Need advise - very difficult case- Wife does not want to come to U.S.

[NeedInformation 0]

Hi VJ members, I am new to this forum and need your advise for my case. I married last year and I-130 (filed in April, 2012) was approved in Oct. 2012. This was my 2nd marriage. Interview for CR-1 visa was scheduled for my wife in January. But my wife no longer wants to come to U.S. and wants a divorce. First question is, how do I withdraw the application and cancel the interview?

Also, I had previously petitioned for a K-1 visa in 2009 for my first wife. I married her in the U.S. but we ended up with a divorce after one year. She had only received the conditional 2 year green card.

Will I be eligible to petition for another K1 visa, if I decide to marry someone again from India? How difficult will it be to get this K1 petition approved in the future?

Thanks for your advise.

[Shiobhan 235]

A 3rd K1 would be a redflag...human smuggling comes into question.....Cotact USCIS and withdraw the application and let them know U r divorcing....U have to take a long time B4 going back

to India and petitioning a new fiance.

[mkaurd 2]

Hi VJ members, I am new to this forum and need your advise for my case. I married last year and I-130 (filed in April, 2012) was approved in Oct. 2012. This was my 2nd marriage. Interview for CR-1 visa was scheduled for my wife in January. But my wife no longer wants to come to U.S. and wants a divorce. First question is, how do I withdraw the application and cancel the interview?

Also, I had previously petitioned for a K-1 visa in 2009 for my first wife. I married her in the U.S. but we ended up with a divorce after one year. She had only received the conditional 2 year green card.

Will I be eligible to petition for another K1 visa, if I decide to marry someone again from India? How difficult will it be to get this K1 petition approved in the future?

Thanks for your advise.

Did your 1st wife got green card after 2 years?

[NeedInformation 0]

She got the 2 year green card after she married me but we divorced before she could have gotten the 10 year green card.

[NeedInformation 0]

Hi VJ members, I am new to this forum and need your advise for my case. I had a very unfortunate past few years. Here is my story: I married last year and I-130 petition for my wife (filed in April, 2012) was approved in Oct. 2012. This was my 2nd marriage. Interview for CR-1 visa was scheduled for my wife in January. But my wife no longer wants to come to U.S. and wants a divorce. First question is, how do I withdraw the petition and cancel the interview?

Also, I had previously petitioned for a K-1 visa in 2009 for my first wife. I married her in the U.S. but we ended up with a divorce after one year. She had only received the conditional 2 year green card after marriage.

Will I be eligible to petition for another K1 visa, if I decide to marry someone again from India? How difficult will it be to get this K1 petition approved in the future?

Thanks for your advise.

[spn1025 38]

Maybe you should get to know the person better before you get married again. Your 2 marriages both ended pretty quick. What's the rush to find a new wife?

You'll probably have to file a waiver if you want to petition for another.

[Darnell 8,479]

call into NVC, ask for guidance and instruction.

Ultimately, you withdraw the I-864 and the beneficiary has no basis for the IV, but

NVC might issue consular tag to cancel the Immigrant Visa without predjudice (sp?)

[jaycali 415]

Regarding cancellation - I second Darnell's post.

Regarding a future visa for a potential future wife from India - Neither the USCIS nor the State Dept cares about your personal life or why your past relationships/marriages didn't work out. Keep in mind that USCIS adjudicators and DoS consular officers are not marriage counselors and their job is exclusively to establish whether a current, legitimate and petitionable relationship exists. In immigration law your marriage doesn't have to be happy, it doesn't have to be traditional, it has to be bona fide.

You could have had prior 27 divorces and legally, it would not matter to your current relationship. That is, your future spouse/fiancee cannot be denied a visa, nor can you be denied a petition based on your past marriages alone.

However.

In deciding whether a current, legitimate and petitionable relationship/marriage exists, any and all indications of possible fraud will be looked at and scrutinized. Fraud indicators are commonly referred to on this website as "red flags." Having previously petitioned for two women, whom both left you shortly after entry is a red flag. Why? Because while fully legal, it looks suspicious. The best thing you can do now is to follow Darnell's advice and cancel.

If you end up filing for a future Indian fiancee or wife, keep in mind that your case will not be denied based on your prior petitions/marriages alone, but you may have a higher threshold to prove that your then current one is legitimate, and not solely for immigration purposes.

Edited January 13, 2013 by Jay Jay

[Penguin_ie 5,997]

*** Two topics on the same issue merged. Please do not post more than once on an issue. If you have more information or follow-on questions, post them as a reply to the original topic ****

[jaycali 415]

She got the 2 year green card after she married me but we divorced before she could have gotten the 10 year green card.

1. Did she return to India before the 2 year green card expired?

2. Did she successfully remove conditions with a divorce waiver?

or,

3. Did she try to remove conditions but had her case denied?

This matters because in scenario 1 and 2, there is no assumption of fraud. In scenario 3 she was essentially accused of fraud.

[NeedInformation 0]

1. Did she return to India before the 2 year green card expired?

2. Did she successfully remove conditions with a divorce waiver?

or,

3. Did she try to remove conditions but had her case denied?

This matters because in scenario 1 and 2, there is no assumption of fraud. In scenario 3 she was essentially accused of fraud.

I far as I know, she did try to remove conditions, but her case was denied.

[Villanelle 4,122]

I far as I know, she did try to remove conditions, but her case was denied.

Well if thats the case-

then USCIS determined youre first marriage was not in good faith and while the fiance visa was issued, they determined the resulting marriage was to obtain immigration benefits. Thats a mark against you.

Currently, you filed for i130, but have not received any immigration benefits for it yet. You are seeking to cancel it before they are issued. And thats fine. You can choose to do so.

In the future if you file for a K1 or CR1 again, they will review your history. Like Jay-Jay explained, they dont care about your personal life, how many times your married or divorced. But according to their records, you had 1 marriage they deemed was for immigration benefits, and you attempted to file for potential immigration benefits 1 other time, prior to filing for this new 'fictitious future K1'. Since they were not able to examine your previous filing (the one you are currently pulling) you can expect them to examine your future filing with a fine tooth comb. It could appear that perhaps you pulled your second filing (the current one) because it was fraudulent as well and did not want to get caught, so you didnt give them the chance to examine it, when in reality its because of personal issues between you and your spouse.

[jaycali 415]

I far as I know, she did try to remove conditions, but her case was denied.

Agree with capri, this is a big potential problem.

If her ROC case was denied, that means the USCIS believed the marriage to be a sham, entered into solely for immigration purposes. There are a few possible scenarios here:

1. They believed she used you without your knowledge.

2. She simply didn't have any evidence to prove that the marriage was in good faith.

or

3. They believed you knowingly helped her, either for money or for personal reasons.

If 1, this may not be a big deal, but it will likely be scrutinized.

If 2, this will be scrutinized.

If 3, you have a big problem.

Edited January 20, 2013 by Jay Jay