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Invalid Marriage and Applying for Naturalization from a Green Card

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  • 01-31-2012, 06:50 AM
    okornot
    Invalid Marriage and Applying for Naturalization from a Green Card
    Background...
    My wife and I have been married for nearly 6 years, we have 3 kids, I and the kids are US Citizens, she is not (she has a green card). We were married overseas. However I was previously married, in California with a "Confidential Marriage" in the mid-90s, to a foreign spouse from another country. We were divorced overseas, not the country where I married my current wife. We now reside in California and will be looking to convert her Green Card to a Citizenship. I have since found out that my previous marriage was not yet given its divorce certificate at the time we married which means that my marriage may not be considered legal, I have it now though. And we are likely looking to get re-married to ensure the marriage’s validity.

    I do not remember if, in her migration and green card application, there were any questions relating to me either having been married before or not. If there were I would have either said no or not answered the question. I do not know if these questions will come up in the naturalization process either. I do not wish to misrepresent anything.
    So I am wondering if I bring up the divorce will that throw a spanner in the works, in terms of her getting citizenship or her being able to stay here (although we may not currently be legally married). I would like to say I was previously married and divorced if I am asked, but want to ensure that we are legally married.

    BTW, my wife came here on a tourist visa then we decided to move here. She was brought in as my spouse, I sponsored her but I had to be sponsored by a family member, because I was unemployed until after we settled.

    Is my wife legal in this country, now?

    In this situation are there any negative ramifications for now saying I was divorced, if I had not mentioned the first marriage before? Will it help to re-marry here, in California? Where should we get married again? Should we re-marry or have some kind of civil ceremony? We do not want to mess up the naturalization process. Also what if we re-marry after the naturalization?

    Doesn't Immigration or the Dept of Homeland Security check previous marriages and the like out, when applying for a Green Card or Naturalization? Shouldn't this have already been noted somewhere or in my wife's file or perhaps in running a background check on me? Note though that my first wife and I never filed any tax returns or anything together in the USA, we were only married less than a year here.

    What should we do? Will we get into trouble?

    Any advice that you may have is greatly appreciated.

    Thanking you.
  • 01-31-2012, 07:10 AM
    Mr. Knowitall
    Re: Invalid Marriage and Applying for Naturalization from a Green Card
    As I indicated in your other thread, if you brought your wife into the U.S. on the basis that she's your spouse, or if you petitioned to adjust her status on that basis, and it turns out that your marriage is not valid, you should discuss the details of your case with an immigration lawyer.
  • 01-31-2012, 07:16 AM
    okornot
    Re: Invalid Marriage and Applying for Naturalization from a Green Card
    Thanks Again. i will be following your advice.
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