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dunebuggy

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

By dunebuggy in What Visa Do I Need - Family Based Immigration

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dunebuggy Explorer

dunebuggy   18

Posted
Filed: Lift. Cond. (apr) Country: Spain
 Timeline
Posted (edited)
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 I-751 ROC Timeline

Spoiler

I-751 ROC application

May 13, 2019: Opening of 90 day window to send application

May 25, 2019: [Day 0] Sent I-751 package to Phoenix via USPS Priority

May 31, 2019: [Day 6] NOA1 received (18 mo extension) & check cashed

June 09, 2019: [Day 15]  Biometrics Waived Letter Received, service center "NBC", text reading "This notice informs you that USCIS is able to reuse your previously captured fingerprints and other biometrics. USCIS will run the same security checks and use your biometric data as in the past, however, it is not necessary for you to appear at a USCIS Application Support Center (ASC) for biometrics appointment."

Sept 13, 2019:  Notice that I-751 was transferred to another office "That office now has jurisdiction over your case" 

Apr 7, 2020:  Notice that I-751 was transferred to another office "That office now has jurisdiction over your case" 

Mar 5, 2021:  Interview scheduled for April 16, 2021.

Apr 16, 2021:  Interview in Portland, OR. Refused entry to USCIS office due to have traveled abroad in the past 10 days. No interview. However, a few hours after refusal, received notice of approval and card produced!  

Apr 20, 2021:  Card mailed! "On April 20, 2021, we mailed your new card for your Form I751, PETITION TO REMOVE CONDITIONS ON RESIDENCE"

 

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

Spoiler

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

Jun 29, 2018: [Day 112] Received I-327 Travel Document / Reentry Permit (REP)

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

 

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KayDeeCee Grand Master

KayDeeCee   4,891

Posted
Filed: Citizen (apr) Country: Mexico
 Timeline
Posted

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 > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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Ontarkie Grand Master

Ontarkie   13,883

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

~~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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dunebuggy Explorer

dunebuggy   18

Posted
Filed: Lift. Cond. (apr) Country: Spain
 Timeline
  • Author
Posted (edited)

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 I-751 ROC Timeline

Spoiler

I-751 ROC application

May 13, 2019: Opening of 90 day window to send application

May 25, 2019: [Day 0] Sent I-751 package to Phoenix via USPS Priority

May 31, 2019: [Day 6] NOA1 received (18 mo extension) & check cashed

June 09, 2019: [Day 15]  Biometrics Waived Letter Received, service center "NBC", text reading "This notice informs you that USCIS is able to reuse your previously captured fingerprints and other biometrics. USCIS will run the same security checks and use your biometric data as in the past, however, it is not necessary for you to appear at a USCIS Application Support Center (ASC) for biometrics appointment."

Sept 13, 2019:  Notice that I-751 was transferred to another office "That office now has jurisdiction over your case" 

Apr 7, 2020:  Notice that I-751 was transferred to another office "That office now has jurisdiction over your case" 

Mar 5, 2021:  Interview scheduled for April 16, 2021.

Apr 16, 2021:  Interview in Portland, OR. Refused entry to USCIS office due to have traveled abroad in the past 10 days. No interview. However, a few hours after refusal, received notice of approval and card produced!  

Apr 20, 2021:  Card mailed! "On April 20, 2021, we mailed your new card for your Form I751, PETITION TO REMOVE CONDITIONS ON RESIDENCE"

 

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

Spoiler

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

Jun 29, 2018: [Day 112] Received I-327 Travel Document / Reentry Permit (REP)

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

 

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