My husband went for immigrant interview in Ghana. He was asked if he had a wife before in Europe because he has stayed there before which he said no. In 2013 he was refuse a non immigrant interview and on that application, he said he was married to an European. Visa was approved but in 4 hours we were emailed to submit divorce decree and police report from the country he had live.
He has a divorce decree dated in 2016 with that European woman but we got married in 2012.
Should we send the 2016 divorce decree or make a new one and backdate it to 2011 sine we were married in 2012.
This is a complicated issue and depends on the marriage law of the place you were married. For example, if you married in Texas and your husband was still married to another woman, your marriage would not be valid. However, once your husband obtains a divorce from the first wife, you marriage becomes legally valid when his divorce is final.
So, you need an attorney from the place of your marriage who is an expert in marriage law for that country and you need a Board Certified Immigration attorney from the US. And most importantly your husband needs to tell the truth in legal proceedings, if not every proceeding. That means you do not change evidence and it seems odd you would be able to “backdate” a government issued divorce decree.
You should always tell the truth in ANY proceeding. In your case, you need to retain a lawyer who practices marriage and family law to determine whether your marriage is still legal, once your husband divorced his ex-wife.
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