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  • Help- Citizenship Application Spouse Section

    Hello,
    I am ready to apply for my Citizenship. About 4 years ago when I got my greencard, I wanted to get my Girlfriend to United States. She was back in my home country. So we did a paper marraige (did it in court) got the marraige certificate. When I applied for my green card I had my status as single. Then my Girl Friiend took the certificate and applied for a Green Card in the embassy back home based on our marital status. The embassy did not grant her the visa and said that the marraige was not legitimate.
    She has already married to some body else now. Since it was only a paper marraige I did not file divourse paper work.
    So, Now when I am applying for my Citizenship, should I state myself as married or should I state as single. Do I have to show a divource certificate.
    Please provide your input. I will really appreciate it
    thanks

  • #2
    I suggest you talk to a good attorney.

    Comment


    • #3
      According to you is your marriage legitimate or not?
      If yes, then mention your spouse details, if not state yourself as single.

      Comment


      • #4
        Sorry,- I just went through your notes again and you had mentioned that she got married to another guy now, meaning which she is out of your way right?

        If this is true, I'd say go ahead and state yourself as single, because of the following reason.
        - When you apply for citizenship for yourself, INS is going to validate only your background and there is no way there are going to find out about your paper marriage and deny your citizehship.

        Comment


        • #5
          If the marriage was registered, then it is legitimate. Does not matter if it is on paper or real traditional marriage. Your Ex GF had to get a divorce before getting married as it is illegal to get married without a divorce (depends on which country)

          And you are in a big mess and need to get a divorce.

          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.

          Comment


          • #6
            You need legal advice

            You should state that u r married. If your ex GF applied for GC based on a marriage status with you and was denied, there is a *possibility* that your GF's application along with your details might be in USCIS database. If you say u r not married and they find it otherwise, you are at a risk of losing the opportunity on good moral character.

            You should fix this messy situation ( paper divorce for a paper marriage? ) and then apply based on facts.

            This is just my opinion, not a legal advice....

            Originally posted by dreamzentrue
            Hello,
            I am ready to apply for my Citizenship. About 4 years ago when I got my greencard, I wanted to get my Girlfriend to United States. She was back in my home country. So we did a paper marraige (did it in court) got the marraige certificate. When I applied for my green card I had my status as single. Then my Girl Friiend took the certificate and applied for a Green Card in the embassy back home based on our marital status. The embassy did not grant her the visa and said that the marraige was not legitimate.
            She has already married to some body else now. Since it was only a paper marraige I did not file divourse paper work.
            So, Now when I am applying for my Citizenship, should I state myself as married or should I state as single. Do I have to show a divource certificate.
            Please provide your input. I will really appreciate it
            thanks

            Comment


            • #7
              I d say if you have not consumated the marriage you could get a divorce on that basis and//or even the marriage would not be valid . But say she says you have or you have then you should get a divorce before that.

              Comment


              • #8
                Originally posted by frmheaven
                I d say if you have not consumated the marriage you could get a divorce on that basis and//or even the marriage would not be valid . But say she says you have or you have then you should get a divorce before that.
                Which era are we in? A marriage is valid if it is legal. USCIS is not a religious institution to say the marriage is not valid if it is not consumated. That part has nothing to do with a legal marriage.

                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.

                Comment


                • #9
                  Originally posted by txh1b
                  Which era are we in? A marriage is valid if it is legal. USCIS is not a religious institution to say the marriage is not valid if it is not consumated. That part has nothing to do with a legal marriage.

                  I agree with txh1b that the marriage was legal. What you need to establish though is wether or not the marriage was dissolved. If your wife re-married, then I would think that there was some sort of dissolution of your marriage to her. Be sure to find this out and get some physical proof like a final judgement or divorce decree, then you can complete your application for citizenship. At least that will give you some peace of mind.

                  This is just my opinion...

                  Comment

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