AOS through marriage - Need answers please -

[greeneyes86 0]

Hey everyone. I am new to this site and have a few questions. I am a german citizen and came to Florida on the WVP to visit my bofriend. Well, long story short - he proposed, so we decided to get married in July. We have all the proof in the world, that this marriage is or will be bonafide. My fiance and I been knowing each other for 5 years ( when we first dated ) and even after the relationship ended the first time, we always stayed very close friends. I was married before to a Us Military Member but never applied for a Greencard through him. I've been separated from my Ex-husband for 2 years now. My divorce will be finalized by the end of may. Is it gonna raise any red flags that I've been married to a US Citizen before when I apply for the AOS ? I am reaaalllyyy nervous about all this !

[seth2013 39]

It shouldn't, especially since you never applied for a green card. Congratulations on your upcoming marriage

[Harpa Timsah 13,258]

You are currently not divorced?

[ceadsearc 515]

The fact that you are engaged before your divorce is finalized and will be married two months after will raise red flags. Both being USCs may or may not further the issue.

[DandT14 272]

I've seen a USCIS form that recommends a case for further review, and has a list of reasons to check off. One of them is divorce date and new marriage date being close together.

My divoce was final less than a month before I got married. I have spent A LOT of time searching this forum for anyone who was given a hard time about their divorce date at an interview. I can't find anything.

I'd love it if anyone here could find a thread or anything referencing an interview where the divorce date was an issue. Whenever we have our interview, I certainly promise to come back and let people know if the divorce date caused a problem.

[ceadsearc 515]

I was. I am the USC and my divorce was finalized three months before I got married. We had been separated a year and a half at that time - which was clearly stated in the decree - but my state has a year waiting period. The IO asked me lots of questions about my ex, my relationship with my ex, if I had cheated on him with my husband, where was my ex now, what was he doing, what did he think of my new relationship, what did my ex think of my husband, why did my ex and I break up, why didn't we try harder to make it work ... The IO even asked if it was possible my ex had fathered my child and asked me about my dates of conception and my period.

Now, I had nothing to hide and I answered everything factually, pointing out the required waiting period for divorce in my state and so on, and we were approved with no problem. But it was definitely a big factor - I would say 1/3 of our interview was about my ex! - and I am the USC so I had no benefits to gain.

[DandT14 272]

Wow, thank you for sharing that.

What do you think he was looking for? Was he trying to figure out if you were all good friends and the divorce was a sham?

I've been separated from my ex since 2006, I did my own divorce paperwork and took a long time to get everything filed (plus the court kicked it back a couple times.) My current husband and I were so happy when it FINALLY got finalized, we literally ran off and got married. My ex doesn't even know I'm remarried, because it's none of his business. I wonder how that's going to be seen in our interview? Is that good or bad?

[ceadsearc 515]

I'm honestly not sure what she was looking for. I think part of it was she was just thorough - everyone she had in her office, she interviewed about 45 minutes.

Beyond that, I think she was just trying to figure out:

1) If I was marrying people to provide green cards (I guess? I don't know, my ex was from the same country as my husband but I never filed any paperwork for him, and she never asked about his status).

2) If it was possible my daughter was actually my ex's, as I guess she would no longer count as "good" evidence if that were the case.

Honestly, that's just speculation. But, she did listen to all my answers and seemed fine with them and we were approved a few days later. So I would imagine that if you can exPlain things then you will be fine if you are indeed asked. Once I pointed out how long we had been separated and how it took awhile in our state for a divorce, as well as explaining I had gotten pregnant well after the separation and explaining the dates to her etc etc she seemed appeased.

[AF-Wife 181]

The fact that you are engaged before your divorce is finalized and will be married two months after will raise red flags. Both being USCs may or may not further the issue.

my husband got divorced 4 months before we got married and that question never came up at the interview. I would not worry about it, especially since you never tried to get any status here in the US before. and cheating (getting involved with somebody before the dirvoce was finalized) on somebody isn't a rulebreaker for USCIS. just make sure to have the divorce degree ready for your AOS. CONGRATULATIONS. PS: I am from Germany too and went through that whole progress. feel free to message me and I'll help you with whatever I can.

Edited May 16, 2012 by AF-Wife

[Teddy B 17,251]

My divorce was final in October, my wife's divorce was final in November, we were married in December. I am USC, she is Canadian. This was never an issue or even mentioned in our interview, the divorce decrees were looked over during the interview, but no questions were asked. We did the ldr for a year and a half while we were separated from our ex's. She received her GC in March.

[greeneyes86 0]

my husband got divorced 4 months before we got married and that question never came up at the interview. I would not worry about it, especially since you never tried to get any status here in the US before. and cheating (getting involved with somebody before the dirvoce was finalized) on somebody isn't a rulebreaker for USCIS. just make sure to have the divorce degree ready for your AOS. CONGRATULATIONS. PS: I am from Germany too and went through that whole progress. feel free to message me and I'll help you with whatever I can.

Thank you so much I will definitely have some more questions as soon as we put in the paperwork so it would be great if you could give me your e-mail address =D

[greeneyes86 0]

It shouldn't, especially since you never applied for a green card. Congratulations on your upcoming marriage

Thank you =D

You are currently not divorced?

No, my divorce will be finalized in a little less than 2 weeks but we've been separated for 2 years now.

[ceadsearc 515]

She may not be asked, it's true. But remarriage right after a divorce IS a red flag so she should be prepared that she may be scrutinized depending on the IO she gets. It doesn't matter that she never received immigration benefits because an IO might look at it as husband-shopping for someone to provide a GC if the first one wouldn't. I am not suggesting that is what happened or that every IO will think that but it's a possibility you should be prepared for.

[SOflaherty 40]

My divorce was final in October, my wife's divorce was final in November, we were married in December. I am USC, she is Canadian. This was never an issue or even mentioned in our interview, the divorce decrees were looked over during the interview, but no questions were asked. We did the ldr for a year and a half while we were separated from our ex's. She received her GC in March.

This sounds a lot like my own situation, only we were married 6 months after the divorces were final. Glad to hear someone had a good outcome

[grrrrreat 109]

Thank you =D

No, my divorce will be finalized in a little less than 2 weeks but we've been separated for 2 years now.

The facts that there was a two-year separation and that you never applied for a GC through your former spouse both work in your favor. If the divorce decree states the separation date, that would be very good. Otherwise, I'd consider submitting the legal separation IN ADDITION to the divorce decree. Two weeks between divorce and remarriage look suspicious but the two-year separation is much less suspicious.