HELP! India Polygamous marriage valid in US?

[MK1522]

I hope someone can help me with this very complex issue. This is my situation...

I had a spiritual marriage in India to a man that was already married. This marriage is recognized under India's islamic laws and is legal in India. It is referred to as "Nikka" and is a religious ceremony. At the time of marriage, I did not know he was married. I found out later that I was his second wife and that he has children. I asked him for a divorce numerous times but he refuses to give me one.

I have been in USA on a visitors visa for the last couple of years and have met the love of my life. We got married a couple of weeks ago and would like to move forward with the process of making me a permanent resident. My questions are....

1- Is my first marriage valid in the USA or can it be invalidated based on polygamy grounds since it is not recognized in USA?
2- Was I required to get a divorce before marrying my current spouse? If so, how was I supposed to do this if he refused?
3- Will I be considered engaging in polygamy since I am now married to my new husband? Is my new marriage valid?
4- How do I disclose this on my I-130 application?
5- Can anyone point me to any reading material on my issue that explains what I should do?

Thank you for your help. I really appreciate it.

[daggit]

. This marriage is... ..legal in India.

I have been in USA on a visitors visa for the last couple of years and have met the love of my life. We got married a couple of weeks ago

This appears to be a complicated case. Better off seeking counsel of a good attorney you can talk face to face with.

Generally speaking, a visitor to the US should not overstay past the period of stay authorized by the CBP. Two years on a visitor visa is illegal.

If you claim to be legally married in India, your new marriage two weeks ago is considered invalid.

[rayb]

MK,

You have gotten yourself in a "conumdrum," but you are at least looking for the right answers.

You need to divorce your husband who is in India. You have a basis for an annulment, but annulments in the U.S. are more complicated than divorces in some states.

Since you were already married when you got married in the U.S., your U.S. marriage is invalid. You have two choices: annul the current marriage (or divorce), or simply remarry after you have a clear divorce from the India husband.

--Ray B

I hope someone can help me with this very complex issue. This is my situation...

I had a spiritual marriage in India to a man that was already married. This marriage is recognized under India's islamic laws and is legal in India. It is referred to as "Nikka" and is a religious ceremony. At the time of marriage, I did not know he was married. I found out later that I was his second wife and that he has children. I asked him for a divorce numerous times but he refuses to give me one.

I have been in USA on a visitors visa for the last couple of years and have met the love of my life. We got married a couple of weeks ago and would like to move forward with the process of making me a permanent resident. My questions are....

1- Is my first marriage valid in the USA or can it be invalidated based on polygamy grounds since it is not recognized in USA?
2- Was I required to get a divorce before marrying my current spouse? If so, how was I supposed to do this if he refused?
3- Will I be considered engaging in polygamy since I am now married to my new husband? Is my new marriage valid?
4- How do I disclose this on my I-130 application?
5- Can anyone point me to any reading material on my issue that explains what I should do?

Thank you for your help. I really appreciate it.

[iuy87]

I hope someone can help me with this very complex issue. This is my situation...

I had a spiritual marriage in India to a man that was already married. This marriage is recognized under India's islamic laws and is legal in India. It is referred to as "Nikka" and is a religious ceremony. At the time of marriage, I did not know he was married. I found out later that I was his second wife and that he has children. I asked him for a divorce numerous times but he refuses to give me one.

I have been in USA on a visitors visa for the last couple of years and have met the love of my life. We got married a couple of weeks ago and would like to move forward with the process of making me a permanent resident. My questions are....

1- Is my first marriage valid in the USA or can it be invalidated based on polygamy grounds since it is not recognized in USA?
2- Was I required to get a divorce before marrying my current spouse? If so, how was I supposed to do this if he refused?
3- Will I be considered engaging in polygamy since I am now married to my new husband? Is my new marriage valid?
4- How do I disclose this on my I-130 application?
5- Can anyone point me to any reading material on my issue that explains what I should do?


Thank you for your help. I really appreciate it.

Do u have a marriage certificate of ur husband in india?? How long does it take it get divorce in India? These lawyers just take people money!! u haven't gotten ur work permit as yet? i only doubt spiritual wedding is considered a legal marriage in USA, but i don't know. i would sort this issue before submitting the documents to uscis.

[VNK]

I hope someone can help me with this very complex issue. This is my situation...

I had a spiritual marriage in India to a man that was already married. This marriage is recognized under India's islamic laws and is legal in India. It is referred to as "Nikka" and is a religious ceremony. At the time of marriage, I did not know he was married. I found out later that I was his second wife and that he has children. I asked him for a divorce numerous times but he refuses to give me one.

I have been in USA on a visitors visa for the last couple of years and have met the love of my life. We got married a couple of weeks ago and would like to move forward with the process of making me a permanent resident. My questions are....

1- Is my first marriage valid in the USA or can it be invalidated based on polygamy grounds since it is not recognized in USA?
2- Was I required to get a divorce before marrying my current spouse? If so, how was I supposed to do this if he refused?
3- Will I be considered engaging in polygamy since I am now married to my new husband? Is my new marriage valid?
4- How do I disclose this on my I-130 application?
5- Can anyone point me to any reading material on my issue that explains what I should do?

Thank you for your help. I really appreciate it.

1. Your marriage is valid because it's valid where the marriage took place. Polygamous marriages not being eligible for a visa does not make your marriage invalid.
2. You absolutely need a divorce before marrying anyone else. You need to figure that out in India.
3. You are a bigamist which makes you ineligible for a green card. Your marriage is valid. Your bigamist marriage does not make you eligible for a green card.
4. Do not file an I-130. You do not qualify since you are a bigamist.
5. Do not file. You have really messed up by entering into a second marriage without ending your first marriage.

TIME TO GET A LAWYER.