Previous Marriage End Dates

machelon

Registered Users (C)
Two of my friends are applying for citizenship, and one of them was married before 1 time. His divorce papers show an execution date which is 6 months AFTER the date he got married to the current spouse. (Marriage was in June 1976, and divorce papers show execution date of January 1977).
They are afraid that this would look bad, as if they got married while the divorce was not yet executed from the previous marriage.
But actually the spouse of the previous marriage had separated and was not living with that person by the time he got married to the current spouse.
Would that be a big deal in the eys of USCIS? Should they just list the separation date. Aparently divorce papers in the 70's took for ever to get aproved.
 

Jackolantern

Registered Users (C)
Is the divorce paper wrong (typo error)? Or did the current marriage actually begin before the divorce from the first one was finalized and official?

But actually the spouse of the previous marriage had separated and was not living with that person by the time he got married to the current spouse.
So what? Separation is not equal to legal divorce! Under US law, it is illegal to marry again while the divorce process is pending.

Did he obtain the green card after his current marriage began? Did he immigrate based on marriage? If he obtained the green card after the current marriage, did USCIS know about both marriages (i.e. were they given copies of the latest marriage certificate and divorce paper of the earlier marriage during the green card process)?

How long has your friend had his green card?

Depending on the answers to the above questions, your friend could be denied naturalization. Maybe even deported.
 
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machelon

Registered Users (C)
He got the green card in the last 5 years thru one of his US citizen daughters. So nothing to do w/ the marrriages.
This whole thing happened almost 35 years ago in the 70's. The divorce process and the country where he is from was pretty much in the stone ages.
I think the divorce execution date is just when they sealed the papers.
Again, the question they have is should they get a lawyer before just filling out and sending the naturalization form?
 

Jackolantern

Registered Users (C)
He got the green card in the last 5 years thru one of his US citizen daughters.
Is that daughter the child of the wife he married in 1976? If yes, he would have been required to provide the new marriage certificate as evidence of paternity, and the divorce decree as evidence of the current marriage being valid. Did he provide both documents in his green card process? If he hid that prior marriage and divorce from the immigration authorities (or falsified the divorce date on the application), he could be deported, for immigration misrepresentation and/or bigamy.

The divorce process and the country where he is from was pretty much in the stone ages.
I think the divorce execution date is just when they sealed the papers.
Are you saying the divorce date on that paper is wrong? If it's wrong, he may be able to obtain a corrected version from the authorities in that country.

Again, the question they have is should they get a lawyer before just filling out and sending the naturalization form?
Definitely. He's risking deportation if he applies.
 
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