Another Idiot Divorcee

[queenie10 3]

I am going to leave the drama out and hope to get some advice on how to proceed. I plan on seeing a lawyer in a few days, but also wanted to get some opinions from the knowledgeable members. Here is our situation:

We received the NOA2 earlier this year and nothing more has been submitted (due to lacking documents and co-sponsor). He is out of the country and I am USC.

Married 2007

Divorced a few weeks ago

I finalized divorced a few weeks ago and realized that it was the worst decision I have made and now want to remarry and move forward with visa process. I did not divorce because of relationship problems, I divorced because I did not think we could get visa and it was time to let go. I have since gained a co-sponsor and we believe needed documents are forthcoming. So, where do we go from here?

If we marry again, will this marriage now be scrutinized because they think we are marrying for immigration benefit since it is during the CR1 process? Does submitting a DS-230 with divorce papers and new marriage certificate make us look like total idiots who don’t know what they want?

Regarding proof of relationship, after 2 years it doesn’t have to be proven, will they consider the time we were married or will they now or make us prove our relationship since it is legally a marriage of only a few months?

I know that lying on any immigration form is illegal, but would NVC really be able to tell that divorce was done?

[Ontarkie 13,952]

I'm sorry I can't help with your question, but I was wondering if your divorce was finalized. I know you said you divorced a few weeks ago, but I was wondering if you still have a cooling off period where you could still cancel the divorce. Anyways I'm sure someone will be able to give you some good advice. Good luck to you both.

[Aztec&Taino 144]

I am going to leave the drama out and hope to get some advice on how to proceed. I plan on seeing a lawyer in a few days, but also wanted to get some opinions from the knowledgeable members. Here is our situation:

We received the NOA2 earlier this year and nothing more has been submitted (due to lacking documents and co-sponsor). He is out of the country and I am USC.

Married 2007

Divorced a few weeks ago

I finalized divorced a few weeks ago and realized that it was the worst decision I have made and now want to remarry and move forward with visa process. I did not divorce because of relationship problems, I divorced because I did not think we could get visa and it was time to let go. I have since gained a co-sponsor and we believe needed documents are forthcoming. So, where do we go from here?

If we marry again, will this marriage now be scrutinized because they think we are marrying for immigration benefit since it is during the CR1 process? Does submitting a DS-230 with divorce papers and new marriage certificate make us look like total idiots who don’t know what they want?

Regarding proof of relationship, after 2 years it doesn’t have to be proven, will they consider the time we were married or will they now or make us prove our relationship since it is legally a marriage of only a few months?

I know that lying on any immigration form is illegal, but would NVC really be able to tell that divorce was done?

I would think that you would need to marry again and submit a new I-130 since it would be for a new marriage you would be applying for a visa... Therefore, you would have to begin the process, once again, but this time for a CR1 rather than a K3.

[queenie10 3]

The divorce is final. It is CR1. The K-3 was filed at the same time since there was no additional charge to married couples.

[Casprd 167]

Sounds like this is one of those cases where you need to consult with an immigration attorney.

[Deputy Purple 1,294]

The original I-130 Petition is based on the now terminated divorce so it is no longer valid. You need a new I-130 petition to support the Visa Application.

[queenie10 3]

The original I-130 Petition is based on the now terminated divorce so it is no longer valid. You need a new I-130 petition to support the Visa Application.

That makes sense. Can I puruse the current K-3 (Fiancee) Visa?

[dolphin1 5]

Sorry about your situation. If u decided to divorce him because of visa issue and not a relationship matter, that proves the relationship is not that strong which leads to failure marriages, sometimes. You dont want to live unhappy and him too. There are lots of topics in here about people who were not sure about the relationship and ended seeking divorce and ''kick'' the spouse they brought, out of this country., like they were toys or coming from hell. I dont think you will have a problem with immigration, as this is life people get divorced and re-marry again the same person they divroced.

[Deputy Purple 1,294]

That makes sense. Can I puruse the current K-3 (Fiancee) Visa?

K-3 is not Fiancee, it is spouse. If the I-129 indicates that you are married then again it is no longer valid.

[queenie10 3]

Thanks for your help.

[sachinky 464]

Don't even think about lying about the divorce and possible remarriage.

You'd have to file for a new I-130 based on the new marriage.

Expect some scrutiny, depending on the foreign spouse's country of origin. It could just be that your relationship could not withstand the pressure of separation or the process of immigration -- unfortunately, a CO could also see it as a scenario where the both of you got married solely for immigration benefit and when it seemed that the visa wasn't going to come through, you gave up and got divorced. Now you are trying again.

Get a lawyer and shore up on the bona-fide relationship evidence. Keep us posted!

[Sra Gomez 9]

That makes sense. Can I puruse the current K-3 (Fiancee) Visa?

I know you mentioned a fiance visa, which is the (K1)...not sure if that would be another possibility, since you are now engaged to be married again? Might be faster, as you don't have to travel-get married-travel back to the USA, and then file the i-130. Other posters are probably right, better check with a lawyer =) Best of luck

[coraliesolms 47]

I would think that if you are divorced, and intend to get remarried, then a K-1 would be the best route. Be prepared for extra scrutiny though, and definately be prepared to be honest and forthcoming with information on the previously married issue.

Hope you get it all sorted out.

[inloveVEN 46]

It seems that you have to start the whole process again, including marrying again. But I do agree with someone that previously posted that,this is a good case to be consulted to a lawyer

Edited December 9, 2010 by inloveVEN

[Minya's wife 24]

Your process was moving along just fine (in fact if your siggie timeline is correct, your processing was quite quick...from filing to approval in 3 months!) but somehow you thought you "couldn't get the visa and it was time to let go"? Why would you think that, if there weren't any relationship troubles?

Procedurally, there is really little you can do with your previously filed and approved I-130....and its derivative I-129. The minute your divorce was finalized, those petitions became nullified as well. As others have stated, you can re-marry and file the I-130 again, or choose to go the K-1 route with the I-120F. I don't think you can avoid the extra scrutiny if it were to occur in your case. You divorced and would be pursuing immigration again with the same beneficiary...which may be cause for extra interest for both USCIS and DOS. Take the route that works best for your individual situation at this time....and forget about the previous 'false start'.