Prior CR-1 Marriage

[Natanloupan 11]

My first wife came over on a tourist visa in 1999 . She never left and overstayed for about 9 years when I met her . My wife had a social security card and a drivers license from NC . From what I knew she originally lived in NC and moved to NJ . I did not think anything of it at the time since I did not have the knowledge I have now about immigration .

I met her and we were married in 2009 . We filed an I-130 and were approved . We had our interview together in Newark , NJ . We were approved in about 3 minutes and went on our way . There were no home visits and everything after was approved . I filed 2 I-130's for her 2 children and they were approved and came over in 2010 .

In 2012 I caught my wife cheating on me and filed for a divorce . Which was granted in February 2013 . During that divorce she wanted to wait until about December 2012 to finally file it in the courts . I came to find out that she became a citizen in December . I also believe that the social security card may have been under another name . She always said she let someone use it to work in Dunkin Donuts and claimed it was hers . She worked off the books as a nanny .

With the little knowledge I now have on how immigration works this first marriage seems like fraud now . I thought if you overstay that you occur a ban from the United States . How could we have filed an I-130 and never once does the overstay become an issue ? Her sister had a husband who came over across Canada under a false name . When her sister filed an I-130 for him USCIS found out and he was sent back to the Philippines quicker then you could say Philippines ! He was given a 10 year ban by the way .

How could we have been married and USCIS not find out my now ex wife overstayed on her tourist visa ? I have been thinking about this for sometime . I do not wish to contact USCIS have anyone deported . Her kids are really nice and I am happy I was able to bring them here to have a better life . Its about the only thing out of that marriage that was good .

[aleful 1,905]

hi

Of course they knew, overstay is forgiven when married to a USC and have entered legally into the country

the difference of the other case is that he came in with a different name, misrepresenting himself and lying to an immigration officer, incurring in a lifetime ban with a 10 year ban at least

she won't be deported, she was given a GC and now she is a USC

overstay is forgiven for spouses of USC, parents and minor children of a USC

[Natanloupan 11]

hi

Of course they knew, overstay is forgiven when married to a USC and have entered legally into the country

the difference of the other case is that he came in with a different name, misrepresenting himself and lying to an immigration officer, incurring in a lifetime ban with a 10 year ban at least

she won't be deported, she was given a GC and now she is a USC

overstay is forgiven for spouses of USC, parents and minor children of a USC

Ok I understand now . I was just a little worried about my current I-130 . Good to know thanks for the help .

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to General Immigration-Related Discussion.

[nightingalejules 678]

Yeah, the overstay won't hurt you. But just having had another cr1 marriage may raise some red flags. Make sure that you have plenty of proof that your relationship is real in your application. you'll probably be subject to extra scrutiny.

[Natanloupan 11]

Yeah, the overstay won't hurt you. But just having had another cr1 marriage may raise some red flags. Make sure that you have plenty of proof that your relationship is real in your application. you'll probably be subject to extra scrutiny.

Thanks for the advice . I figured it would raise some questions . I have prepared some possible questions for my wife . She knows everything about my first marriage . I front loaded our petition very well .