If you wonder if you can become a legal immigrant even after discovering your marriage was not valid, this information might be useful.
There are deceptions that can arise in marriages, as when a person trusts to be with the indicated one, but, eventually, marriage problems begin, and the fact that your spouse was allready married, as he/she did it before, comes to light; you did not know about that marriage, and there was no divorce from that marriage.
In these cases, how to regularize migratory status?
There are people arriving at the US chasing the American Dream, and looking for a way to become US Citizens or Legal Residents.
Some got to marry at their home country, and arrive at the US looking for a fresh start, possibly involving a new marriage.
It is important that, if got married in your home country, and considering an option to regularize migratory status through marriage within the US; a divorce from any previous marriage exist.
Some immigrants can get to mention, during consults with immigration attorneys, facts such as that they got married in their home country, that their at-that-time spouse didn’t want to accept the divorce, and that later, when they entered the US, met someone who they had the wish to start over again, without considering they should have divorced in their home country first.
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It is important that, if you’re planning to get married in the US, specially if you consider an option regularizing migratory status through marriage, you had legally divorced in your home country before even thinking about getting married in the US, and before any attempt to regularize migratory status through marriage.
What happens if, under deception, you marry a US citizen who was already married?
It is possible that, when starting a sentimental relation with a US Citizen, everything goes fine at the beginning, you put yourself into the relation at the level of considering him/her you’re one and only; then you get married, marriage problems start and you note, after getting married, that this person was married already when he/she married you.
In most jurisdictions, if someone is married with two persons at the same time, the second marriage is not valid. It is something that often happens.
It is common to hear from someone marrying a US citizen with good intentions hoping that he/she will have a life with her/him, to later discover that his/her couple was already married and did never divorce from that previous marriage.
In this situation, the marriage which was after one of the spouses was married is considered invalid in terms of migratory procedures.
There are ways to regularize migratory status even though, legally, the marriage is not valid: Through the VAWA humanitarian visa.
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VAWA is an humanitarian that is considered noble, in the sense that, even though having entered the country unlawfully, having unlawful enters and exits or previous deportations, if the requirements are met, VAWA visa can give a way to become a legal immigrant without leaving the United States. United States, with the possibility of obtaining an Employment Authorization Document during the time the case is still being processed.
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In situations in whichj an immigrant marroies a US citizen thining that this person would be the love of his/herl life, and then notes that his/her couple was already married, that there was no divorce from the first spouse, and that his/her marriage is considered invalid under the State law; VAWA can be an option to regularize migratory status.
VAWA has the exception that if someone gets married in good faith, that means, with the intention of living with his/her couple, without knowing he/she was already married and that the marriage would be invalid; that can give the way to regularize migratory status even without leaving the US.
In these situations in which the marriage was in good faith with who the person would probably consider the love of his/her life, one of the main requirements to start a process through VAWA is to demonstrate having suffered mistreatment or abuse from that US citizen or legal resident spouse.
It can also be through an ex-spouse, as long as no more than two years have passed since the divorce, or a spouse from which is currently separated or in the divorce process.
Mistreatment and family abuse does not only contemplates physical damage and extreme domestic violence. Even though that is considered mistreatment under the United States law, emotional, psychological, verbal mistreatment, just as insults, constant yelling and humillations are also considered a type of violence. Any forced sexual act or under threats is also a type of mistreatment under United States law.
These facts can help someone reach the permanent residence without leaving the US.
In VAWA cases, generally, the whole behavior during the marriage is contemplated in order to come to the conclusion that someone has been mistreated or had suffered abuse in marriage.
VAWA processes can make people think it will imply problems for the person in which the process is based, however, it is worth mentioning that VAWA visa does not prejudice the person in which the process is based.
It is not necessary to fill a report against the person in which the process is based, as it’s a confidential process and it can be a path to follow in order to regularize migratory status without leaving the US.
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