I did a K1 in 2004, the woman, came and we got married and 4 weeks into the marriage she left. I divorced her by publication because she wouldn't give me the whereabout of her to serve papers. I'm sure she is here falsely accussing me of abuse. She really just wanted to be in the US. She lived here 6 years before and it seems I was her way to come back and she wasted no time going back to her beloved California.

I was involved with another woman before I first met my ex-wife and we started to talk again and rekindled the relationship and we decided we wanted to meet in China and about a month after my divorce I married her in China.

I beleive I submitted a lot of proof of our relationship, pictures, letters, phone records, a letter explaining my past K1 situation.

I have filed the CR1 for my wife and child. Do you think the validity of my marriage would cause a BIG red flag? I already have the NOA1, but I'm waiting for the NOA2, about 4-5 months away.

What are my chances from someone who has experience with this situation? Anything I might to in the future to enhance our chances of success?

I can't tell you honestly that I have the answers for your situation but someone on this site probably has a good idea. I will say that you will most likely be looked at more carefully and I would have every bit of evidence that you have a "real" mariage/family. You should keep all receipts (of money transfers), any records of health insurance or other policies where your wife was added. If you can I would open a joint bank account. You get the idea.....

Any red flag issues would of been prudent to of been handled at the intitial filing of the petition by way of an attachment to detail the circumstances (past and present) of your case. Reason: An approval is a prima facie presentation of eligibility under the Act and a conof must have evidence not previously considered/known by USCIS in order to deny/return to USCIS for revocation.

Good article HERE. There is also a thread on it HERE

Whether there will be issues at the consulate level with the interview for the CR-1 is anyone's guess, as no-one can give anyone guarantees.

At least a consultation with an lawyer specialising in family immigration may also of been prudent. Not trying to worry you, its just that if circumstances are known by the petitioner to be a possible red flag then why would one not take any steps to overcome them initially instead of waiting to see if it causes an issue further along, that then may not be easy to overcome. Not at all saying that yours necessarily falls into this category, just that not all cases are that cut and dried and one (other members reading) should be aware of this.

I wish you all the best on your journey

Lorelle

Thanks Lorrelle, I appreciate you taking the time to respond. I won't be able to obtain an attorney in this matter. I fell hook, line and sinker for this woman and a lot of my resources were spent, I didn't think I would do this again, but here I am. married to a beautiful woman, I should have married before met the Ex.

I feel I did provide a lot of information and I did tell about my past marriage,briefly. I wish I had in fact been more specific. I wonder if I will get a chance to provide more information, as an RFE or before. I have in fact filed a case against my ex with the OMbudsman at the USCIS. I filed this about 2 months ago, I have yet to hear anything about it. I filed this case at the suggestion of an email in response to my intial email the the authority.

I understand this may well be a long process.

Ah, so you did give some details of the past marriage, so USCIS is aware. You will most likely have to wait now until the interview to provide any further information or evidence, if asked for. Are you going to try to be at the interview? Do you know if that particular consulate allows USC to attend the interview as well? If not, just make sure that your spouse knows all the details of the past marriage/petition etc so can answer questions if asked.

As long as you are divorced from your ex-wife, you should be fine. I am sure, you had submitted the divorce decree along with the I-130. However, the Embassy may ask your wife questions to find out whether she is aware of your previous marriage or not.

One of my problems is I'm too honest. There is not much I don't tell my wife. She knows most things about me.

But, Ghuangzhou, China doesn't let you attend the interview. What most people do, is the Petitioner waits outside the consulate, but the person being interviewed will normally put the petitioner's passport on top of all the papers to state he is outside.

I don't intend to attend the interview at least not as of today, can't afford it for one, I don't think it would matter much if I did, from reading those links you graceously made available to me. It seems the real decision is made here in the US. I maybe wrong. I do intend to visit her in the next 6 months if possible. It seems I have at least 1 1/2 years before I can expect an interview. I just got the NOA1, one month ago.

I did briefly mention my past marriage and divorce to this woman, on the I-130 and the G325a and in a letter explaining my marriage and briefly explained my brief marriage to the visa seeker. I wish I had expanded on how I feel I was used by her to get here... but I will have documentation if requested in the future.

I would beg to differ that 'the real decision is made here in the US'... China is notorious for passing out denials without hardly asking for a thing during the interview; The reason is that they have cause to believe something is not right. I don't think this is the DHS stating this, but the DOS, who has authority to issue visas.

If they find something on your case that raises their attention, you'll most likely get pushed into the overcome process to submit what they want; normally they want to review counter-proof off-line (away from the interviewing window).

At Guangzhou, there is a Window #30 which anyone who gets a denial should stop by before leaving the 5th floor.. this window (apparently not too well known) is used to explain anything not understood at the interview or where questions may be asked. Getting the denial is a shock in the first place and the VO may appear to not have time for you... so everyone (going through GUZ) should tell your SO about this window... to take a few breaths after the interview and seek some more info if possible at #30...

You are being stressed out unnecessarily. Just focus on the process and go with it.