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dunebuggy

How to remarry the same person after divorce? K1 visa?

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Hi all, I am looking for some advice on how to remarry my foreign partner and bring her to USA to live with me. We were married for over 6 years (never living in USA) and divorced last October, which we both realized was the worst mistake of our lives. I hope you can help me determine the best visa route to get married again and restart our lives together! Is it the K1?
I have written out a timeline to give some context:
Nationality: I (male) am American and she (female) is Spanish (from Spain).
Current status: I moved to New York in Aug 2014. I have a stable job and good income at a Fortune 50 company. She is living in Spain currently working for her father.
Timeline:
  • May 17, 2008 - Legally married in Spain (in courthouse with her parents present)
  • Aug 28, 2011 - Wedding celebration in Spain (ceremony in church and large reception with family and friends)
  • Oct 2008 to Aug 2012 - Lived together in Dubai
    • During this period we applied for and received an initial greencard (attached) because we were planning on moving to the US in Aug 2012
  • Aug 2012 to June 2013 - I lived in USA for graduate school and she stayed in Dubai
  • July 2013 to Dec 2013 - We lived together in Singapore, where I studied abroad
  • Jan 2014 to May 2014 - I finished my degree in USA and she stayed in Dubai. I visited Dubai twice and she visited USA once during this period.
  • Oct 2014 - Divorce finalized in Spain (attached)
  • March 2015 - She visits New York, we reconcile, I propose (for the second time) and she accepts :)
If I can provide any further details, please let me know. Thanks in advance for your assistance!

post-51892-0-01898000-1429995417_thumb.jpg

Edited by dunebuggy

Click to expand AOS Timeline / I-131 Reentry Permit Timeline

Spoiler

AOS Timeline [Married to USC Apr 14, 2016 on tourist visa

May 24, 2016: Sent package to Chicago Lockbox via USPS (I-130, I-485, I-765, I-131)

May 26, 2016: [Day 0] Package accepted

June 3, 2016: [Day 8] Checks cashed

June 5, 2016: [Day 10] Received four NOA1s via email and text msg

June 13, 2016: [Day 18] Received four NOA1s via snail mail

June 18, 2016: [Day 23] Received biometrics appointment letter by snail mail (scheduled June 27 in Manhattan)

June 20, 2016: [Day 25] Walk-in biometrics appointment successful (1 week early)

July 27 2016: [Day 62] USCIS online case status FINALLY working!

Aug 8, 2016: [Day 73] Pink RFIE for I485: 2015 tax return requested (W2 deemed insufficient; letter dated July 25)

Aug 12, 2016: [Day 77] Our RFIE docs received in Lee's Summit, MO

Aug 16, 2016: [Day 81] RFIE docs confirmed by USCIS

Sept 6, 2016: [Day 102] Online approval of Advance Parole (form I-131) and Employment Authorization (form I-765)

Sept 10, 2016: [Day 106] Combo AP/EAD card received  - but incorrect birth date . Called Tier 1 support, they will send a new card in 15-30 days

Oct 10, 2016: [Day 136] Received letter requesting return of erroneous card; somehow mailed to WRONG STREET ADDRESS which delayed delivery by a month grrrr. Sent erroneous card to Lees Summit via Priority Mail.

Nov 25, 2016: [Day 182] Received Combo AP/EAD card with correct birth date 

Feb 15, 2017: [Day 264] Received confirmation of NYC interview date (March 23)

Feb 28, 2017: [Day 278] Applied for Social Security card at office (brought AP/EAD card + foreign passport)

Mar 6, 2017: [Day 284] Received Social Security # in the mail

Mar 23, 2017: [Day 301] Interview at 26 Fed Plaza in NYC.... verbal OK from officer

Apr 27, 2017: [Day 335] Infopass appt at 26 Fed Plaza in NYC.... no useful information given 

June 30, 2017: [Day 399] Call to Tier 2, no useful info except they will file a request with the NYC field office

July 12, 2017: [Day 412] Applied for Ombudsman Case Assistance (Form DHS-7001) 

July 27, 2017: [Day 427] RFE letter for new i-693, required because previous passed 1 year expiration

Aug 19, 2017: [Day 440] Green Card received!

-------------------

I-131 Reentry Permit Timeline

Mar 6, 2018: [Day -2] Sent I-131 package to Dallas Lockbox via USPS Priority

Mar 8, 2018: [Day 0] Package received at Dallas Lockbox

Mar 12, 2018: [Day 4] Credit card charged application fee

Mar 13, 2018: [Day 5] Text received confirming receipt

Mar 23, 2018: [Day 15] ASC Appointment Notice for biometrics appointment on Apr 11

Apr 18, 2018: [Day 41] Missed Apr 11 appt (on vacation), walked in Manhattan office with no appt, completed biometrics no problem

 

 

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You remain unmarried, file for a K-1 and then marry in the US, or you get married and file for a CR-1 spousal visa.

Compare options here > http://www.visajourney.com/content/compare

~ Moved from K-1 Process to What Visa Do I Need - OP still deciding on immigration path~


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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~~One post removed, stick to answering the question or do not post.~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Many thanks all!

Are there any measures I could take to avoid suspicion? Is it a problem that she had a provisional green card before? There is no monkey business going on, but I am afraid USCIS may treat this application as suspicious.... any advice is appreciated! :)

Edited by dunebuggy

Click to expand AOS Timeline / I-131 Reentry Permit Timeline

Spoiler

AOS Timeline [Married to USC Apr 14, 2016 on tourist visa

May 24, 2016: Sent package to Chicago Lockbox via USPS (I-130, I-485, I-765, I-131)

May 26, 2016: [Day 0] Package accepted

June 3, 2016: [Day 8] Checks cashed

June 5, 2016: [Day 10] Received four NOA1s via email and text msg

June 13, 2016: [Day 18] Received four NOA1s via snail mail

June 18, 2016: [Day 23] Received biometrics appointment letter by snail mail (scheduled June 27 in Manhattan)

June 20, 2016: [Day 25] Walk-in biometrics appointment successful (1 week early)

July 27 2016: [Day 62] USCIS online case status FINALLY working!

Aug 8, 2016: [Day 73] Pink RFIE for I485: 2015 tax return requested (W2 deemed insufficient; letter dated July 25)

Aug 12, 2016: [Day 77] Our RFIE docs received in Lee's Summit, MO

Aug 16, 2016: [Day 81] RFIE docs confirmed by USCIS

Sept 6, 2016: [Day 102] Online approval of Advance Parole (form I-131) and Employment Authorization (form I-765)

Sept 10, 2016: [Day 106] Combo AP/EAD card received  - but incorrect birth date . Called Tier 1 support, they will send a new card in 15-30 days

Oct 10, 2016: [Day 136] Received letter requesting return of erroneous card; somehow mailed to WRONG STREET ADDRESS which delayed delivery by a month grrrr. Sent erroneous card to Lees Summit via Priority Mail.

Nov 25, 2016: [Day 182] Received Combo AP/EAD card with correct birth date 

Feb 15, 2017: [Day 264] Received confirmation of NYC interview date (March 23)

Feb 28, 2017: [Day 278] Applied for Social Security card at office (brought AP/EAD card + foreign passport)

Mar 6, 2017: [Day 284] Received Social Security # in the mail

Mar 23, 2017: [Day 301] Interview at 26 Fed Plaza in NYC.... verbal OK from officer

Apr 27, 2017: [Day 335] Infopass appt at 26 Fed Plaza in NYC.... no useful information given 

June 30, 2017: [Day 399] Call to Tier 2, no useful info except they will file a request with the NYC field office

July 12, 2017: [Day 412] Applied for Ombudsman Case Assistance (Form DHS-7001) 

July 27, 2017: [Day 427] RFE letter for new i-693, required because previous passed 1 year expiration

Aug 19, 2017: [Day 440] Green Card received!

-------------------

I-131 Reentry Permit Timeline

Mar 6, 2018: [Day -2] Sent I-131 package to Dallas Lockbox via USPS Priority

Mar 8, 2018: [Day 0] Package received at Dallas Lockbox

Mar 12, 2018: [Day 4] Credit card charged application fee

Mar 13, 2018: [Day 5] Text received confirming receipt

Mar 23, 2018: [Day 15] ASC Appointment Notice for biometrics appointment on Apr 11

Apr 18, 2018: [Day 41] Missed Apr 11 appt (on vacation), walked in Manhattan office with no appt, completed biometrics no problem

 

 

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