Everything fine except validity of legal marriage

[htnradio]

My I-130 petition for my current spouse was denied because of a marriage 20 years in China. I didn't think it counted because I didn't file it at the county court house here. I haven't seen the guy from China in 20 years. We had a language barrier. I found out He filed a **** I-130 petition in my name back then and the documents were deemed fraudulent. It's not my signature. Will I need a handwriting specialist? Can I request an extension on the expensive I-485, file appropriate court documents to terminate old marriage as well as anull current marriage and redo my marriage to my husband before the conditional visa expires, and reapply the I-130. Will I need a lawyer to straighten out this fraudulent material on my record. Can I just speak to them directly? Please help.

[inadmissible]

Did the petition denial specifically mention marriage fraud, or was it denied solely because of alien being petitioned is not your lawfully wedded spouse?

[htnradio]

inadmissable?

Did the petition denial specifically mention marriage fraud, or was it denied solely because of alien being petitioned is not your lawfully wedded spouse?

Thank you for your time and attention. There is no mention of marriage fraud. The reason given is that I was not legally free to marry the beneficiary, and my
marriage is invalid....so it was denied solely on the latter, alien being petitioned is not your lawfully wedded spouse.

Except, in the 'statement of facts and analysis' leading up to the denial reason, there is detail that USCIS records reveal that I was married June 1999 to 'foreign spouse'. The sentence after that incorrectly says my birthdate instead of his, then it states incorrectly that I filed form I-130 on October 4, 1999 on behalf of him and it was approved November 1999. It then says that petition filed June 1999 reveals fraudulent document(s). (I didn't file any documents or sign any petitions at that time and I'm confused about what fraudulent petition was filed in the month of June of that year.) It also states the discrepencies calls into question the credibility of my testimony. And as well, says when asked if I every married anyone in the 'WORLD,' I answered, "no". I should have heard the question clearer, but I just didn't.

[newacct]

There is no such thing as registering a foreign marriage in the US. A valid marriage from anywhere in the world is valid in the US. Going to a new country doesn't allow a married person to marry someone else as if they were single. If there hasn't been a divorce (in China or the US), then the second marriage is invalid and the denial is correct. You need to divorce first and then marry again.

As for the petition that you supposedly filed in the past but you didn't, that's a separate issue. If it causes a problem for the adjudication of your new petition, you can address it then. But I don't think you need to do anything regarding it now because it's not the reason why the current petition was rejected, which was that you had a previous marriage that was not terminated.

[htnradio]

inadmissable?

Did the petition denial specifically mention marriage fraud, or was it denied solely because of alien being petitioned is not your lawfully wedded spouse?

Thank you for your time and attention. There is no mention of marriage fraud. The reason given is that I was not legally free to marry the beneficiary, and my
marriage is invalid....so it was denied solely on the latter, alien being petitioned is not your lawfully wedded spouse.

Except, in the 'statement of facts and analysis' leading up to the denial reason, there is detail that USCIS records reveal that I was married June 1999 to 'foreign spouse'. The sentence after that incorrectly says my birthdate instead of his, then it states incorrectly that I filed form I-130 on October 4, 1999 on behalf of him and it was approved November 1999. It then says that petition filed June 1999 reveals fraudulent document(s). (I didn't file any documents or sign any petitions at that time and I'm confused about what fraudulent petition was filed in the month of June of that year.) It also states the discrepencies calls into question the credibility of my testimony. And as well, says when asked if I every married anyone in the 'WORLD,' I answered, "no". I should have heard the question clearer, but I just didn't.

[htnradio]

There is no such thing as registering a foreign marriage in the US. A valid marriage from anywhere in the world is valid in the US. Going to a new country doesn't allow a married person to marry someone else as if they were single. If there hasn't been a divorce (in China or the US), then the second marriage is invalid and the denial is correct. You need to divorce first and then marry again.

As for the petition that you supposedly filed in the past but you didn't, that's a separate issue. If it causes a problem for the adjudication of your new petition, you can address it then. But I don't think you need to do anything regarding it now because it's not the reason why the current petition was rejected, which was that you had a previous marriage that was not terminated.

Thank you for thoughts. I apologize for being so young and wreckless. I've been in tears for every failure I've even been today. Since there is only one denial reason, do you think I can file it myself and hire a lawyer only if the issue comes up again. Or, I find someone to does flat rate.

[inadmissible]

Fix your marriage, refile, and then hire an attorney if your alien relative petition is then denied or challenged

But you're definitely going to need a family law attorney to get you divorced

At least you're not the alien