Legal Question in Immigration Law in New Jersey
marriage
my friend is married to a US citizen and has applied for a green card. They were married before and the first marriage was finalized two years ago. When they got married the second time the person did not mention the first marriage, so their status is single on the license. The immigration does ask if you had a previous marriage. They have the divorce papers and submitted them with the application and new marriage license. Would it affect the process of their papers. Again the first marriage has been finalized, so by law the second marriage is legal.
2 Answers from Attorneys
Re: marriage
From your question it is not clear what you mean by "their first marriage was finalized." By this do you mean that their first marriage, presumably ending in divorce, was finalized by a valid divorce decree, or do you mean that the first marriage was finalized in terms of obtaining a bona fide marriage certificate?
If the first marriage was terminated due to a valid divorce, with a valid divorce decree issuing, then there should not be too many problems in your new family based immigration case (absent fraud or initial visa problems).
To better understand your situation please give our office a telephone call at (212) 618-1830.
Re: marriage
What was done is fraud. If USCIS finds it the alien will not get his LPR. There are waivers for fraud when the USC spouse would suffer extreme hardship by having her alien spouse outside the US.
Tell your friend he/she needs an immigration attorney.
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