Issues with death certificate and remarry to previous wife.

O

okwu

New Member
I became a US citizen two years ago. I got my citizenship through marriage. My wife and I got separated after few years of the marriage but we were not divorced. Unfortunately she died in 2016 after we separated and I did not get to know about her death after about 8 months. Her daughter who signed her death certificate indicated her status as "never married" even though she signed our marriage certificate as a witness when we got married. We did not really get along when I was with her mom.

I am thinking of going back to my home country to remarry my first wife whom we both have four daughters together. I have since petitioned for my children and they now live with me in the US. I am concerned about how the immigration service will view the death certificate when I remarry and petition for my first wife. I have tried to reach out to the daughter of my late wife to figure out how to amend the death certificate, but she has been so uncooperative. What Can I do? Should I go ahead and remarry and petition for my first wife with the death certificate as it is or should I have course to worry about the "Never Married" indication. I have both the marriage and death certificate. I live in the state of California.

You candid opinion and suggestions will be highly appreciated.
 
You can petition your future wife. Expect scrutiny.

The larger issue I see is a CO's potential doubt about the bonafides of your marriage to the deceased USC ex-wife. IF I were a CO, I'd look long and hard if you used marriage to the USC to get a green card.

If you were no longer married when she died, the death certificate may not be deemed material. The CO would be the judge.
 
Hmmn! Smells fishy!! Man divorces first wife (from home country) marries a USC and subsequently separates from her. Now wants to go back and re-marry first wife and file for her. I sincerely hope USCIS catches on to this!
 
Seems like OP is actually already under USCIS’s radar from back in 2017 according to this post. That’s great! Expect a very tough scrutiny and the subsequent fallout when you petition your first wife.
 
I read the old post from 2017 along with this post. I'm the last person to judge. But dude you do realise USCIS it's actually regular people. Whatever it is that you're doing that you might think is original. They've seen it all before. From one person that's been on the wrong side of the law. That's exactly where you're heading and I hope you have the funds for lawyers. You will need it. Like I said not judging you but from your post you're sounding real shady. Good luck though....
 
Sm1smom said:
Seems like OP is actually already under USCIS’s radar from back in 2017 according to this post. That’s great! Expect a very tough scrutiny and the subsequent fallout when you petition your first wife.
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Fallout? Sounds like he'll be going to jail with this course of action.

I remember my first attempt to get n400 when I got denied because of an arrest and couldn't get the disposition. 10 years later applied again they pulled out that 10 year old file they had on me and went through it. USCIS seems to Have a very long memory!!!! Good luck to the OP
 
1AurCitizen said:
You can petition your future wife. Expect scrutiny.

The larger issue I see is a CO's potential doubt about the bonafides of your marriage to the deceased USC ex-wife. IF I were a CO, I'd look long and hard if you used marriage to the USC to get a green card.

If you were no longer married when she died, the death certificate may not be deemed material. The CO would be the judge.
Click to expand...

Thanks for your opinion. I appreciate.
 
Thanks to you all for your opinions. For those that took time to read in between the lines and gave their honest opinion, I thank you. Also I thank those that jumped on to only use derogatory words and stop shut of calling me a common criminal and treats of jail term, thanks for your time. Its your personal opinion and I appreciate you. I shall be contacting an immigration lawyer for possible legal advise. I am not a shady individual as some one may want to portray me. Its just unfortunate that things went the way it did (her death) and now i have to deal with a step daughter that is bent on being the sole beneficiary of her mom's benefit by excluding my name from her death certificate. I quite understand that the idea of going back to my first wife is a red flag but I welcome any further scrutiny. Thanks again.
 
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