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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28209
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I have a question regarding sponsoring my spouse to live

Customer Question

Hi
I have a question regarding sponsoring my spouse to live with me in the US. I am a US citizen and my spouse and I have been married for 7 years. He divorced his first wife about 8 years ago and they have two children. Am I obligated to list his children on the I-130 form? Also, hiswife is making it very difficult to get their divorce papers from Spain. Technically, they are not longer married. My husband is a Spanish national since 2014 and he was able to get his citizenship under " separated status". They do not have a marriage license in Spain. I am confuse about next steps. Do I have to disclose that my husband was married to her on the I-130 form?
Submitted: 8 months ago.
Category: Immigration Law
Expert:  Judith replied 8 months ago.
Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.Both marriage and divorce records are available. You husband will either have to travel to Spain to get them or hire a lawyer in Spain to get them for himMarriage CertificatesAvailable. "Certificado de Matrimonio" may be obtained from the Juzgado Municipal of the district of residence. In the Madrid area contact the Registro Civil Unico, Calle Pradrillo 66, Madrid 28002.Same-sex marriage has been legally recognized in Spain since July 3, 2005.Divorce CertificatesAvailable. "Certificado de Divorcio" may be obtained from the Juzgado Municipal of the district of residence. In the Madrid area contact the Registro Civil Unico, Calle Pradillo 66, Madrid 28002.You may be able to find a lawyer in Spain at this linkhttp://www.aila.org/membership/communities/sections/global-migration/gms-international-lawyers-list?utm_source=Recent%20Postings%20Alert&utm_medium=Email&utm_campaign=RP%20DailyYou must disclose his previous marriage and divorce.You do not have to list his children because they are not your biological children.If you want to proceed you must get the marriage and divorce records.No way around it.Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ starsIn the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.Judith
Customer: replied 8 months ago.
Thank you Judy. I do not have to disclose his children even if there is a section on it on the I-130 form. Also, I applied for my citizenship about a year ago and I put on my N-400 that I was married. Yet, I did not disclosed that my husband was previously married. Is there any risk for me?Thanks
Expert:  Judith replied 8 months ago.
Misunderstanding, he has to disclose his children. I thought you were asking if you had to disclose because you were being sponsored. Apologies.The N-400 does ask for information about your spouse's prior marriages. That is a problem. That is misrepresentation on a form you sworn to being truthful on.You are at risk of having your naturalization revoked for fraud. It is strongly advisable for you to consult with a lawyer before you do anything further with immigration.Everything can be at risk for you, including your resident status if they find you lied on the N-400.Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ starsIn the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.Judith
Customer: replied 8 months ago.
I did not have no intention to lie on my naturalization form. I did not know about mu husband marriage status in Spain nor I knew about his children.
Anyway thank you for the answer.
Expert:  Judith replied 8 months ago.
Are you saying that when you naturalized you were not married to your husband at the time?Or that he never told you he had a previous marriage and children through that marriage?When he filled out the marriage license application did he put down single, never married?Judith
Customer: replied 8 months ago.
I was religiously married to him back in 2009. I entered his information in my citizenship application because I thought it was the right thing to do. He does not have a marriage certificate in Spain
Expert:  Judith replied 8 months ago.
Marriage CertificatesAvailable. "Certificado de Matrimonio" may be obtained from the Juzgado Municipal of the district of residence. In the Madrid area contact the Registro Civil Unico, Calle Pradrillo 66, Madrid 28002.https://travel.state.gov/content/visas/en/fees/reciprocity-by-country/SP.htmlHe is telling you he has no marriage certificate from Spain but USCIS is not going to go by his word. According to Depart of State upon which USCIS relies it says it is available.It was the right thing to do on your N-400 to mention his prior marriage.However you will have to also put it on the I-130 you are filing for him and he has to get his marriage and divorce certificates. I have been doing this for 35 years and I know USCIS is going to require this or at the very least a statement from the Consul General of the Spanish Embassy that such documents do not exist.I am trying to help you so you don't get an RFE = request for evidence and then not have enough time to bet the documents before USCIS denies the case.You need to be prepared when you file and have all the documents USCIS is going to require or you will end up being denied.Your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ starsIn the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.Judith
Customer: replied 8 months ago.
Hi JUDY,I will have him work on getting his divorce certificate.
Expert:  Judith replied 7 months ago.
AWESOME!!!!!! That will save much heartache with the process, I promise you.May I have your positive rating? You can still come back to this thread unless you have a membership and in that caseyou may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.Judith
Customer: replied 7 months ago.
Thanks Judith, I am happy with your answer. Yet, I still do not know ho to approach the fact I did not disclose his previous marriage and his children on my N-400. How do I explain it when I file for him?
Expert:  Judith replied 7 months ago.
Let's see if it comes up and then all you can do is be truthful that you did not believe it had been a legal marriage.Judith
Customer: replied 7 months ago.
Ok. Yet, I still need to disclose it on the I130 ( disclose his ex and children info) and join his divorce certificate right?
Expert:  Judith replied 7 months ago.
Yes, absolutely must disclose on I-130 and provide divorce certificate.Judith
Expert:  Judith replied 7 months ago.
May I answer anything additional for you to earn your satisfaction. I strive to give good customer service and comprehensive answers.I feel I have failed you. Please tell me what additional information would be helpful.Judith

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