Going to deportation court bc husband committed bigamy- help!

[mi_california]

I'm a Brazilian national that was married to an American. I also had a two-year green card. It turns out he was married before he and I got married, and they never got divorced (I was unaware of the prior marriage, he was aware and never told me), so a state of bigamy was established, and thus my marriage to him, in immigration's eyes, is null and void. My question: has anyone here ever come across this type of situation? I'm trying to find a case where this has happened, preferably in California, where the immigrant was granted a green card, in order to establish precedence.

 

[dede29]

Bigamy

Hi. I am in the same situation you are. Please respond if you found any solution to it already. It would be a great help. Thanks

 

[dafortycal]

I do believe that you can still file for your green card without your husband, because the marriage ended because of no fault of yours. You will need documentation to him prove your case. You need to show that you entered into the marriage in good faith. Most of the evidence you need should already be in your A-file.

If that doesn't work, you can look into filing for a U-visa and assist local law enforcement with sending him to jail.

 

[randallzzz]

Bigamy

They should just let him be married to 2 women at the same time.

 

[aosing]

I do believe that you can still file for your green card without your husband, because the marriage ended because of no fault of yours. You will need documentation to him prove your case. You need to show that you entered into the marriage in good faith. Most of the evidence you need should already be in your A-file.

What?! Have you actually seen this situation? The marriage did not end, it never was. Bigamous marriages are not voidable under the law, they are legally void ab initio. As such, even assuming that this person really and truly was in good faith and didn't know about the prior marriage, the green card would be voidable since it was based on a nonexistent marriage and outright fraud on the part of the petitioner, if not the applicant.

A U visa another matter altogether, good luck with that. See a lawyer, stat. If you rely on the above advice you are in for trouble.

edit: just noticed that this old thread was bumped by randallzzz so it's too late for the original posters, but I'll leave the above for anyone searching the thread

 

[ImmGuru35]

I find it very unlikely that CIS would approve your I-751 but its worth a try. You'd be better off trying to find a new husband while you are here and then have him file for you.