What will happen if I filed the I-130 and I-145 and my wife is already married? 4 Answers as of May 16, 2011

I think my wife is already married and I just filed the I-130 and I-145, will they investigate her marriage records from her country of origin?

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Oltarsh and Associates, PC
Oltarsh and Associates, PC | Jennifer Oltarsh
It will not be viable. It should be withdrawn. I have been practicing for over 15 years. Our immigration law firm has been in the immigration field for more than 45 years. We have handled cases with experience, integrity, and good effect. Please call me. We offer payment plans with no interest.
Answer Applies to: New York
Replied: 5/16/2011
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
I recommend you withdraw both application since you the marriage upon which these applications are based is not valid. That means that whenever USCIS finds out this information, it will (or can) rescind the green card and remove your "friend" from the US. To be sure, the green card she will get will not be valid from the get go. It will be like a time bomb. The best thing to do is to withdraw all that paperwork and get her to divorce and then re-file the whole thing again. There are ways of doing this legally. In terms of investigating marriage records, the way it usually works is that if USCIS has any reason to believe that she is married, they will send the consulate a cable to investigate it in her country of origin. For you the problem is that if you are found out, then it will be difficult for you to "immigrate" other people including future spouses without much difficulty. Do the right thing . . .it is so easy. Good luck!
Answer Applies to: California
Replied: 5/13/2011
Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
If she is already married then the marriage with you is null and void, as she has committed bigamy. Immigration will take this matter very seriously. Contact my office for legal advice on how to deal with.
Answer Applies to: Florida
Replied: 5/13/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
What do you mean your wife is already married? Is she married to you or to others? If she is married to you, I-130 is the right form. If she is married to others, you sponsoring her is fraud. The consequence is severe.
Answer Applies to: Florida
Replied: 5/13/2011
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