Prior marriage raising flag

[awayding 0]

Hello,

I got married to a US citizen in 1994 (was 24) and applied for a green card but left soon after breaking up with her and abandoned the case and returned home to France. She filed for divorced in 2000, I have obtained the divorce decree.

I am now 40 and married since last November to a US citizen and filed for a Green card but did not indicate that I filed during my first marriage (honestly thought I hadn't filed as I couldn't precisely remember what happened 16 years ago). If I had remembered that I did, I would have indicated it as I knew they would find out. It was a mistake on my part but an honest one.

Had my interview today and we were informed that we will be sent a Request for additional information. The good faith of current marriage can be strongly backed up by mingling of finance, 2 years of documented history of relationship, w2s... IO was rude and not helpful.

I am concerned that USCIS will require proof of bona fide marriage for the first marriage which will be very difficult for me to obtain other than testimonies as this was 16 years ago, we where young, stupid and living at friends house without lease or anything that can be used to demonstrate it was not a sham marriage. I never got a green card through that marriage but did initially file.

Thank you for any help

[william_wallace 8]

Hello,

I got married to a US citizen in 1994 (was 24) and applied for a green card but left soon after breaking up with her and abandoned the case and returned home to France. She filed for divorced in 2000, I have obtained the divorce decree.

I am now 40 and married since last November to a US citizen and filed for a Green card but did not indicate that I filed during my first marriage (honestly thought I hadn't filed as I couldn't precisely remember what happened 16 years ago). If I had remembered that I did, I would have indicated it as I knew they would find out. It was a mistake on my part but an honest one.

Had my interview today and we were informed that we will be sent a Request for additional information. The good faith of current marriage can be strongly backed up by mingling of finance, 2 years of documented history of relationship, w2s... IO was rude and not helpful.

I am concerned that USCIS will require proof of bona fide marriage for the first marriage which will be very difficult for me to obtain other than testimonies as this was 16 years ago, we where young, stupid and living at friends house without lease or anything that can be used to demonstrate it was not a sham marriage. I never got a green card through that marriage but did initially file.

Thank you for any help

I wouldn't worry too much. I was also previously married to a US Citizen and I just wrote the USCIS a letter explaining that my marriage lasted only 3 months as It was a big mistake on my part. As long as you sent them the divorce decree, that's all that really matters.

If it makes you feel better, send them a letter explaining and I would think that would be sufficient.

Good luck.

[awayding 0]

I would think so but I'm concerned that they they think that I tried to hide the fact by not indicating filing in my application.

I truly didn't remember going through the complete process and am still amazed I did. It was 16 years ago and my memories from that time are really a blur.

I'm hoping that the fact that I abandoned the case and never benefited from it will be taken into account.

I hope they just need to fill up some blanks and answer some questions before moving on, it felt that the officer was hardly interested in our current marriage.

[Myopia 93]

I would think so but I'm concerned that they they think that I tried to hide the fact by not indicating filing in my application.

I truly didn't remember going through the complete process and am still amazed I did. It was 16 years ago and my memories from that time are really a blur.

I'm hoping that the fact that I abandoned the case and never benefited from it will be taken into account.

I hope they just need to fill up some blanks and answer some questions before moving on, it felt that the officer was hardly interested in our current marriage.

The problem is on the forms you are asked about previous marriages and your forgetfulness could be seen as a misrepresentation.

I am assuming that both times you got married, you were here on the Visa Waiver Program. That means twice you entered the US, married a US citizen and then filed for a green card. The first time you abandoned the case, this time you didn't.

I think that this is a red flag because it may look as if you married your first wife for immigration purposes and your forgetfulness may look like concealment because you knew that it would look odd if you had the previous marriage on your forms.

How did the IO come to find out about your prior marriage? Did you tell her that you were married in the interview or did she inform you that she knew?

What evidence were you asked to send in? The evidence from the first marriage or second marriage?

PS. Seriously, how many people forget a marriage?

Edited April 21, 2011 by Myopia

[awayding 0]

The problem is on the forms you are asked about previous marriages and your forgetfulness could be seen as a misrepresentation.

I am assuming that both times you got married, you were here on the Visa Waiver Program. That means twice you entered the US, married a US citizen and then filed for a green card. The first time you abandoned the case, this time you didn't.

I think that this is a red flag because it may look as if you married your first wife for immigration purposes and your forgetfulness may look like concealment because you knew that it would look odd if you had the previous marriage on your forms.

How did the IO come to find out about your prior marriage? Did you tell her that you were married in the interview or did she inform you that she knew?

What evidence were you asked to send in? The evidence from the first marriage or second marriage?

PS. Seriously, how many people forget a marriage?

Thank you for your feedback

No, I didn't forget the marriage :-) I did indicate the marriage in my file and supplied all information about my ex-wife and included the divorce decree as well.

What i forgot about is wether or not I had actually filed for residency.

This was 16 years ago and I honestly thought long and hard about it trying to remember how much I did. I remembered going to the then INS office and asking for information and forms but I didn't remember anything that resembled the full process and paying the high fee. Also, my wife was young and without a serious job so I'm sure she wouldn't have qualified as a sponsor. Based on that, I assumed I didn't complete filing and as it turns out, I guessed wrong. Maybe the process was simpler then and the fee lower. We were young, stupid and unstable, moving around and staying with friends.

I even went to the local USCIS office to try to get an answer to that question but they were unwilling to disclose any information.

So I didn't conceal the marriage and I didn't seek residency after the initial filing.

[awayding 0]

What evidence were you asked to send in? The evidence from the first marriage or second marriage?

I haven't received the request yet, I'm trying to prepare ahead of time so I can reply as soon as I have it.

I suspect they'll will ask about the first marriage.

The good faith of second one is easy to prove, we have over 2 years of highly documented relationship, travel, financial records, insurance...

The second one would be very difficult considering it was 16 years ago and didn't last long.

[Myopia 93]

Ok sorry. I was confused. As I understand you did file for AOS based on marriage but left before the AOS was adjudicated?

Why are you worried about the interview? What did the IO say that made you feel that she was more concerned with the first marriage?

If you gave a timeline with entrys to the US (with the visa that you entered in) it may become clearer.

[awayding 0]

Ok sorry. I was confused. As I understand you did file for AOS based on marriage but left before the AOS was adjudicated?

Why are you worried about the interview? What did the IO say that made you feel that she was more concerned with the first marriage?

If you gave a timeline with entrys to the US (with the visa that you entered in) it may become clearer.

No problem, I'm a bit confused myself ;-)

I'm concerned because we had the interview and the whole time, the IO was rude and dismissive.

He hardly asked about our marriage apart from a few question, dismissed pictures, wedding bills, testimonies... but kept the financial and insurance stuff.

He then, started to focus on me and confronted me with a copy of my original filing from the first marriage after asking me about it and me telling him that my best guess as that I hadn't filed.

He asked me to recognize my handwriting which I did and explained that I said that I replied based on my best guess about something that was a long time ago, trying to explain the source of my mistake, trying to be as clear and articulate as possible.

The whole time the officer just gave us the same attitude which I understand the reason why but really wished we had gotten one with a different work method as It was very stressful to my wife.

In the end he said the divorce decree I had didn't have all the info he required and that he we were going to receive a request for additional info before basically dismissing us.

I called the clerk office in New Mexico where my ex-wife filed the divorce and they told me they divorce decree I had was the complete document and was certified and they din't have anything else.

I'll know more when we get the request and will be consulting with a lawyer next week but the waiting period is hard on both of us.

[awayding 0]

Ok sorry. I was confused. As I understand you did file for AOS based on marriage but left before the AOS was adjudicated?

If you gave a timeline with entrys to the US (with the visa that you entered in) it may become clearer.

Yes, I left before I even received anything from them, that's why I had very little to remember the filing by.

I really didn't go far in the process.

I'm racking my brain to try to reconstitute that timeline but it's very hard as I don't have the passports any more since we return them when they expire.

I believe I had a work authorization based on a student visa after graduating from college during the first marriage and I entered last time with a B2 visa that I had the last 10 years.

[VanessaTony 3,567]

Yes, I left before I even received anything from them, that's why I had very little to remember the filing by.

I really didn't go far in the process.

I'm racking my brain to try to reconstitute that timeline but it's very hard as I don't have the passports any more since we return them when they expire.

I believe I had a work authorization based on a student visa after graduating from college during the first marriage and I entered last time with a B2 visa that I had the last 10 years.

They couldn't care less about your last relationship because it's COMPLETELY irrelevant to your process now. What matters is that you were free to marry your current wife and your divorce decree from your previous relationship and you stated that the IO said there's something not quite right about it so just wait for the RFE. You also indicated he wanted relationship evidence, that would be for your CURRENT relationship. You aren't being judged on your previous relationship. It would be completely ridiculous to judge you on your past relationship when THIS is the one you're AOSing from. They CAN use your past against you... such as lying or not being divorced at the time of applying via a new wife but whether you're approved or not won't be because of your old relationship and because you divorced so soon after marrying or whatnot.

Stress less! They'll probably need more about the decree. Could be they want the reasons for divorce, or maybe he thought it was wrong. He could also want more evidence of co-mingling your relationship.

What visa did you come in on? If you came in on a K1 or K3 then you're posting in the correct place. If you entered via the VWP and are AOSing from that you should be posting and reading here: http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/

[awayding 0]

They couldn't care less about your last relationship because it's COMPLETELY irrelevant to your process now. What matters is that you were free to marry your current wife and your divorce decree from your previous relationship and you stated that the IO said there's something not quite right about it so just wait for the RFE. You also indicated he wanted relationship evidence, that would be for your CURRENT relationship. You aren't being judged on your previous relationship. It would be completely ridiculous to judge you on your past relationship when THIS is the one you're AOSing from. They CAN use your past against you... such as lying or not being divorced at the time of applying via a new wife but whether you're approved or not won't be because of your old relationship and because you divorced so soon after marrying or whatnot.

Stress less! They'll probably need more about the decree. Could be they want the reasons for divorce, or maybe he thought it was wrong. He could also want more evidence of co-mingling your relationship.

What visa did you come in on? If you came in on a K1 or K3 then you're posting in the correct place. If you entered via the VWP and are AOSing from that you should be posting and reading here: http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/

Thank you for the positive feedback, this is nice to read.

This forum is as much a source of info as it is therapy ;-)

I came in on a B2 visa and filed before it expired so I never overstayed my visa. Was this the right place to post?

I'll know more when I get the request but I am trying to be prepared ahead of time.

I was just worried about how much impact if they think that my first marriage was a sham and that I lied about the fact that filed for AOS then, although that was an honest mistake.

I have zero concerns about establishing bona fide marriage for the current marriage but feel that the first is somewaht a roadblock untl they have more info.

Thank you so much for taking the time to post

[VanessaTony 3,567]

Thank you for the positive feedback, this is nice to read.

This forum is as much a source of info as it is therapy ;-)

I came in on a B2 visa and filed before it expired so I never overstayed my visa. Was this the right place to post?

I'll know more when I get the request but I am trying to be prepared ahead of time.

I was just worried about how much impact if they think that my first marriage was a sham and that I lied about the fact that filed for AOS then, although that was an honest mistake.

I have zero concerns about establishing bona fide marriage for the current marriage but feel that the first is somewaht a roadblock untl they have more info.

Thank you so much for taking the time to post

Yep you should be posting in the forum I linked before but you'll still get answers.

You could have married an ELEPHANT for all the effect it will have on your current relationship (well except that's not legal but you get the idea I hope that your previous relationship means nothing). You MAY have married your ex as a sham marriage but they weren't given a chance to decide that from your previous AOS attempt so there's nothing they can do about it. You could have married your ex for an attempt to immigrate but you didn't go through with it so they can't judge you on it.

The first, like I said means nothing. Sounds like something's wrong with the decree or he THOUGHT there was. He might show his supervisor who tells him he's a moron and you might just get an RFE for more proof or relationship. Nothing you can really do until you get the RFE. You can always try and gather info now if you want (it might be good for ROC later).

Anyway stress less. They weren't given the chance to judge the last relationship and they can't now because you aren't applying based on that. They CAN use your "lie" against you though AND the signing part says "to the best of my knowledge everything is true and correct". Your argument there is it was 16 years ago and it's not like a prior immigration case can be hidden from IMMIGRATION so it's not like you did it on purpose.

[awayding 0]

He might show his supervisor who tells him he's a moron

I'd pay extra to see that ;-)

Anyway, thank you so much for all the info.

I just realized that the "family based visas" is the reason why I'm not in he right forum :-) I was focusing on "AOS from family"

I'll post (in the correct forum) when this is resolved and share the experience so I can give back a bit.

[newlyweds2010 208]

I agree with Vanessa&Tony, I don't think they will care at all about the bona fide of your previous marriage: you are not adjusting status based on that. What they will focus on will be on your current relationship.

[awayding 0]

Thought I'd keep you guys posted on how things are moving along so that anyone can use the experience or if anyone can offer additional advice.

RFE came in the mail 6 days after the interview and requests:

• original or certified copy of the Petition of Dissolution of Marriage for the divorce
  
• original or certified copy of the record of court proceedings (court transcripts) pertaining to the divorce
  
• further evidence of bona fide marital relationship i my current marriage
  

one of the page says "Please return this letter and all attachments with your response in person to [officer name] by May 13, 2011".

the other page says "Please come to the office below at the time and place indicated".

Wondering if that means I can bring it back before the due date, the first page says "by", but unlikely they accept unscheduled appointments.

This also means we have to go in person and not just mail it. Should we expect an interview?

Should be meeting with lawyer this week and hope to know more.

Thanks everyone for all the help provided so far, truly appreciate the time taken.