Problem on EB3 application..please advice...

suzanne4, RN · Apr 12, 2008

If your marriage is not legal, then there is no way that you can get your husband as your dependent. Your American dream is going to need for you to come to the US without him if that is what you wish to do at this time, but better for you to delay things and get this resolved as your attorney recommended.

nahtanoj · Apr 12, 2008

I have a friend who was in the same boat as you are. However, he has a more serious case as both came to U.S. with the "supposed wife " on H4. The wife went on to study and finished nursing. The guy eventually dropped the wife from the petition and the wife has his own petition from the hospital.

The U.S. lawyer who was working in INS before mentioned that the guy does not willingly know at the time he applied for H1 that the wife was married. The guy eventually got his green card without hassle although there were some annotation in his petition. The wife still has pending petition.

john83, BSN, RN · Apr 12, 2008

:stoneHi there..

I'd like to share my problem pertinent to my Eb3 application.Its kinda complicated but I hope you'll get the point...:zzzzz

At the time of my application,year 2005, I am still single. Year 2006 I got married and I have successfully updated my status with our immigration lawyer. My PD is June 2005 and is now current this month of April.It was indeed a very good news after 3 long years, but this good news turned the other way round when lately,my husband told me that I wasn't his legal wife.He disclosed that he has been married 10years back.. but they got separated after a year of their marriage...In short, our current marriage certificate is null and void since his previous marriage is still existing.

The problem is that He has been included in my petition as my spouse and he has been issued a visa bill too. As soon as my immigration lawyer sent the new DS230 form for us to fill up, I have informed the lawyer of what I have known lately.With that reason, He adviced me to hold back my DS230 and not to send them until I have straightened up my problem. He said, I can face a major problem and my case can be totally denied since I have committed fraud. I explained my side that I didn't knew that he got legally married before our marriage took place..but he said he can't do anything for me now.
I am afraid and really disappointed that this can be the cause of an end to my American dream..I have completed all the immigration requirements, nclex, visa screen, etc..but all became useless because of my marital issue...

I am really depressed and don't know what to do..Is this really the end of it? Is there still a HOPE for my immigration case?Please help...

Thanks for sharing your information. I am sorry to hear about what happened...

My advice is, please seek a second opinion. It maybe a bit expensive but at least you can somehow have peace of mind.

I am not sure about your case but maybe something can still be done...

suzanne4, RN · Apr 12, 2008

Thanks for sharing your information. I am sorry to hear about what happened...
My advice is, please seek a second opinion. It maybe a bit expensive but at least you can somehow have peace of mind.
I am not sure about your case but maybe something can still be done...

sorry, but not with the fact that she already knows that the marriage is not legal in the eyes of your government. She will not have a problem with getting her own green card at this time, but adding the unlegal husband to it with the facts being known, leaves both of them subject to getting denied at the interview or deported later on.

It could be considered unintentional immigration fraud, but that is what it is.

canterbury009 · Apr 12, 2008

Thanks guys...For now, We have started filing an annulment for his previous marriage.But the fact that our marriage transpired before their annulment makes me feel uncertain of things that may happen with my case. If delaying my papers could help, which may take years, then what if the NVC will not work on my papers anymore when that time comes?oh my god....more advices please...I'm really scared.I didn't want this to happen...And if leaving my spouse behind(temporarily) would solve the problem, then so be it...i just don't want that my whole petition case will be denied...

please help......

canterbury009 · Apr 12, 2008

Hi guys thanks so much for sharing your thoughts and opinions re:my problem...well appreciated..

For now, my husband started filing for an annulment for his first marriage. But the fact that our marriage transpired before their annulment makes me feel uncertain of things that may happen with my case..I hope it will help though..and if leaving my husband behind(temporarily) would help too, so be it...I just don't want to think that my whole petition case will be totally denied..

One of you mentioned to delay things, what if delaying things would take years and NVC would not process anymore my case when that time comes?

Oh my god...i need more of your advices... :madface:

allnurses Guide · Apr 12, 2008

My advice would be to get rid of the lying husband!! A marriage built on lies is no marriage at all. I'd drop him off and go by myself.

LiverpoolJane · Apr 13, 2008

My advice would be to get rid of the lying husband!! A marriage built on lies is no marriage at all. I'd drop him off and go by myself.

I have to agree, I couldn't continue in this relationship and would question his motives for being with me - did he just see me as a way of getting to the US?

If you are determind to stay with your boyfriend then I would suggest you have his name removed from the petition ASAP and distance yourself from him, go to the US alone. Go through the correct process when he is in a position to marry you legally if that is what you really want.

I hope you are happy with whatever decision you make.

canterbury009 · Apr 14, 2008

I have emailed my attorney to remove his involvement in my petition but they said they can't do that...Thanks for your advices anyway...

suzanne4, RN · Apr 14, 2008

They can remove him as your dependent. Never has been an issue before that I am aware of.

canterbury009 · Apr 14, 2008

Hey guys!I just got a reply from my immigration lawyer and he said my spouse has been successfully cancelled from my petition but he warned me that I may have still a major problem and have only a very slim chance to get through to the US consulate interview..well, any opinion?Is the marital issue makes a great factor for a successful issuance of Eb3 visa even if one has competed all the immigration requirements?like NCLEX, Visa screen, etc...???any stand regarding this matter?thanks again!