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An important question about marriage termination

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  • An important question about marriage termination

    Hello all , this is my 1st post , I hope I will have the answer and the guidance for my inquiry
    and here is my story ,
    I cam here about 2.5 years ago on H1B Visa , when I came here I was married in my original country and I have stated that in my Visa application form. I came here alone and my wife remain in my home country , after a while my wife has requested the Divorce , and she got it
    . So we went divorced , that was about 2 years ago , Now I found a girl that I am in love with , she is USC , and we planning to get married , Untill now there is no problem , the problem is that my previous marriage was based on traditional and religious ceremony only and not registered in the court house or in my official records ,the community I came from is allowing for such type of marriage and it is considered realistics even if it has not been yet registered in the court house , when my ex wife got the divorce she got it on the same way , a religious and traditional divorce and witnessed by family members ,it was unable to get court order because our marriage was not registered in the court.so I have now a religious document that state that my previous mariage was terminated .
    is that document is acceptable enough to prove that the marriage was terminated or they only require document issued from cerified courthouse and only after authentication with my consulate in the US. offcourse I could not do so because my previous marriage was not stated in my official records and hence so I cant get divorce in official or govermnetal means of the words
    What is your advice
    Note that during my Visa interview nobody ask me about the type of my marraige whether it is made in court house or outside it ( religious marriage)

    Thanx

  • #2
    Hello all , this is my 1st post , I hope I will have the answer and the guidance for my inquiry
    and here is my story ,
    I cam here about 2.5 years ago on H1B Visa , when I came here I was married in my original country and I have stated that in my Visa application form. I came here alone and my wife remain in my home country , after a while my wife has requested the Divorce , and she got it
    . So we went divorced , that was about 2 years ago , Now I found a girl that I am in love with , she is USC , and we planning to get married , Untill now there is no problem , the problem is that my previous marriage was based on traditional and religious ceremony only and not registered in the court house or in my official records ,the community I came from is allowing for such type of marriage and it is considered realistics even if it has not been yet registered in the court house , when my ex wife got the divorce she got it on the same way , a religious and traditional divorce and witnessed by family members ,it was unable to get court order because our marriage was not registered in the court.so I have now a religious document that state that my previous mariage was terminated .
    is that document is acceptable enough to prove that the marriage was terminated or they only require document issued from cerified courthouse and only after authentication with my consulate in the US. offcourse I could not do so because my previous marriage was not stated in my official records and hence so I cant get divorce in official or govermnetal means of the words
    What is your advice
    Note that during my Visa interview nobody ask me about the type of my marraige whether it is made in court house or outside it ( religious marriage)

    Thanx

    Comment


    • #3
      To my knowledge, any divorce in any country has to be an official form.
      Remember you had to proof you are married,now you have to proof you are divorced.
      That religoes, traditional story won't be recignize by any one in the US or Europe.
      In other words..you must be from an arabic country or so.

      Otherwise you would have mentioned where you are from originally aka in what country you got married.Never heard of a story like yours before.

      Comment


      • #4
        Seems like you were not officially married if you marriage wasn't legally registered....

        Comment


        • #5
          Hello ... thanx all for reply , I will try to explain further deatils about the situation ...
          well first of all I am from morroco , there and in almost all Muslim communities the basic requirement for the marriage is the religious ceremony thats is witnessed by people( like the church ceremony) , you cant register your marriage in the court unless there is religious ceremoney that occured b4 to the couple , the court registeration make the marriage official and legal I admit, any how , not registering never cancel the fact that the marriage was existing , the matter of marriage in my community is spiritiual and religious rather than lagal , offcourse there is certain criteria and requirement to meet to accomplish this religious ceremony for marriage and divorce, any way I dont wante to turn the subject into religious debate ,,, Iknow in the eyes of the law I am not married ,,,I know it is a common law and I know it is not extending to USA but in my home country I was married and now divorced , this fact I cant deny.

          I am now just wondering what is my situation in USA , Married and divorce ? married and still not divorce ?? or Never married ??? under what category I am now???!!!

          I guess "I am never married" under US law ,does that will make problems when I will marry my GF and if I apply to AOS in future...

          but what about my application form , offcourse when I applied for the VISA I stated in my Application form that I am married ( according to my understandings and belief) and the consulate didnt ask me to show any marriage document , so then I could describe him the situation , he focused on other things which was not related to marriage

          How I will deal with the situation now ?

          the major problem is the difference between cultural and legal standpoints between our communities which has pushed me to this situation

          Comment


          • #6
            Here is the thing,you gave to the U.S. Immigration - Government, You are married right? when you came here and all,on your paper forms.The problem is now,if you now say "well the marriage was not a "real" marriage" you'll are going to have some problems,such as "whats the truth? and why didn't you mention it the first time etc etc...

            And I have to mention one thing,that Muslim thing is NOT true.It has to do in what country or area you are from.Don't base it on being a muslim or muslim marriage.Because ofr an example.Turkey is muslim country too,and there the marriage is official as it is in the US and the Rest of the european nations...Bosnia,also a moslim district now country,also marriage is official and normal as it is in any european country and US system
            So its more the Marroco thing I guess...

            I assume all you have to do is explain everyhting to someone in writting and hear and wait for their answer advice.

            Comment


            • #7


              HBKHBK,
              did you file your I-751 form yet?

              Comment


              • #8
                soon Jabroni, ;-)having a consultation first.

                Comment

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