QUESTION
What will happen to my wife if she tries to obtain permanent residence through her new spouse?
Asked on Feb 29th, 2016 on Immigration - Maryland
More details to this question:
My wife (Salvadorean born) and I (US born) have been married for 4 years and together for 8. We don't live together because she is finishing her studies in El Salvador. We never started the process for permanent residence. The last time we saw each other was on Jan. 2015, when she arrived on her tourist visa. Unbeknownst to me, she traveled to the US July 2015 thru Oct. 2015 and returned to El Salvador. My wife got married in the US with someone with permanent residence that she met that year. To verify I searched online through the state marriage records and a marriage license was issued. Within the marriage license my wife stated her marital status as single. My wife eventually, informed me that she wanted to end our relationship when she returned to El Salvador in Oct. 2015. We are currently still married and undergoing the divorce process. I understand she has committed bigamy and she falsely stated her marital status as single and I know that a divorce will not alleviate that.
1 ANSWER
Your wife faces serious consequences if USCIS and/or the consulate determine the extent of what was done. Your wife is ineligible for an immigrant visa at this time. Her second marriage is not valid for immigration purposes as she was still married. In addition, she willfully misrepresented herself when she applied for her tourist visa. This triggers a permanent bar to admission which can only be waived based upon showing extreme hardship to a qualifying relative.
Answered on Feb 29th, 2016 at 5:10 AM