On US immigration papers does my husband have to claim a former Muslim wife who has no legal papers ?

Question

We are legally married for 18 months and would like to go to the US now. His marrage before was never legal or had any formal agreement., But we need to know if we have to report it.

Answer 1

Be very careful here. IF you report a previous marriage and then fail to produce the legal papers such as devorce certificate/decree, then you case will be dismissed or put in halt until you can produce the documents. If you know that there was no formal (and court certified) marriage agreement between your husband and former wife, I remmend you NOT to report. It was not "legal" marrige under the US law. If you report, make sure that you can produce papers that show the former merriage ended legally before your current one.

Answer 2

If they were legally married in the country where they lived, yes, he does  have to report the marriage and prove that it ended.  Don't try to conceal this; it may cause you problems later, and might even affect the nationality of your children.

Answer 3

If the marriage was "not legal" and had no "formal agreement" then it wasn't a marriage, simply a relationship and there is no need to report it.

Even if it was a "marriage", there is really no way for US Immigration to find out about it (unless he tells them) so there is no need to declare it.

Answer 4

If he doesn't, it will look suspicious to Homeland Security.  They will automatically assume he is hiding something and probably put him on a watch list, at the very least.

Answer 5

If he was simply living with this woman, then no.  But if he was married to her through any means that is recognized as 'marriage' in the country where it took place - even if there are no documents to prove it - then he is married to her, not to you.  US immigration law does not recognize polygamous marriages.

Answer 6

Not unless she is trying to immigrate here with him.