Im screwed

[claves66]

Here is the issue. Yes I know I am a moron so help not critism would be nice.

 

My ex girlfriend of 3 years ago. Put me on some benifit papers at work. In order to get me off the papers she filed for a divorce. She used the common law marriage of Colorado as the basis. Now foolishly I called NSCIS and they said they do not recognize Common Law marriage. Quite franly I forgot about the damm paperwork. When I was in China I got married. Come to find out the "divorce paperwork" was not complete. There is a waiting period. So my family lawer said that my marriage is not VOID. However it is voidable. So it's up to USCIS as to weather I am married. So Ihave to wait for a "rejection" I am sure. Should I file for the I-129 Fiance' Visa after the rejection? I am going back in 62 days to spend my honeymoon in Beijing with my wife. Should I just get remarried then? Will the Chinese Government allow me to get married again? I have just added 3-6 months to the Visa I am sure. Help

[david_dawei]

You've got two marriages on the books... which marriage is voidable, first one? (or both?)

 

How can you file I-129F after a rejection, this is for non-marriage status? You'd have to void (end) two marriages, after their respective wait periods; call something like the "final decree".

 

Re-marry in china? again, after both are past "final decree"...

 

There was another thread of someone who was in something similar I think.. I'll search for it...

[claves66]

You've got two marriages on the books...  which marriage is voidable, first one?  (or both?)

 

How can you file I-129F after a rejection, this is for non-marriage status?  You'd have to void (end) two marriages, after their respective wait periods; call something like the "final decree".

 

Re-marry in china?  again, after both are past "final decree"...

 

There was another thread of someone who was in something similar I think.. I'll search for it...

233391[/snapback]

I have a final Decree from my so called first marriage. The second one is supposly "Voidable". Hell I forgot about the dam thing until the "decree" showed up.

[david_dawei]

Here's the thread I mentioned.. read it carefully.. I think it has some similarities:

 

http://candleforlove.com/forums/index.php?showtopic=15139

 

------

 

Was the first one final before the second marriage?

 

I think your issue is that it was not final in time right?.. which means your second divorce is "voidable" according to the lawyer... and your thinking, void it and either get married or file fiancee...

[claves66]

You've got two marriages on the books...  which marriage is voidable, first one?  (or both?)

 

How can you file I-129F after a rejection, this is for non-marriage status?  You'd have to void (end) two marriages, after their respective wait periods; call something like the "final decree".

 

Re-marry in china?  again, after both are past "final decree"...

 

There was another thread of someone who was in something similar I think.. I'll search for it...

233391[/snapback]

This is gonna break my wifes heart. It's really up to the US governement. I sent in an update to the paperwork. But it will show a final decree after my marriage in China. I do not want to void my real marriage. To my real wife in China. Damm it...

[Guest pushbrk]

Here is the issue.  Yes I know I am a moron so help not critism would be nice.

 

My ex girlfriend of 3 years ago.  Put me on some benifit papers at work.  In order to get me off the papers she filed for a divorce.  She used the common law marriage of Colorado as the basis.  Now foolishly I called NSCIS and they said they do not recognize Common Law marriage.  Quite franly I forgot about the damm paperwork.  When I was in China I got married.  Come to find out the "divorce paperwork"  was not complete.  There is a waiting period.  So my family lawer said that my marriage is not VOID.  However it is voidable.  So it's up to USCIS as to weather I am married.  So Ihave to wait for a "rejection"  I am sure.  Should I file for the I-129 Fiance' Visa after the rejection?  I am going back in 62 days to spend my honeymoon in Beijing with my wife.  Should I just get remarried then?  Will the Chinese Government allow me to get married again?  I have just added 3-6 months to the Visa I am sure.  Help

233389[/snapback]

I don't want to make any assumptions here. Were the "divorce papers" you mention presented in China? Did you indicate that relationship was a marriage?

 

Specifically how do you see this biting you?

 

Anyway if you ARE married to two people, the resolution on the last case like this was to complete the US divorce, take new papers to China and get the effective date of the marriage in China adjusted. China considers the current marriage valid.

 

Again, be specific about just how you see this biting you.

[olemanoman1950]

I'm lost on this one? Didnt you need a proof of being single signed and notarized by everyone but God. Surely there was some record of the 2nd marriage..

[david_dawei]

Here is the issue.  Yes I know I am a moron so help not critism would be nice.

 

My ex girlfriend of 3 years ago.  Put me on some benifit papers at work.   In order to get me off the papers she filed for a divorce.  She used the common law marriage of Colorado as the basis.  Now foolishly I called NSCIS and they said they do not recognize Common Law marriage.  Quite franly I forgot about the damm paperwork.   When I was in China I got married.  Come to find out the "divorce paperwork"  was not complete.  There is a waiting period.  So my family lawer said that my marriage is not VOID.  However it is voidable.  So it's up to USCIS as to weather I am married.  So Ihave to wait for a "rejection"  I am sure.  Should I file for the I-129 Fiance' Visa after the rejection?  I am going back in 62 days to spend my honeymoon in Beijing with my wife.  Should I just get remarried then?  Will the Chinese Government allow me to get married again?  I have just added 3-6 months to the Visa I am sure.  Help

233389[/snapback]

I don't want to make any assumptions here. Were the "divorce papers" you mention presented in China? Did you indicate that relationship was a marriage?

 

Specifically how do you see this biting you?

 

Anyway if you ARE married to two people, the resolution on the last case like this was to complete the US divorce, take new papers to China and get the effective date of the marriage in China adjusted. China considers the current marriage valid.

 

Again, be specific about just how you see this biting you.

233396[/snapback]

My take is that his second marriage occurred while still legally married (first one was not "final" per the wait period).

 

The first one did eventually become final ; but second one was not legit, not single status...

 

Thus, probably the second one must be voided (performed under marriage status)... ????????????

[hypoclear]

As for divorce in China. In SZ area it takes one month. File papers pay a fee come back in 1 month, maybe pay a fee, (Why not, new day new thing, you pay! Chiney way ..) Than you could go with the fiance visa.

 

Seems like there is no record in CO? but I'm not a lawyer so don't know what to say on that score.

 

Mark

[Guest pushbrk]

You've got two marriages on the books...  which marriage is voidable, first one?   (or both?)

 

How can you file I-129F after a rejection, this is for non-marriage status?  You'd have to void (end) two marriages, after their respective wait periods; call something like the "final decree".

 

Re-marry in china?   again, after both are past "final decree"...

 

There was another thread of someone who was in something similar I think.. I'll search for it...

233391[/snapback]

This is gonna break my wifes heart. It's really up to the US governement. I sent in an update to the paperwork. But it will show a final decree after my marriage in China. I do not want to void my real marriage. To my real wife in China. Damm it...

233395[/snapback]

Relax and provide all the facts.

 

Yes, if you sent an update to USCIS on your I-130 or I-129F indicating you had another marriage that ended after you married your wife in China, you are going to have to file new paperwork, showing a China marriage certificate with a later date than your latest divorce. I'm not certain but I don't think you have to BE in China to do this.

 

Since USCIS already told you they don't recognize common law marriages, I can't imagine why you informed them of a divorce connected with a marriage they told you they wouldn't recognize.

 

Perhaps, you could explain this to them and get approval on your first petition. It's worth a try.

[GaryandSherry]

I am confused. How the hell do you get a divorce from a common law marriage? There is no official paperwork in the state records for the common law marriage, so how can you file paperwork to undo something that has never happened. Splitting assets.. yes. Considering it a marriage for the record is hard for me to fathom. Maybe I should have been a lawyer.

[claves66]

Here is the issue.  Yes I know I am a moron so help not critism would be nice.

 

My ex girlfriend of 3 years ago.  Put me on some benifit papers at work.  In order to get me off the papers she filed for a divorce.  She used the common law marriage of Colorado as the basis.  Now foolishly I called NSCIS and they said they do not recognize Common Law marriage.  Quite franly I forgot about the damm paperwork.  When I was in China I got married.  Come to find out the "divorce paperwork"  was not complete.  There is a waiting period.  So my family lawer said that my marriage is not VOID.  However it is voidable.  So it's up to USCIS as to weather I am married.  So Ihave to wait for a "rejection"  I am sure.  Should I file for the I-129 Fiance' Visa after the rejection?  I am going back in 62 days to spend my honeymoon in Beijing with my wife.  Should I just get remarried then?  Will the Chinese Government allow me to get married again?  I have just added 3-6 months to the Visa I am sure.  Help

233389[/snapback]

I don't want to make any assumptions here. Were the "divorce papers" you mention presented in China? Did you indicate that relationship was a marriage?

 

Specifically how do you see this biting you?

 

Anyway if you ARE married to two people, the resolution on the last case like this was to complete the US divorce, take new papers to China and get the effective date of the marriage in China adjusted. China considers the current marriage valid.

 

Again, be specific about just how you see this biting you.

233396[/snapback]

Ok I am losing it. I am sorry.

 

I went to us Consoluate and stated I was single. Common law there is no official statement saying "I am married" It's only after you get your final Decree that it's a marriage (this is from what I have gathered so far). I was told on the phone two different things. The final Decree from my Common law marriage was after my real marriage. I do not have any paperwork saying it will be reject but the cas eoffice said I was not free to marry. Ergo the marriage was not valid. But once again I was told by the lawer that is Voidable, not void. So suggestions on a course of action?

Edited July 24, 2006 by claves66 (see edit history)

[david_dawei]

I went to us Consoluate and stated I was single.  Common law there is no official statement saying "I am married"  It's only after you get your final Decree that it's a marriage (this is from what I have gathered so far).  I was told on the phone two different things.  The final Decree from my Common law marriage was after my real marriage.    I do not have any paperwork saying it will be reject but the cas eoffice said I was not free to marry.  Ergo the marriage was not valid.

233406[/snapback]

so your saying that they don't recognize the common law marriage.. but once the final decree of the divorcee of that [common law] marriage is executed, they then recognize that you were married???

 

The marriage was not valid? the second one? Try to reference each marriage in some way each time .. my head hurts...

[Guest pushbrk]

Here is the issue.  Yes I know I am a moron so help not critism would be nice.

 

My ex girlfriend of 3 years ago.  Put me on some benifit papers at work.   In order to get me off the papers she filed for a divorce.  She used the common law marriage of Colorado as the basis.  Now foolishly I called NSCIS and they said they do not recognize Common Law marriage.  Quite franly I forgot about the damm paperwork.   When I was in China I got married.  Come to find out the "divorce paperwork"  was not complete.  There is a waiting period.  So my family lawer said that my marriage is not VOID.  However it is voidable.  So it's up to USCIS as to weather I am married.  So Ihave to wait for a "rejection"  I am sure.  Should I file for the I-129 Fiance' Visa after the rejection?  I am going back in 62 days to spend my honeymoon in Beijing with my wife.  Should I just get remarried then?  Will the Chinese Government allow me to get married again?  I have just added 3-6 months to the Visa I am sure.  Help

233389[/snapback]

I don't want to make any assumptions here. Were the "divorce papers" you mention presented in China? Did you indicate that relationship was a marriage?

 

Specifically how do you see this biting you?

 

Anyway if you ARE married to two people, the resolution on the last case like this was to complete the US divorce, take new papers to China and get the effective date of the marriage in China adjusted. China considers the current marriage valid.

 

Again, be specific about just how you see this biting you.

233396[/snapback]

Ok I am losing it. I am sorry.

 

I went to us Consoluate and stated I was single. Common law there is no official statement saying "I am married" It's only after you get your final Decree that it's a marriage (this is from what I have gathered so far). I was told on the phone two different things. The final Decree from my Common law marriage was after my real marriage. I do not have any paperwork saying it will be reject but the cas eoffice said I was not free to marry. Ergo the marriage was not valid.

233406[/snapback]

Please relax and provide a detailed chronology of what you did and what you were told. There are several possible scenarios but you haven't provided enough information.

 

Specifically, when did you officially inform USCIS of the divorce decree in question? Why did you do so?

 

What have you been told by USCIS and when?

[claves66]

Here is the issue.  Yes I know I am a moron so help not critism would be nice.

 

My ex girlfriend of 3 years ago.  Put me on some benifit papers at work.  In order to get me off the papers she filed for a divorce.  She used the common law marriage of Colorado as the basis.  Now foolishly I called NSCIS and they said they do not recognize Common Law marriage.  Quite franly I forgot about the damm paperwork.  When I was in China I got married.  Come to find out the "divorce paperwork"  was not complete.  There is a waiting period.  So my family lawer said that my marriage is not VOID.  However it is voidable.  So it's up to USCIS as to weather I am married.  So Ihave to wait for a "rejection"  I am sure.  Should I file for the I-129 Fiance' Visa after the rejection?  I am going back in 62 days to spend my honeymoon in Beijing with my wife.  Should I just get remarried then?  Will the Chinese Government allow me to get married again?  I have just added 3-6 months to the Visa I am sure.  Help

233389[/snapback]

I don't want to make any assumptions here. Were the "divorce papers" you mention presented in China? Did you indicate that relationship was a marriage?

 

Specifically how do you see this biting you?

 

Anyway if you ARE married to two people, the resolution on the last case like this was to complete the US divorce, take new papers to China and get the effective date of the marriage in China adjusted. China considers the current marriage valid.

 

Again, be specific about just how you see this biting you.

233396[/snapback]

Ok I am losing it. I am sorry.

 

I went to us Consoluate and stated I was single. Common law there is no official statement saying "I am married" It's only after you get your final Decree that it's a marriage (this is from what I have gathered so far). I was told on the phone two different things. The final Decree from my Common law marriage was after my real marriage. I do not have any paperwork saying it will be reject but the cas eoffice said I was not free to marry. Ergo the marriage was not valid.

233406[/snapback]

Please relax and provide a detailed chronology of what you did and what you were told. There are several possible scenarios but you haven't provided enough information.

 

Specifically, when did you officially inform USCIS of the divorce decree in question? Why did you do so?

 

What have you been told by USCIS and when?

233410[/snapback]

Married on the 30th of May

final Decree is posted at the courts on 17 July.

 

Forgot this common law thing. It was just to remove me from her paperwork. I signed them and forgot. no court or anything.

 

NCIS first told me the do not recognize Common law last week. True but if you file divorce papers than they do?

Edited July 24, 2006 by claves66 (see edit history)