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DV 2015 interview wife and 2 kids passes I failed

A

AFT

New Member
I had my dv interview on July 1st 2015. My wife is the main applicant while me and my 2 kids are beneficieries . The counselor officer put us on AP because I was in US between 2001-2005 married to american cotizen . Filed for divorce in summer 2005, asked my lawyer then if I can get married right away outside the US which my lawyer confirmed it was OK and legal. I got married to my present wife after 1 month of my divorce to my previews American wife.however, the final divorce date was 6 month after my present marriage and all of this occurred in 2005.
So the counselor officer put us on AP stating that my present marriage isn't legal in the states (neither me or my present wife are American and the marriage back then occurred in dubai outside the United states!!!
Today I got a call from the embassy stating that my wife and two kids will get visas but I won't. Adding that no visa numbers are available but it should be available by 1st week of September ( for my family only and not me).
Pls help if there is anything I can do sooner or later to be with my family in the US.
 
So basically they consider that the marriage was bigamy at the time, so that marriage is not legal. You should take the visas you are being offered and remarry. Once married your wife will be able to sponsor you, although that will take time and she will need to provide an I 864 during the process. This will mean that she must have an income or have someone to complete an I 864 for you.
 
Yeah, like Simon said, you will have to remarry your wife and start using the new marriage date, at least for U.S. immigration purpose going forward.
 
By the way. This case one one type of confirmation that someone entering the DV as married, when in fact they are not, is NOT a disqualifying mistake as opposed to the other way around (saying you are single when you are actually married).
 
This is good news for me. I am hoping that my case will add more weight to this theory. BTW Simon, if you want, it would be a pleasure for me to write a blog post for you detailing what happened in my interview, once it is over.
 
Britsimon said:
So basically they consider that the marriage was bigamy at the time, so that marriage is not legal. You should take the visas you are being offered and remarry. Once married your wife will be able to sponsor you, although that will take time and she will need to provide an I 864 during the process. This will mean that she must have an income or have someone to complete an I 864 for you.
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Britsimon said:
So basically they consider that the marriage was bigamy at the time, so that marriage is not legal. You should take the visas you are being offered and remarry. Once married your wife will be able to sponsor you, although that will take time and she will need to provide an I 864 during the process. This will mean that she must have an income or have someone to complete an I 864 for you.
Click to expand...
Hi Simon
Thanks for your reply, how long would this take (wife sponsoring and the I864? Can my uncle file the I864 instead of wife.it won't be easy to work and make good amount of money while she have our kids with her.
One final question, if I send my wife and kids every six month or once a year in order to keep there green card active and maybe later apply for citizenship would it also work on longterm ?
 
AFT said:
Hi Simon
Thanks for your reply, how long would this take (wife sponsoring and the I864? Can my uncle file the I864 instead of wife.it won't be easy to work and make good amount of money while she have our kids with her.
One final question, if I send my wife and kids every six month or once a year in order to keep there green card active and maybe later apply for citizenship would it also work on longterm ?
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He can file as co-sponsor but your wife will have to be the main petitioner (your uncle is not qualifying family to petition) and she will have to be resident in the U.S. to petition.
And no, you can't visit once or twice a year and keep your green card perpetually, and you will never meet the residence requirements for citizenship doing it that way either.
 
Sm1smom said:
Yeah, like Simon said, you will have to remarry your wife and start using the new marriage date, at least for U.S. immigration purpose going forward.
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Thanks for your reply
I have a question pls.
The counselor considered my marriage to my present wife is illegal in the US. However, we were married in dubai and also documented in our country in lebanon. Wife and me are not US citizens and we didn't get married on US soil in addition to that I am Muslim and I can marry more than one (which I wasn't intending to do back then). In 2005 I filed for divorce at my lawyers office with my ex wife and left they US since then after a verbal confirmation from my lawyer that I can get married, I was young then and had no clue about the difference between filing for divorce and final divorce dates.
The counselor desicion now will apart my kids and wife from me or we will have to give the green card and stay together in the unstable middle east.
Do you think a lawyer can help me with this ?
I mean I didn't break any law while I was in the US and previous american wife asked for divorce. I respected that and left the country so I don't stay as an illegal immigrant. I actually respected the law and Gabe up America and now it's backfiring on me....
Kindly advise
 
No, I don't think a lawyer can't help with this. Although being Muslim allows you to marry more than one wife, note that for US immigration purposes you are allowed only one wife. I have seen instructions to embassies that Muslim men with more than one wife must divorce all but one before they can proceed with their cases. Bigamy is illegal in the U.S. and it is U.S law that governs US immigration.

Also please be clear that it is not the fact that you left the US that is "backfiring" on you, but the fact that you married again almost as soon as you left and before the U.S. paperwork was final. It's unfortunate that your lawyer then did not make you aware of the issues.
 
SusieQQQ said:
No, I don't think a lawyer can't help with this. Although being Muslim allows you to marry more than one wife, note that for US immigration purposes you are allowed only one wife. I have seen instructions to embassies that Muslim men with more than one wife must divorce all but one before they can proceed with their cases. Bigamy is illegal in the U.S. and it is U.S law that governs US immigration.

Also please be clear that it is not the fact that you left the US that is "backfiring" on you, but the fact that you married again almost as soon as you left and before the U.S. paperwork was final. It's unfortunate that your lawyer then did not make you aware of the issues.
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Hi Sussie
Thanks for your reply I didn't mean the US is back firing on me. I meant the situation that I wasn't aware off and the lawyer advise that I trusted.
I respect the US more than my country because when I lived in the US I was always treated better than my home land, this is why I am struggling to go back there and raise my family there as well.
 
AFT said:
Thanks for your reply
I have a question pls.
The counselor considered my marriage to my present wife is illegal in the US. However, we were married in dubai and also documented in our country in lebanon. Wife and me are not US citizens and we didn't get married on US soil in addition to that I am Muslim and I can marry more than one (which I wasn't intending to do back then). In 2005 I filed for divorce at my lawyers office with my ex wife and left they US since then after a verbal confirmation from my lawyer that I can get married, I was young then and had no clue about the difference between filing for divorce and final divorce dates.
The counselor desicion now will apart my kids and wife from me or we will have to give the green card and stay together in the unstable middle east.
Do you think a lawyer can help me with this ?
I mean I didn't break any law while I was in the US and previous american wife asked for divorce. I respected that and left the country so I don't stay as an illegal immigrant. I actually respected the law and Gabe up America and now it's backfiring on me....
Kindly advise
Click to expand...

I have no doubt both Lebanon and Dubai recognize your present marriage, or the fact that your Muslim faith allows you to marry more than one wife.

All of those however are irrelevant when it comes to US laws and U.S. immigration. As far as the U.S. is concerned you don't have a legal marriage with your present wife. If you want to live in the U.S. as your wife's derivative, you will have to dance to the tunes of what the U.S. immigration laws dictates. And that is present a new marriage certificate. Nothing a lawyer can do about it.
 
AFT said:
Hi Sussie
Thanks for your reply I didn't mean the US is back firing on me. I meant the situation that I wasn't aware off and the lawyer advise that I trusted.
I respect the US more than my country because when I lived in the US I was always treated better than my home land, this is why I am struggling to go back there and raise my family there as well.
Click to expand...

Yes, lawyers seem a continual problem, with apologies to the host of this site!!
 
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