration consultation who can process the affadivit, offer advice, and maybe an attorney to help you with the interview. The National Organization of Bar Counsel can provide lawyers who would work pro bono, i.e. free or very little.
    "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

  7. #7
    I hope you didnt have a child for the sole purpose of immigration proof.

  8. #8
    no we didn't have a child for immigration purposes.
    We've been together for 4 years and our daughter is 2, we culd have just gotten married and file that way.
    Our daughter was not an excuse or a oopsy, she was planned as tons of couples do.
    as soon as I get my new passport and we get remarried I will make an apt with the catholic immigration services, I believe they can help us for free or do a conultation with an attorney (don't they do everything they can to make us hire them and don't provide much help unless we pay?)
    Thank you

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