Mimosa

I married a USC a couple of weeks ago. I have requested a copy of the
marriage certificate and am getting the rest of the requirements ready.

I came to the US legally but have overstayed. In my tourist visa
application, I have stated, in good faith, that I was married. I found
about 3 years ago that the marriage never took place. I have letters
from local and national government agencies verifying that the marriage
that supposedly took effect in 1994 was never recorded. I have a child
from that marriage but we parted ways 3 months into the "marriage",
even before i gave birth to our child. My country do not allow divorce
so i never tried to file for one.

My husband wants to file a petition for myself and my 12-year old
daughter. I also want to get a work permit to get a SSN.

Is this something we can do on our own or is it advisable, in our
situation, to get a lawyer to help us? What really is the advantage of
getting a lawyer?

Noorah101

I'm a little confused. Are you, or are you not, still married to the father of your child? Here's how it sounds:

1. You got married and have a daughter from that marriage, but you and your spouse parted ways shortly after you married (sounds like that happened about 12 years ago).

2. You found out 3 years ago that the marriage never took place. This in itself seems to be an unusual statement....you were there....did it take place or not? But, it seems that you discovered that the marriage is not recorded anywhere. Do you have a marriage certificate from that marriage?

3. You applied for a visitor visa to the USA and stated that you are married (so you must have thought you were married at the time).

4. You never pursued a divorce. Your country doesn't allow a divorce...so if you did indeed marry this first man, it would seem you are still married to him.

5. You came to the USA and are now married to a USC.

On the surface, to a layman's eyes, it looks like you were married when you came to the USA, did not divorce your first husband, and have now married again, to a USC.

I would highly recommend a consultation with a very good immigration attorney.

Best Wishes,
Rene

Noorah101

The advantage of getting an immigration lawyer is that he knows immigration law.

Rene

Folinskyinla

Hi:

An excellent question. Unfortunately, I don't feel welcome in answering in it.

Good luck.

Frank

If I would in your shoes I would definitely consider I needed a lawyer,
becauase

1. You entered on a tourist visa and overstayed and are now adjusting
status. Thats already raises questions. A lawyer can help make sure those
questions are address properly.

2. You are unsure how to deal with the situation that your marriage was not
recorded. Whether or not local officials make a clerical error likely
doesn't change the fact that you became married.

3. There an issue of bigamy. This is taken very seriously in the US.

I'd say that you are going to end up needing a lawyer anyhow. So you may as
well get one early to save time, effort and stress and so that he/she can
put thier case in the best light from the outset.

It doesn't make a lot of sense to my why you married a USC while still
married in your home country. In you were residing in the US (legally or
not) you might have been able to get a divorce here first (I'm guessing
this....).

-F


--


"mimosa" <[email protected]> wrote in message
news:[email protected] oups.com...
    >I married a USC a couple of weeks ago. I have requested a copy of the
    > marriage certificate and am getting the rest of the requirements ready.
    > I came to the US legally but have overstayed. In my tourist visa
    > application, I have stated, in good faith, that I was married. I found
    > about 3 years ago that the marriage never took place. I have letters
    > from local and national government agencies verifying that the marriage
    > that supposedly took effect in 1994 was never recorded. I have a child
    > from that marriage but we parted ways 3 months into the "marriage",
    > even before i gave birth to our child. My country do not allow divorce
    > so i never tried to file for one.
    > My husband wants to file a petition for myself and my 12-year old
    > daughter. I also want to get a work permit to get a SSN.
    > Is this something we can do on our own or is it advisable, in our
    > situation, to get a lawyer to help us? What really is the advantage of
    > getting a lawyer?
    >

jeffreyhy

Mimosa,

Don't know if you need a lawyer to work with you or not. But you would definitely benefit from consulting with an immigration lawyer to review the facts of your case in detail. Then you'll be in a better position to make your own decision on the matter.

Regards, JEff

Mimosa

The marriage took place but it apparently was never filed. The devious
father of my child connived with the minister to not file the marriage.
I was given , as it turned out, a fictitious marriage certificate
with inconsistent information as to the date of birth and full name of
this guy. I would not be surprised if he did this because he was not
eligible to marry-- he may be protecting himself from bigamy. For the
sake of my child, I never intended to pursue this issue. He was never
involved in raising our child, financially or otherwise. He would send
some gifts or money on birhtdays and Christmas but that's as far as it
went.

jeninifer

Now you're just being obtuse!

Folinskyinla

Hi:

No, I'm not. However, I will point out that there are many questions in my mind based upon my experience, and no one has yet to perceive those issues.

jeninifer

So, you're going to let this person suffer?

In my heart of hearts, I do believe you are a better person than this.

CarlM

..someone here is definately conniving!

jeffreyhy

jenn,

I think his message is quite clear - the answer to her question is 'yes', she needs to see a lawyer.

Regards, JEff

jeninifer

Hi Jeff, I agree you! I think that's pretty much what everyone who read that post thinks. If the OP couldn't establish on his/her own that an attorney is needed how are they going to see through smoke and mirrors?

Mr. Folinsky knows exactly what he's doing.

I just look forward to Matt's ban ending, this blowing over and people getting the help they need and deserve.

DCMark

Are you so blind, that you cannot see?
Are you so deaf, that you cannot hear?

I said free, free, free, free the troll.

free karama for whomever knows what I am referring to lyric-wise.

Noorah101

Does a google answer count?

http://www.google.com/search?hl=en&l...nnot+see%3F%22

Rene