HSTEACH Posted February 16, 2003 Report Share Posted February 16, 2003 The only way to legally get this guy's Thai wife to the US would be file a K-3 or I-130. Since he falsely stated that he was eligible to marry in a sworn affidivid before a cousular officer at the embassy in Bangkok, how is he going to match the date on his/her Thai marriage papers and the date of his recent divorce? That information will have to be submitted on either the K-3 or I-130 petition he files with the INS. That will raise a big red flag. In all probability, the petition would be denied. By American law, he has committed bigamy by being legally married to two different women at the same time and he has committed fraud to an employee of the Department of State by uttering a false statement. Bottom line..he's in deep dodo. He needs a VERY expensive lawyer. Link to comment Share on other sites More sharing options...
Guest Posted February 16, 2003 Report Share Posted February 16, 2003 I completely agree. Only suggestion I could offer IS NOT legal advice, nor even legal but.......... Should he return to LOS wait a few months and then marry the lady again, he might be able to forget the first LOS marriage in his application. No worse than his forgetting the 1st marriage..........sorry, but I really don't think there is any legal way he can bring her over. There is no way to undo the crimes he has already committed, regarless of either parties new found 'sincerity'. This one unfortunate lose/lose situations. Link to comment Share on other sites More sharing options...
rovineye Posted February 16, 2003 Report Share Posted February 16, 2003 Says HSTEACH: The only way to legally get this guy's Thai wife to the US would be file a K-3 or I-130. Since he falsely stated that he was eligible to marry in a sworn affidivid before a cousular officer at the embassy in Bangkok, how is he going to match the date on his/her Thai marriage papers and the date of his recent divorce? Legally? No. But obviously he didn't care about that before anyway. So don't file for K-3, file for K-1. Don't even bring up the previous marriage. If by some miracle they know about the affidavid, say the marriage didn't take place. Don't bring the marriage papers to show. How would they ever know? "IF" I was in the position I would do that. BUT, I would NEVER get in that position. Link to comment Share on other sites More sharing options...
lopburi3 Posted February 16, 2003 Report Share Posted February 16, 2003 Don't bring the marriage papers to show. How would they ever know? The fact that her last name is now the same as his might give them a clue? :: Once she married and it is registered here in Thailand her last names changes. And any marriage registered here is a legal marriage by US law as well as Thai law (there is no registration at the US Embassy requirement for this to happen). That a search of marriage records will be a part of the process even if this fails to get their attention. There is just no easy way to 'forget' about a marriage legally (although I am also sure there will be interest here if you find a way). Link to comment Share on other sites More sharing options...
rovineye Posted February 16, 2003 Report Share Posted February 16, 2003 Didn't think of the name change thing.But I do not think they do a search of marriage records, only a self declaration that they are each eligible to marry. As long as the ID card and passport shows old name, and the police check she is required to provide doesn't show a name change, still don't think they would find out. Link to comment Share on other sites More sharing options...
lopburi3 Posted February 16, 2003 Report Share Posted February 16, 2003 the police check she is required to provide doesn't show a name change I suspect that police check is going to trace her name to a marriage certificate if she has a registered marriage here. She will also have to list all names she has used and marriages on new visa paperwork. She does not want to lie here. He is the one in the wrong. Don't put her into an illegal position. Link to comment Share on other sites More sharing options...
rovineye Posted February 16, 2003 Report Share Posted February 16, 2003 From what I was told about the police check, it only lists ant arrests and convictions, or blacklistings. Very brief document. Fairly new requirement also (about 6 months). But your point about lying is valid. If they get caught they will probably never be able to correct it. Falsifying info to the Embassy is a sure fire way to be permanently banned. Doesn't change my opinion that they would never find out. And I only discuss it because they are in a tight spot anyway. Even if she gets caught the only thing that would happen to her is a denial of VISA. Maybe the best thing for her in my opinion. Link to comment Share on other sites More sharing options...
rovineye Posted February 16, 2003 Report Share Posted February 16, 2003 From what I was told about the police check, it only lists arrests and convictions, or blacklistings. Very brief document. Fairly new requirement also (about 6 months). But your point about lying is valid. If they get caught they will probably never be able to correct it. Falsifying info to the Embassy is a sure fire way to be permanently banned. Doesn't change my opinion that they would never find out. And I only discuss it because they are in a tight spot anyway. Even if she gets caught the only thing that would happen to her is a denial of VISA. Maybe the best thing for her in my opinion. Link to comment Share on other sites More sharing options...
lopburi3 Posted February 16, 2003 Report Share Posted February 16, 2003 From what I was told about the police check, it only lists arrests and convictions, or blacklistings. Very brief document. Fairly new requirement also (about 6 months). Police check is a very old requirement but was not used here for some time. I know there is a central record of marriages and one of the questions on form is marriage so believe in today's world it will be checked at some point.Agree that she is probably better off at home than with what appears to be less than an ideal marriage partner. But if determined to proceed believe their best course of action would be to end the present marriage and then marry in a fully legal manner; rather than trying to fix the present situation. Link to comment Share on other sites More sharing options...
Old Hippie Posted February 16, 2003 Report Share Posted February 16, 2003 Maybe I missed this here, but Can't he just apply for a fiance visa and then marry her in the USA? As I recall from my ordeal with the ex, the INS doesn't really recognize a foreign marrage. It will consider the marrage in determining entry. Once entry is granted, it is sort of up to you and your god whether you are "married in the eyes of the (your) lord..." At least this was the case... Link to comment Share on other sites More sharing options...
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