How to overcome my Red flags in CR-1 spouse visa

[ebu&nas 1]

Hello Vj Family, Pls i want to know how i can overcome my red flags before going thru cr-1 with my wife. This are my red flags, i applied for a visit visa in april and may 2012 and i was denied two times, cos i have no strong ties. then my status was married cos my divorce case was still in court with my ex wife. finally i got my divorce papers in july 2012. in dec 2012, i got engaged to my fiance who i have been in a relationship since 2011. then we finally got married last month. shes is almost 10 years older. shes has not been married before and she have no child. currently she is carry our baby. she have made two visit to see me and my mum. so please i would like a constructive answers from experienced vjs , cos i cant stand to stay away from my family. she is USC by origin. i know i will get good advice on this wonderful forum, I am about to start the process but i dont want to make any mistake.

[aamirpearl 47]

Hello Vj Family, Pls i want to know how i can overcome my red flags before going thru cr-1 with my wife. This are my red flags, i applied for a visit visa in april and may 2012 and i was denied two times, cos i have no strong ties. then my status was married cos my divorce case was still in court with my ex wife. finally i got my divorce papers in july 2012. in dec 2012, i got engaged to my fiance who i have been in a relationship since 2011. then we finally got married last month. shes is almost 10 years older. shes has not been married before and she have no child. currently she is carry our baby. she have made two visit to see me and my mum. so please i would like a constructive answers from experienced vjs , cos i cant stand to stay away from my family. she is USC by origin. i know i will get good advice on this wonderful forum, I am about to start the process but i dont want to make any mistake.

I dont see any red flags in your relation. you can start your journey anytime you want. here's guidlines for Cr-1 http://www.visajourney.com/content/i130guide1 Good luck

[dwheels76 5,463]

Hello Vj Family, Pls i want to know how i can overcome my red flags before going thru cr-1 with my wife. This are my red flags, i applied for a visit visa in april and may 2012 and i was denied two times, cos i have no strong ties. then my status was married cos my divorce case was still in court with my ex wife. finally i got my divorce papers in july 2012. in dec 2012, i got engaged to my fiance who i have been in a relationship since 2011. then we finally got married last month. shes is almost 10 years older. shes has not been married before and she have no child. currently she is carry our baby. she have made two visit to see me and my mum. so please i would like a constructive answers from experienced vjs , cos i cant stand to stay away from my family. she is USC by origin. i know i will get good advice on this wonderful forum, I am about to start the process but i dont want to make any mistake.

the overlapping dates is your issue to explain. Just be ready for extra scrutiny at interview on why you were in a marriage and starting a relationship almost a year before you divorced.

The age difference is a non-issue. Also i am sure on your visitor Visa applications you said you were married because well you were yet you already had a fiance' in the US. That doesn't look good at all. Using your marriage as ties to go see a new love. Looks bad.

So were you legally separated when you meet your fiance'?

How did you meet your fiance'? Online?

[ebu&nas 1]

Thanks dwheels76, for you quick respond. Here are the answers to your questions. i met my wife on fb, we begain as friends. then i was having issues with my ex wife things where not moving fine in our marriage, until june 2011 when she filed for a divorce and which was granted in july 2012. b4 then we where no longer living together cos i was living out side Nigeria and shes in Nigeria. We were separaeted, but my staus was still married cos i have not been offically divorced then cos our divorce case was still in court.

[aamirpearl 47]

CO can ask you anthing at interview like why you divorced your ex-wife. did you cheat on her as you stated that you met your USC spouse in 2011and that time you were already married in relationship with your ex-wife.as you jst said Divorce case was in court so it means your wife wasnt ready to divorce but you wanted to give her cuz you got another girl to continue your life with her or for someother reasons or whtever the reason was.. Well if you talk abt the LAW you didnt do anything ilegal that prevent you to be apprroved. So this is not the red flag,Just be hoenst to CO nd explain everything to him, there wont be a any problem

[ebu&nas 1]

@@mirpeArL Thanks for ur replies, regarding to your question. the reason for our divorce is cos she was not being honest to me and she was being unfaithful,and also as me. actually the love and understanding was not there anymore. so thats why we decided to move on our own different ways. me and my wife now have been very good friends since 2011. when i started having issues with my ex wife.

[godlove 29]

The only concerned red flag I see is that you met your current wife while still married to your Ex-wife, it might seem as infidelity. Just be honest to the CO if they bring it up, tell them you and your ex-wife was legally separated while talking to your current wife and please put a timeline. Goodluck

[ebu&nas 1]

godlove Thanks for your responds, i will update my timeline.

[Ryan H 3,796]

Moved from Progress Reports to Process & Procedures.

[dwheels76 5,463]

Thanks dwheels76, for you quick respond. Here are the answers to your questions. i met my wife on fb, we begain as friends. then i was having issues with my ex wife things where not moving fine in our marriage, until june 2011 when she filed for a divorce and which was granted in july 2012. b4 then we where no longer living together cos i was living out side Nigeria and shes in Nigeria. We were separaeted, but my staus was still married cos i have not been offically divorced then cos our divorce case was still in court.

Personally in my evidence submitted I would write up a relationship timeline and plug in those dates you just mentioned when wife filed, when you separated when you meet new wife, decided to have relationship, the visits, when you filed for your visas. This will help pull out all those mountain of pages the facts.

Here is an example of a timeline.

RELATIONSHIP TIMELINE

Minnie Mouse– Petitioner Mickey Mouse - Beneficiary

• May, 2008 – Meet (put in names here) on the telephone via an introduction by my close friend, Goofy,
• August, 2008 – Started e-mailing, chatting on Yahoo Messenger and talking on the telephone.
• November, 2008 – Relationship progressing to a serious level. Made trip #1 to Osaka, Japan. Met his family and friends.
• January, 2009 – Mickey proposed marriage over the phone. I accepted. We are officially engaged!
• February, 2009 – I file an I-129F fiancé petition for Mickey in the U.S. on a K1 Visa. I have kids from my first marriage and we thought it would be considerate to have them meet Mickey prior to marriage and be present at their mother’s wedding, therefore, petitioning for the K1 and not the K3 or CR-1.
• February, 2009 – Trip #2 to Osaka, Japan. Our engagement party!
• May 2009 – I-129F petition approved by the USCIS.
• July 2009 – Mickey’s interview at the U.S. Consulate in Osaka, Japan. Request made by CO for more photos and e-mails.
• August, 2009 – 2^nd interview at the U.S. Consulate in Osaka, Japan. Present many more e-mails phone records and photos documenting our relationship. Mickey’s visa application placed in Administrative Processing status.
• September, 2009 – Trip #3 to Osaka, Japan. Sweet reunion.
• November, 2009 – Request assistance from my Congresswoman – Carolyn McCarthy - to make inquiries on my behalf to the U.S. Consulate in Osaka, Japan regarding Mickey’s lengthy AP.
• December, 2009 – Case remains under Administrative Processing status.
• January, 2010 – I make a request of the U.S. Consulate in Osaka, Japan to meet with the investigator handling our case in hopes of expediting the lengthy AP period. Request granted.
• February 8, 2010 – Fraud investigators from the U.S. Consulate in Osaka, Japan pay a visit to Mickey’s parents house. His parents confirm that our relationship is genuine and that they support it.
• February 16, 2010 – Trip #4 to Osaka, Japan. Meet with fraud investigators at U.S. Consulate in Osaka, Japan. We are both interviewed separately and asked many questions pertaining to the details of our relationship. We believe all went well.
• March 2, 2010 – Mickey called to return to the U.S. Consulate in Osaka, Japan on March 23^rd (after almost 8 months of Administrative Processing).
• March 23, 2010 – Mickey’s visa application is denied. Reason for denial: Investigator did not believe I was committed to marrying Mickey within 90 days of his arrival in the States on the K1 visa. Why? Because at the Feb. 16^th interview with the investigator, I stated that I filed a fiancé petition instead of a marriage petition so that my kids could meet him first before we get married and be in attendance at our wedding. Investigator interpreted my words to mean that I needed to “understudy” my fiancé and that I wasn’t sure about marrying my fiancé.
• April, 2010 – Attempt to overturn denial while case still at the Consulate: Letter sent from my attorney – Marc Ellis – to the U.S. Consulate in Osaka, Japan along with affidavits from friends and family attesting to the fact that my intention was always to marry Mickey as soon as he arrived here on the K1. Attorney letter and affidavits never acknowledged by Consulate.
• April/May, 2010 – Plan our wedding.
• May 29, 2010 – Trip #5 to Osaka, Japan.
• June 1, 2010 - Get married!!!!!
• June, 2010 – Upon my return to the U.S., file an I-130 petition for my husband to come join me in the U.S. on a CR-1 visa.

I, Minnie Mouse, declare under penalty of perjury that the above facts and the above timeline between my husband and me are true and correct.

_____________________________

Minnie Mouse

ADDRESS

CITY, STATE ZIP

Executed on this _______ day of _______, 2010

[anitar 1]

Hello Vj Family, Pls i want to know how i can overcome my red flags before going thru cr-1 with my wife. This are my red flags, i applied for a visit visa in april and may 2012 and i was denied two times, cos i have no strong ties. then my status was married cos my divorce case was still in court with my ex wife. finally i got my divorce papers in july 2012. in dec 2012, i got engaged to my fiance who i have been in a relationship since 2011. then we finally got married last month. shes is almost 10 years older. shes has not been married before and she have no child. currently she is carry our baby. she have made two visit to see me and my mum. so please i would like a constructive answers from experienced vjs , cos i cant stand to stay away from my family. she is USC by origin. i know i will get good advice on this wonderful forum, I am about to start the process but i dont want to make any mistake.

My husband was denied a American visit visa before, but he still got approved for his CR1. Just take your divorce papers to the interview, and explain the situation if u get asked about it. You can not change the age, so don't worry about it. If your relationship is real, show all the proof u can during the interview, and file all the papers honestly. You will be fine, Good Luck!

[Shirley& Dan2 9]

just curious also, becuase my husband he got married from his ex wife 2005 then he is legally separated may 2008 but the problem is he dont have the papers that he is legally separated . he got his divorce decree november 2012 ..we met each other august 2012 then he come back here october then december then we got married january 2013 then come back july 2013...wondering if its can cause of denial or issue..thank you very much..

[Ebunoluwa 6,136]

Personally in my evidence submitted I would write up a relationship timeline and plug in those dates you just mentioned when wife filed, when you separated when you meet new wife, decided to have relationship, the visits, when you filed for your visas. This will help pull out all those mountain of pages the facts.

Here is an example of a timeline.

RELATIONSHIP TIMELINE

Minnie Mouse– Petitioner Mickey Mouse - Beneficiary

• May, 2008 – Meet (put in names here) on the telephone via an introduction by my close friend, Goofy,
• August, 2008 – Started e-mailing, chatting on Yahoo Messenger and talking on the telephone.
• November, 2008 – Relationship progressing to a serious level. Made trip #1 to Osaka, Japan. Met his family and friends.
• January, 2009 – Mickey proposed marriage over the phone. I accepted. We are officially engaged!
• February, 2009 – I file an I-129F fiancé petition for Mickey in the U.S. on a K1 Visa. I have kids from my first marriage and we thought it would be considerate to have them meet Mickey prior to marriage and be present at their mother’s wedding, therefore, petitioning for the K1 and not the K3 or CR-1.
• February, 2009 – Trip #2 to Osaka, Japan. Our engagement party!
• May 2009 – I-129F petition approved by the USCIS.
• July 2009 – Mickey’s interview at the U.S. Consulate in Osaka, Japan. Request made by CO for more photos and e-mails.
• August, 2009 – 2^nd interview at the U.S. Consulate in Osaka, Japan. Present many more e-mails phone records and photos documenting our relationship. Mickey’s visa application placed in Administrative Processing status.
• September, 2009 – Trip #3 to Osaka, Japan. Sweet reunion.
• November, 2009 – Request assistance from my Congresswoman – Carolyn McCarthy - to make inquiries on my behalf to the U.S. Consulate in Osaka, Japan regarding Mickey’s lengthy AP.
• December, 2009 – Case remains under Administrative Processing status.
• January, 2010 – I make a request of the U.S. Consulate in Osaka, Japan to meet with the investigator handling our case in hopes of expediting the lengthy AP period. Request granted.
• February 8, 2010 – Fraud investigators from the U.S. Consulate in Osaka, Japan pay a visit to Mickey’s parents house. His parents confirm that our relationship is genuine and that they support it.
• February 16, 2010 – Trip #4 to Osaka, Japan. Meet with fraud investigators at U.S. Consulate in Osaka, Japan. We are both interviewed separately and asked many questions pertaining to the details of our relationship. We believe all went well.
• March 2, 2010 – Mickey called to return to the U.S. Consulate in Osaka, Japan on March 23^rd (after almost 8 months of Administrative Processing).
• March 23, 2010 – Mickey’s visa application is denied. Reason for denial: Investigator did not believe I was committed to marrying Mickey within 90 days of his arrival in the States on the K1 visa. Why? Because at the Feb. 16^th interview with the investigator, I stated that I filed a fiancé petition instead of a marriage petition so that my kids could meet him first before we get married and be in attendance at our wedding. Investigator interpreted my words to mean that I needed to “understudy” my fiancé and that I wasn’t sure about marrying my fiancé.
• April, 2010 – Attempt to overturn denial while case still at the Consulate: Letter sent from my attorney – Marc Ellis – to the U.S. Consulate in Osaka, Japan along with affidavits from friends and family attesting to the fact that my intention was always to marry Mickey as soon as he arrived here on the K1. Attorney letter and affidavits never acknowledged by Consulate.
• April/May, 2010 – Plan our wedding.
• May 29, 2010 – Trip #5 to Osaka, Japan.
• June 1, 2010 - Get married!!!!!
• June, 2010 – Upon my return to the U.S., file an I-130 petition for my husband to come join me in the U.S. on a CR-1 visa.

I, Minnie Mouse, declare under penalty of perjury that the above facts and the above timeline between my husband and me are true and correct.

_____________________________

Minnie Mouse

ADDRESS

CITY, STATE ZIP

Executed on this _______ day of _______, 2010

I agree with this poster.

Make it clear and precise so the CO does not get confused.

Both of you should make a time line like this.

If you claim you were 'legally separated' then you need to back it up with evidence.

The relationship changes are overlapping and quite fresh and that is what you have to address to not appear as a cheater.

Some divorce their wife, hook up with a USC, then dump her and bring over the "ex" as a well hatched plan.

Be ready for that potential assumption.

Whatever you say be truthful because if you go into AP a home investigation will bring everything to light.

I would not put it past them to locate your ex and ask her a few questions.

We were on AP and he had to give several names and addresses of his friends to the CO.

The 10 year age difference is not an issue in this case.

[Jawaree 717]

Its not about being denied visitors visa in the past

its about those over-lapping dates and quickie marriage

just be prepared to explain it all truthfully. The age is no

biggie,i but I know a pregnant beneficiary who was reschedule

for interview until after birth for DNA test to be done

[Shirley& Dan2 9]

I agree with this poster.

Make it clear and precise so the CO does not get confused.

Both of you should make a time line like this.

If you claim you were 'legally separated' then you need to back it up with evidence.

The relationship changes are overlapping and quite fresh and that is what you have to address to not appear as a cheater.

Some divorce their wife, hook up with a USC, then dump her and bring over the "ex" as a well hatched plan.

Be ready for that potential assumption.

Whatever you say be truthful because if you go into AP a home investigation will bring everything to light.

I would not put it past them to locate your ex and ask her a few questions.

We were on AP and he had to give several names and addresses of his friends to the CO.

The 10 year age difference is not an issue in this case.

hi did you send this timeline together with the I 130 petition?thanks