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Mistaken marriage...will it affect my greencard process?

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  • Mistaken marriage...will it affect my greencard process?

    i posted a thread some time ago and didnt get good answers. i would like to know if a previous marriage that was a mistake would affect my proceedings fo AOS? i have a bone fide marriage with my wife and we know each other over a year now. im living with her and her parents since feb this year. i made a mistake and got married for the wrong reason but soon realised it and filed the divorce myself. me and my wife got married last week and the divorce from the mistaken marriage was finalised also.

    if it doesnt make sense, i mistakenly married a person to get a green card so i can still be with my girlfriend at the time. as soon as i realised it was illegal and the possibility of not being with my girlfriend, i filed the divorce myself. it was finalised last week and me and my girlfriend got married.

    i realised this was a mistake and it looks bad, but her parents will be my sponsors and also sign affidavits that states our bona fide marriage.we also have a joint bank account and a car.

    i couldnt get an anulment from the mistaken marriage coz i didnt have a lawyer and didnt qualify for an anulment under the state laws.

    on the g325a it asks you for previous marriages. if i send in the finalisation copy of the divorce and the receipt i got the day i filed the papers with the court, will i still qualify for AOS? my marriage now is bona fide and i have photos and everything of our time together.

  • #2
    If you have not made a fraudulent claim for an immigration benefit using your previous marriage, you just have to treat it like a failed marriage and divorce.

    If you had used it fraudulently for some purpose, then your AOS will be in trouble. It does look like you need to report the person though that involves in marriage fraud to ICE.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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    • #3
      Originally posted by txh1b View Post
      If you have not made a fraudulent claim for an immigration benefit using your previous marriage, you just have to treat it like a failed marriage and divorce.

      If you had used it fraudulently for some purpose, then your AOS will be in trouble. It does look like you need to report the person though that involves in marriage fraud to ICE.
      txh1b - thanks alot for your answer. just to understand you clearly, should i not worry about it in your opinion? i did not file any papers with the previous marriage since it lasted only less than a month, coz i realised the severity of what i did.

      so basicaly, uscis doesnt know that i did it for the wrong reason so i should act like it was a mistake? like two people doing something stupid? should i write an explanation of the marriage and why it was so quick or should i just fill in the G325A, send a copy of the dissolution of the marriage, and the rest just the normal evidence that is required and only explain when they ask me about it? should i say i did it for a green card at first or just that it was a mistake?

      my wife is changing her name too, should we include these documents too to prove that this is bona fide? do you think they can deny my application solely on the suspicion that it is fraud or do they have to give you a fair chance to prove?

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