red flag advice

[kindle 2]

I am seeking this information for my brother who is getting ready to file a k1 visa .

He was married when he came to USA with toursit visa leaving his wife behind in Nigeria 2006. He divorced and married a USC shortly and got naturalized. Now he is divorced with the USC and trying to file a k1 for another lady. I told him this would pose a red flag for him but I want opinion from others.

Do you guys think he stand a chance with k1 route.

[bigdog 376]

Lots of baggage, but it would not deter me from filing, their might (a guarantee) of additional questions.

[amykathleen2005 441]

I would consider this a major red flag.

[NikLR 13,220]

Honestly it makes it look like he simply married to get US Citizenship when you say it so bluntly like that. I'm sure he didn't, but still. So I agree, it's a red flag. Even if he's marries his new fiancee first and they go the CR1 route, I would tell him to front load the heck out of either petition showing they have a genuine relationship.

[Ryan H 3,790]

Moved from IR-1/CR-1 Process & Procedures to K1 Process & Procedures.

[Penguin_ie 5,984]

Yes, huge red flag, especially considering the timeline- as he came to the USA in 2006 and didn't even know his US wife then, it sounds like he got divorced from first ex pretty quickly once he moved here (immigrating on a tourist visa is illegal), then married a USC, and divorced the USC asap after he got citizenship. And now he already has a fiance again.

There is always a chance but it will be an uphill battle for him, especially if his fiance is also from a high fraud country like Nigeria.

[Rebecca Jo 1,962]

If the Service had a problem with his first entry in 2006, he wouldn't be a citizen now.

File away.

[Penguin_ie 5,984]

If the Service had a problem with his first entry in 2006, he wouldn't be a citizen now.

File away.

What I am saying is that his current actions may put his past ones in a different light.

[dwheels76 5,459]

I am seeking this information for my brother who is getting ready to file a k1 visa .

He was married when he came to USA with toursit visa leaving his wife behind in Nigeria 2006. He divorced and married a USC shortly and got naturalized. Now he is divorced with the USC and trying to file a k1 for another lady. I told him this would pose a red flag for him but I want opinion from others.

Do you guys think he stand a chance with k1 route.

It's all about the timeline but yes BIG red flag. You have to understand how this will look at USCIS if it even gets approved there. Not that this is the case for your brother, but step back and look at this like immigration will.

The typical "married for immigration" scam/sham marriages reasons is the scenario:

1. Married to someone back home
2. Find a USC, divorce person back home. Marry USC
3. Hang around until all is clear (usually the citizenship so you can than)
4. petition for the one you really want

Now you throw Nigeria in the mix its uphill when you are trying the first time. Your brother got lucky petitioning on a tourist Visa and then AOS in the US. He better have the best front-loaded petition and show he just didn't meet this girl. And I also I hope this isn't the wife he divorced in the first place. That's also something done.

[kindle 2]

Thanks guys for your responses, no its not the first wife, I will advice him accordingly. he was in a rush to get into another relationship after divorce from the USC. He won't listen to me when he travelled to nigeria a day after his divorce with USC wife just to get into another relationship

[san diego 407]

I used lawyer to file K1. When I my lawyer (very well known and respected) met me the first time (I am naturalized citizen) she asked me immediately several questions that are major red flags:

starting with MOST major:

1) Did you come o this country through marriage? (most major).

2) Are you related?

3) What is the age difference?

Those are 3 largest red flags judging from what she mentioned. Figure it yourself.

[Shiobhan 235]

Is he marrying the the ex from Nigeria, or a new woman? its a red flag but doable, if he has solid proofs of relationship & can lay red-flags to resf with CO at interview.

[Dana and Divine 61]

I'd say as tough as Nigeria is with K-1 Visa's...I would definitely NOT file K-1. If he wants to remarry and petition, he'd have a better chance with that route.

If he is denied on K-1, and he has to go through a review, his original petition will expire before his fiancee can go back for a second interview. It's risky...even when RED Flags such as this are not involved.