He wasn't really married?

[NicoleJB]

Okay, I am going really slow at this process, haven't filed any paperwork however I am doing research every day so I can make sure I know what I am getting myself into,

(1) My fiance's past marriage come to find out they had the religious ceremony 12 years ago in Colombia however they never filed the paperwork with the government to show that they were married.
(2) Him and his "wife" came to this country on a tourist visa and overstayed more that one year
(3) They both relocated to Canada and are on a application together as husband and wife (commonlaw) for PR card

Question? What type of paperwork should I or could I provide to show on our I-129F that he is available to marry me???? Should I state that he was never married?

I haven't read any topics on this one, if anyone has information please respond.

[Chapital]

Sounds like a good candidate for a question in Laurel's chat. I don't know if even bringing it up will open a can of worms..

[Laura]

That's a tough question for an attorney. I'm not sure.

[Lulu]

Ooh, you're in a tough spot. I am going to tell you what I believe is the deal, and you're not going to like it (though I'm not a lawyer, and you may want to consult with one as others have recommended).

First of all, whether he filed official paperwork or not, he did get married. In some cases, if there was no paper-trail pointing to that fact, you may be able to get away with omitting the previous marriage. However, you said that he and his wife came to the US on a tourist visa. He probably put down that he was married on his visa application, never mind the Canadian thing. The US government will know that he was married, its inescapable. You can't state that he was never married. He was, and there is documentation on which he claims he was. If you now say that he was never married, they can call it misrepresentation.

So, now the question is, how can you prove that he is free to marry you? He may not be. He may have to file for an annulment or divorce, or come up with some other type of official, legal paperwork that states that he is not currently married. That paperwork, whatever it may be, should probably be some official decree from the courts of Colombia, or some other authoritative entity. I hope I'm wrong, but I am certain that you will have to deal with the marriage, and therefore with the ending of the marriage, one way or the other.

[iagarcia2004]

First of all, whether he filed official paperwork or not, he did get married. In some cases, if there was no paper-trail pointing to that fact, you may be able to get away with omitting the previous marriage. However, you said that he and his wife came to the US on a tourist visa. He probably put down that he was married on his visa application, never mind the Canadian thing. The US government will know that he was married, its inescapable. You can't state that he was never married. He was, and there is documentation on which he claims he was. If you now say that he was never married, they can call it misrepresentation.



I was thinking this too. I think you definately need a lawyer's opinion.

[NicoleJB]

Okay I think I will ask this next week in the chat with Laurel, I might even do a consultation with her before I file the I-129F, somedays this process seems like we can overcome it and other days it seems so impossible. I wish I was ignorant and didn't think of all the steps however I keep researching and I know this is going to be a long journey.

[stephluvju]

Wow! This is tough - Good Luck! I hope it all works out for you!

[kasia1015]

you have a colombian boyfriend?? we colombians are the best jejejejejej