this is a stupid question but here goes my girlfriend lives in colombia and we want to get married in the states now the problem is she was married there and doesn't have the divorce from the guy who now lives in the states and it will take along time for her to get it and we have been together for a year and a half the lawyer sezs it will take another year to have a chance so my question is if we try to apply for the fiancee visa without saying she was married will they find out.

Posted on March 6, 2009


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While I don't think the people at the embassy will find out, honestly I don't think it's a good idea to lie, as when you apply for the visa, you have to declare under penalty of perjury that the information you provide is correct.
Besides, keep in mind under a fiancee visa you have to get married within three months, so at that point you would be committing bigamy. Just imagine if her current husband or another person who knows she is still married finds out and decides to blackmails you... You could be found guilty or perjury, immigration fraud, and bigamy!

Posted on March 6, 2009


well she has tried to contact him but he now got married and has kids and wants nothing to do with her or help her so i really dont think that will happen i mean they were married in 2001 and they have had no contact since then

Posted on March 6, 2009


they were married in barranquilla,colombia

Posted on March 6, 2009


I think the best think you could do is to offer some money to the guy, to see if he is willing to colaborate. If so, have your lawyer prepare all the paper work and mail it to him, so that he only needs to sign and collect the money.

Posted on March 6, 2009


i've tried but the guys doesn't anwser letters,emails,or nothing i mean we are trying everything but we cant figure anything else out do you have any ideas on different visa that can help

Posted on March 6, 2009


i don't understand this
"she was married there and doesn't have the divorce from the guy who now lives in the states and it will take along time for her to get it"

then "well she has tried to contact him but he now got married and has kids"

? how can he be married if he is still married to the other one? am i missing something here?

Posted on March 6, 2009


yeah they were married in colombia and now he got married in the us that how

Posted on March 6, 2009


I got confused by that as well Kat. If according to her they're STILL married, then he CAN'T be married and if he is, his second marriage is not valid as bigamy has been committed. So something's not right.

As for a fiancé visa, forget about it if she's still married because you need to send original statements from both, you the US Citizen and your fiancé certifying that you intend to marry within 90 days of entering the US on a valid K-1. If she's already married then there is no way this can happen. If you don't get married within 90 days, you won't be able to file for Adjustment of Status and she won't obtain her permanent residency.

Bottom line is, she needs to be divorced and have a FINAL copy of her divorce decree as you will need it in order to file for her visa.

Posted on March 6, 2009


let me ask is there any other visa that can get her here

Posted on March 6, 2009


It depends on what you want. If your intentions if for her to come live in the US, then no, she has to have been divorced. If you want her to visit then a tourist visa is the way to go.

Posted on March 6, 2009


what is needed for a tourist visa and how long is the process

Posted on March 6, 2009


She just needs to get an interview appointment at the US embassy in Bogotá and bring with her as much evidence with her proving that she has every reason to go back to Colombia after her trip to the US. Bank statements, employer letter, property titles, etc. This still does not guarantee her a visa since 90% of the applicants are denied but it's worth a try.

Again, with this visa she cannot stay in the US or she'll become another illegal like so many others.

Posted on March 6, 2009


i see thx mononoke28

Posted on March 6, 2009


you dont need 2 years in order to fill for a trial divorce, that`s a common mistake for lawyers who practices other areas different from family law.

if you want, contact me, i will give you further details of how to proceed

lawyerscolombia@yahoo.com

Posted on March 6, 2009


yeah that is man we love each other so much it's looking almost impossible that we will be together i mean i would move to colombia but what can a american get there that a colombian cant

Posted on March 6, 2009


It's not impossible as long as she gets her divorce from him, you just need to do a little bit more research on it. My gut feeling tells me that they're already divorced since he's remarried but never told her about it, and he didn't have to if he didn't want to. So now you just probably need to start digging around to see how to get a copy of the divorce decree.

Not easy, but not impossible.

Posted on March 6, 2009


I divorce must be signed by both parts, so I am sure she would know it that were the case. My guess is that her husband is less scrupulous that the average PBH ;-)

Posted on March 6, 2009


Actually Laure, in the US you can get a divorce without the other party knowing about it. There's a process on how to do so and I know of two people who have done it and their wives in Colombia still think they're married.

Posted on March 6, 2009


but how come he is married!!! he is commiting bigamy!!

Posted on March 6, 2009


but how come he is married!!! he is commiting bigamy!!

It reminds me of an episode of King of the Hill in which Hank is being chased by a pimp, so we waits until the lignt is yellow to cross, and when the pimp follows him, Hank says: "He couldn't do that,the light was red!"

Posted on March 6, 2009


That's what I'm saying Kat, if he's remarried that probably means that he already got a divorce from her and she didn't know about it.

Posted on March 6, 2009


how come she wouldn't know? she had to sign something! oh please mononoke don't confuse more hahah

Posted on March 6, 2009


Because in the US you can file for divorce and get it without the signature of the other party. It's a process though where they actually have to put up an ad in the paper among other things but many people go this route to get a divorce.

Posted on March 6, 2009


Whoowhee there sure is a lot of bad information and partial truths flying around here. Get a copy of her birth certificate and his birth certificate and examine the back of both. This will tell a world about what is going on.

ts

Posted on March 6, 2009


what do you mean

Posted on March 6, 2009


Marriages (and divorces) are recorded on the back of birth certificates. That is one reason that in Colombia a birth certificate is "not valid" after ninety days. Unlike my US birth certificate that is valid indefinately. Of course to get my Colombian marriage visa I had to have one issued within ninety days.

ts

Posted on March 6, 2009


The OP is not very clear. It seems he may have run off to the good old usa and gotten married in order to stay. It happens often enough!

ts

Posted on March 6, 2009


Diana's got it right. If the guy decided to get married, he could divorce his wife without her knowing about it. It's along the lines of "My wife left, I haven't seen her in 5 years. I want to remarry, so I need to divorce her." In cases like this, the petitioner will only have to publish all of the legal notices in widely read newspapers and wait for non-response. Not sure if he would have to do the same in Colombian newspapers; but say for example, they lived at one time in Risaralda and he knows that she still lives in Barranquilla, he could post the notices in a Risaralda paper and unless someone there who knows her read them and told her about them, she would never know. Or he might just publish the notices in Choco or somewhere that she will never see them. It's not fair, but it's legal.

To the OP, check the registries in as many of the places that you can find out that he lived and find the divorce decree. If there are privacy issues, your girlfriend can make the requests as her name will be on the documents.

Posted on March 6, 2009


Not quite that simple but an ex parte divorce is available :

1. The petitioner must do a "due diligence" search ACCEPTABLE TO THE PRESIDING JUDGE
2 If that does not locate the other party then constructive service is available. This is notification of the other party by newspaper publication or posting of notice at designated places when the other party cannot be located for personal service (see 1 above). You may also be able to use constructive service when the other party lives in another state. This method is often referred to as service by publication. However, when constructive service is used, the relief the Court may grant is limited. You should also remember the rules differ in every state so consult an attorney in that jurisdiction.

Posted on March 6, 2009


If the woman got married in Colombia and her husband is now in the USA, she could file for divorce in the State where he now lives by hiring an attorney in that state. I was married in the Philippines, and my EX from there could have divorced me in the USA, since I lived here despite she was living outside of the country. One of the spouses need to be in the USA to get divorced here. It would have cost me $1000 more to do a newspaper publication posting in PA without a signature to receive the divorce papers.

The expenses to divorce in the USA will be HIGH, so divorce in Colombia to save money!! My local divorce atty cost $220 an hour and was the same cost as the 2 other lawyers I interviewed.

You could always contact the local Police where her husband lives since he remarried and then the Police could verify him getting a divorce or an illegal marriage.

Posted on March 6, 2009