Married before divorce "absolute"
#1
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Married before divorce "absolute"
I am from the uk came over to US on VWP to see a girl I had communicated with for a year. We fell in love & decided to get married my I had previously been informed by my ex that the Divorce had been finalised. So I married my US girlfriend on preparing my papers for a change of status I found It hadnt been declared "decree absolute" so we decided I needed to return to the uk to sort things out properly to later return & remarry as we want to do things right. I will have to apply for a fiance visa.
What should my wife do will she have to divorce me or get an annulment how will this error be viewed when applying for the fiance visa? we want to re-marry soon. We did not intend to commit bigamy or fraud we just want to be married & live our live together as we love each other so much. What will be the quickest course of action for us?
What should my wife do will she have to divorce me or get an annulment how will this error be viewed when applying for the fiance visa? we want to re-marry soon. We did not intend to commit bigamy or fraud we just want to be married & live our live together as we love each other so much. What will be the quickest course of action for us?
#2
Re: Married before divorce "absolute"
She should have a consultation with an attorney who practices family law in the state where she lives.
Is that the same state where you and she got married?
Regards, JEff
Is that the same state where you and she got married?
Regards, JEff
I am from the uk came over to US on VWP to see a girl I had communicated with for a year. We fell in love & decided to get married my I had previously been informed by my ex that the Divorce had been finalised. So I married my US girlfriend on preparing my papers for a change of status I found It hadnt been declared "decree absolute" so we decided I needed to return to the uk to sort things out properly to later return & remarry as we want to do things right. I will have to apply for a fiance visa.
What should my wife do
What should my wife do
#3
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Re: Married before divorce "absolute"
We did not intend to commit bigamy or fraud we just want to be married & live our live together as we love each other so much. What will be the quickest course of action for us?
Ian
#4
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Re: Married before divorce "absolute"
I am from the uk came over to US on VWP to see a girl I had communicated with for a year. We fell in love & decided to get married my I had previously been informed by my ex that the Divorce had been finalised. So I married my US girlfriend on preparing my papers for a change of status I found It hadnt been declared "decree absolute" so we decided I needed to return to the uk to sort things out properly to later return & remarry as we want to do things right. I will have to apply for a fiance visa.
#5
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Re: Married before divorce "absolute"
Sorry I thought I had made it clear I am back in the UK with my wife in the US.
I am getting so worried about things I love her so much and we just want to be together.
I am getting so worried about things I love her so much and we just want to be together.
#7
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Re: Married before divorce "absolute"
so does that mean there is absolutely no hope at all?
#8
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Re: Married before divorce "absolute"
You can apply for a hardship waiver, if you qualify, or have your wife join you in the UK until the ban is over. Just out of curiosity, why did you go back to the UK after it was made very clear to you in the other thread that you were facing a ban?
#10
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Re: Married before divorce "absolute"
My father was very ill and as i mentioned previously my daughter was also begging me come back & see her, my wife also was panicing and wanted things done right I felt under a lot of pressure to do things that way. I in no way was ignoring any advice given and sorry if it appeared that way.
#11
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Re: Married before divorce "absolute"
If you consult an attorney, make sure they have plenty of experience with hardship waivers, i.e. they have successfully represented several clients in that area.
#12
Re: Married before divorce "absolute"
Fester, you sitting between a rock and a hard place and the only way for sure to get out of it is to consult with an immigration attorney and see what your options are. As for the issue of your "too early" marriage, again, you need the word from the horse's mouth on this.
Your wife can go to city hall and see what their take on it is. It is very strange that if you answered the question "yes" to previous marriages that you were not required to show your divorce decrees. I know my husband and I were when we applied for a marriage license at our city hall. If you lied about it, the license would be invalid and probably the marriage as well.
Most areas that have two stage divorce decrees there is a 30 day period of limbo between the nisi and the absolute. If this is the same in your country, check the dates on the absolute and the date of your license application and your marriage and on the absolute. Do they coincidence?
As for overstay, were you out of status more than 180 days from the expiration of your I-94? If not, then there is no ban. If so, there should be a ban on your re-entry.
Now, please, please, please, do not apologize for your actions. The comments given here are not given by attorneys and are not always correct and/or fully correct. You do not have to follow anyone's suggestions, even mine. If a poster comes across to you in that manner, then don't give their post another thought. Take whatever knowledge you gleamed here and get the sound advice of an immigration attorney. Your case is not cut and dried but filled with pitfalls. You cannot do this yourself.
Your wife can go to city hall and see what their take on it is. It is very strange that if you answered the question "yes" to previous marriages that you were not required to show your divorce decrees. I know my husband and I were when we applied for a marriage license at our city hall. If you lied about it, the license would be invalid and probably the marriage as well.
Most areas that have two stage divorce decrees there is a 30 day period of limbo between the nisi and the absolute. If this is the same in your country, check the dates on the absolute and the date of your license application and your marriage and on the absolute. Do they coincidence?
As for overstay, were you out of status more than 180 days from the expiration of your I-94? If not, then there is no ban. If so, there should be a ban on your re-entry.
Now, please, please, please, do not apologize for your actions. The comments given here are not given by attorneys and are not always correct and/or fully correct. You do not have to follow anyone's suggestions, even mine. If a poster comes across to you in that manner, then don't give their post another thought. Take whatever knowledge you gleamed here and get the sound advice of an immigration attorney. Your case is not cut and dried but filled with pitfalls. You cannot do this yourself.
#13
Re: Married before divorce "absolute"
Your wife can go to city hall and see what their take on it is. It is very strange that if you answered the question "yes" to previous marriages that you were not required to show your divorce decrees. I know my husband and I were when we applied for a marriage license at our city hall. If you lied about it, the license would be invalid and probably the marriage as well.
Rene
#14
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Re: Married before divorce "absolute"
Thanks for that it was in Arizona and I was racking my brain as I was sure I had said "yes" and not been asked to show proof but if i had I probably been able to avoid this mess.
This whole saga has been very depressing
This whole saga has been very depressing
#15
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Re: Married before divorce "absolute"
My father was very ill and as i mentioned previously my daughter was also begging me come back & see her, my wife also was panicing and wanted things done right I felt under a lot of pressure to do things that way. I in no way was ignoring any advice given and sorry if it appeared that way.
You can't get married if you aren't divorced. But like Rete said....when you applied for a marriage license, did you declare your prior marriage?
Immigration attorney is your only recourse now.....and one that's tried cases involving bans etc.