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I JUST FOUND OUT THAT HUSBAND IS MARRIED TO FIRST WIFE AND…

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I JUST FOUND OUT THAT...
I JUST FOUND OUT THAT HUSBAND IS MARRIED TO FIRST WIFE AND I WAS GONNA DO HIS IMMIGRATION PAPERS AND HE IS STILL MARRIED TO HIS FIRST WIFE. I CANNOT FILE FOR HIM BECAUSE OF THIS PURPOSE. I ALREADY CHANGED MY NAME ON MY W2 AND WITH MY JOB AND SOCIAL AND ALL MY DOCUMENTS. IS THERE ANY WAY TO GET AROUND FILING FOR HIM OR WILL I HAVE TO DIVORCE HIM AND LET HIM GO ON WITH HIS LIFE?
Submitted: 6 years ago.Category: Family Law
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2/17/2012
Family Lawyer: Ely, Counselor at Law replied 6 years ago
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 103,583
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow ups and my replies because I am typing out my answer, or taking a quick break.

I am sorry for your situation. USCIS is not going to approve any marriage-based petition if they find out that he is still married, since by operation of Connecticut law (or the law of any state), the second marriage entered into if one of the parties is already married is void. Therefore, if he does not divorce, your petition may fail. Even if USCIS somehow misses this, it may always be voided later if/when they do.

While the legal system tries to be inclusive of every possibility, sometimes people are morally wronged but have limited avenues to seek relief. Please understand that this is not the expert’s fault. I am sure that you prefer that I tell you the truth rather than tell you what you want to hear. Please do not “shoot the messenger.” This medium of communication may not always effectively express emotion but do know that I understand that this may not be easy to hear and I empathize.

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Customer reply replied 6 years ago
he is going through a divorce now with the other woman. Are you telling me even if he does get a divorce from her and i even file for him immigration will still deny him?
Family Lawyer: Ely, Counselor at Law replied 6 years ago
Hello,

You did not say that he is going through divorce. In that case, if he divorces his wife before USCIS reviews the papers, then the second marriage is then valid. It is not automatically void in CT under CGS §46b-40(a), so if the divorce is finalized before USCIS review, you may successfully argue that the second marriage is valid since the first has ended.

However, with the very fact that you married with the first marriage still not ended raises USCIS scrutiny towards fraud or alternative motives. Counsel is recommended.

I hope you found my answer helpful, and if so please do not forget to click ACCEPT. This is the only way for me to get credit for my work – I receive no credit for my time with you unless you actually press ACCEPT, even if you already have a subscription. If you need more information, please use the REPLY button and I’d be more than happy to answer to your satisfaction. There is no fee for follow up questions before or after accepting, if we continue the conversation. If you feel that I went an extra step to help you, a bonus in the form of another accept or an “add on” (available after you accept) is truly appreciated. You can always link to my profile for another question at a later time:

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