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My husbands first wife is now filing a bigamy case against…

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My husband's first wife is...
My husband's first wife is now filing a bigamy case against my husband she claims they got married in Japan 6 years ago. Before we got married my husband checked in japan if marriage is legal but japan government said there is No Marriage on File so need for divorce so after being together for 3 years of being together with kids we got married. I have my conditional greencard now since he petitioned me. I am not yet on my removal of conditions. That would be next year. My question is how will this affect me and my removal of conditions? If something happens like divorce or the bigamy case can I take my kids back to my country even if they are US Citizens? Will I be deported from marrying a bigamist if they found out he really is? What will happen to my husband who is a US citizen? Is there a way I can self petition if my kids are already going to school here. The ex of my husband just wanted to retaliate now because she is trying to get an American to marry her but never got one but they were already separated and both have knowledge they are both in a relationship with other people but now she wants money so she is doing all this.
Submitted: 8 years ago.Category: Immigration Law
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Answered in 4 hours by:
6/26/2010
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 years ago
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,949
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Was he legally married to his ex? What evidence does she have of this?
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Customer reply replied 8 years ago
she said she has paper evidence and that she was just recently filing for her permanent green card in japan (she is a filipino national not a japanese citizen) when they said she is married to a US Citizen which is quite confusing because when my husband was asking for a copy Japan government said there was no Marriage on File and he had a friend research it and same thing the government said No Marriage on File. My japanese friend said they have different law in Japan which confuses us. Now she is saying she will file bigamy which concerns me about my immigration status as well. Will I be deported? We have two small kids and are building our family life here in US.
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 years ago
If there is any evidence that he was married, then yes, you would be deported because you were never supposed to have gotten that Residency. So basically what he should do is hire an attorney in Japan to research this and to obtain a certified letter from the Japanese courts that state that there is no record of any marriage for him. This would serve to show the U.S. that he did not commit bigamy and that he was free to legally marry you.
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,949
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Customer reply replied 8 years ago
What will then happen to my kids? Are they going to be deported too even if the father stays here in the US?
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 years ago
Is there any particular reason that you have not accepted my answers to you up until now? I only get paid if you click accept and you pretty much disappeared. I don't mind answering a few follow-up questions for you, just wanted to know if you know how the website works.
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Customer reply replied 8 years ago
I was away and wasn't able to check for days. It was my 1st time using this website. Should I click Accept now even with follow up questions? sorry about that
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 years ago
No worries. It is ok. Are your children U.S. Citizens?
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Customer reply replied 8 years ago
Yes they are. They were born in the US.
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 years ago
Then they can stay or go. If it comes down to some custody battle between you and their father, most family courts want to keep the children with the mother even if the mother gets deported.
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Customer reply replied 8 years ago
Thanks.
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 years ago
You are very welcome. Good luck to you!
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