New citizen from CR6 category sponsoring a foreinger

[kaukas 2]

Hi. I just read a thread here that got me really freaking out. Could you please help me sort this thing out?

I originally came to the States with F1, got married in college, went to grad school, got separated, and got divorced after 14 years.

My ex didn't want to grant me divorce for the longest time and I saw no immediate need for it. So our marriage seemingly lasted that long, but in reality, we were together for only 7 years.

We were not "officially" separated, but maintained two separate households for 7 years (I lived in the States, he lived mostly in Canada).

Now, I am trying to get naturalized so I can sponsor a foreigner. Worse yet, I started dating my fiance BEFORE my ex even initiated the divorce proceedings.

I'm Japanese by birth and my fiance is German. If it even matters, the first GC I ever received was the 10-year one (I waited 3 years after marriage before AOS).

I would like to know if there is anything I can do to prepare our K1 case later once I become a citizen successfully.

Am I in trouble?

Thank you in advance for whatever the input (neg or pos) you can offer.

[LBeachey 46]

I think you will need a well written Evolution of Relationship letter on your application.

Things to think about:

How long ago did the divorce become final?

How did you file taxes - married filing separately?

What other evidence do you have of the separation?

A 14 year marriage certainly would appear bonafide, even 7 years is no issue.

Is your fiance in Germany or here in the US?

Is there any immigration imperative for him to marry you?

Why don't you get married and file CR-1?

[kaukas 2]

Thanks for the quick response.

I think you will need a well written Evolution of Relationship letter on your application.

I wholeheartedly agree...sigh....

Things to think about:

How long ago did the divorce become final?

Divorce was finalized in Oct 2009; we've been dating since Nov 2008

How did you file taxes - married filing separately?

Since we never were legally separated, I was told to file married filing separately (for the entire 7 years). He has always attempted to file single apparently (I found this out this year in Jan).

What other evidence do you have of the separation?

Nothing much official; my current lease agreement (2008 to present) with me on it as a sole lessee (I don't think I have the papers from the previous ones); my vehicle title that was transferred to my name at the time of separation (previously joint), my bank accounts in two states, a power of attorney form which allowed him to withdraw the fund (complete withdrawal) from one of our former joint account for his home purchase. I might also be able to provide the transfer record of my mutual funds account to his name, but I am not sure about this one.

Is your fiance in Germany or here in the US?

He resides in Germany.

Is there any immigration imperative for him to marry you?

No. They have better social safety net than US if you know what I mean. Economy is back on track in Germany (the strongest in EU perhaps), and ours was on the verge of tanking till just this morning (meaning, 8/2/11). He also has a daughter he shares custody with his ex (not emigrating with him).

Why don't you get married and file CR-1?

Until today, it never even crossed my mind that we might have a difficult case. I can consider CR1, but I am not sure if I have enough to prove bona fide relationship for valid marriage right at this point.

Thanks again I will start building my case. Anything more to add is also greatly appreciated!

[LBeachey 46]

Thanks for the quick response.

I think you will need a well written Evolution of Relationship letter on your application.

I wholeheartedly agree...sigh....

Things to think about:

How long ago did the divorce become final?

Divorce was finalized in Oct 2009; we've been dating since Nov 2008

How did you file taxes - married filing separately?

Since we never were legally separated, I was told to file married filing separately (for the entire 7 years). He has always attempted to file single apparently (I found this out this year in Jan).

What other evidence do you have of the separation?

Nothing much official; my current lease agreement (2008 to present) with me on it as a sole lessee (I don't think I have the papers from the previous ones); my vehicle title that was transferred to my name at the time of separation (previously joint), my bank accounts in two states, a power of attorney form which allowed him to withdraw the fund (complete withdrawal) from one of our former joint account for his home purchase. I might also be able to provide the transfer record of my mutual funds account to his name, but I am not sure about this one.

Is your fiance in Germany or here in the US?

He resides in Germany.

Is there any immigration imperative for him to marry you?

No. They have better social safety net than US if you know what I mean. Economy is back on track in Germany (the strongest in EU perhaps), and ours was on the verge of tanking till just this morning (meaning, 8/2/11). He also has a daughter he shares custody with his ex (not emigrating with him).

Why don't you get married and file CR-1?

Until today, it never even crossed my mind that we might have a difficult case. I can consider CR1, but I am not sure if I have enough to prove bona fide relationship for valid marriage right at this point.

Thanks again I will start building my case. Anything more to add is also greatly appreciated!

I am not familiar with the German IV Unit so take this with a grain of salt but I don't see anything that is a huge red flag. For instance, married filing jointly might have been an issue. The divorce/dating overlap is not a big issue since you will have been divorced two years by the time you file. An EOR letter is still a good idea.

I would familiarize yourself with the advantages/disadvantages of CR-1 vs. K-1 just to determine what is right for you and your fiance. The CR-1 is cheaper and he can work immediately once he enters the US versus having to adjust status off the K-1. However, you might have good reasons to want to go the K-1 route.

[kaukas 2]

Thanks LBeachey. I think I can sleep soon tonight...

I actually considered CR1 before; option of him being able to leave the States (if he ever needs to for emergency purposes) without jeopardizing his immigration status before he gets his AP sounded really attractive. But then, I've read about many people with denied K1 and they fell back on CR1. I thought it might be better to keep every option open just in case, the least favorable option being DCF in our case. We are also not having a traditional wedding ceremony (we're both divorcee and older, and I have family members in neither Germany nor the States) to produce tons of mushy photos, which might be weak for CR1. But I will definitely keep an open mind.

I don't think I can let out a sigh of relief till we get his conditional GC in hand. I'm too paranoid for that. But your reassurance certainly made me feel better Thank you.

I will keep reading and learning so I can present the strongest case possible. Cheers!

[LBeachey 46]

This is where you need info from someone familiar with the Germany consulate. You have to understand what they look for for a K-1 or CR-1.

You don't necessarily need that much more evidence for a CR-1 than the K-1. The big difference is typically co-mingling of finances but that can be hard to do if he does not have a SSN and typically the consulate understands that. You don't necessarily need a SSN to make him a beneficiary on retirement accounts, insurance, etc. That might be enough.

[kaukas 2]

As for comingling of finaces, you are right. I looked into it before, and I found that he won't be eligible for full spousal benefits at work and joining my accounts. I don't own properties so that's even less evidence (not that I can add him even if I did own a home, for example).

I also tried to find out more about consulate-specific requirement for K1 and CR1, but I didn't really find much on that. My understanding is that they are pretty lax about (and quick for) visa issuance. My fiance said it should be simple (from German forums for K1 or CR1; I don't know which forums). I know that I can be present during his interview, so I will most likely go there for potential damage control.