Sending in the K-1 visa but is there a red flag?

[Xiaohou 0]

I was married to a Chinese woman and after doing all the paperwork for her Visa and then I brought her here to the US and after she received her 10 year green card she changed from day to night and I had no choice but to file for divorce which she really wanted anyway but didn't know how to do. I guess so it looks good in her friends eyes that I was the one at fault. Anyway, that's all past but now I've meet another.

We have been chatting online and webcam for almost more then 1 year now. I've been to China 2 different times. Sept 2013 for 3 weeks and then again in Feb this year for 2 weeks.

I want to file a K-1 for her but she worries that since my divorce was so short for the last, the officer that will give her the interview in GZ will deny it because they will only think I am marrying to bring someone over for another green card.

Had anyone every heard of other's or maybe yourself have had the question come up?

Thanks for any help and information.

[TBoneTX 43,250]

*** Thread moved from K-1 Process forum to the China regional subforum, for country-specific insights. ***

[baron555 934]

I want to file a K-1 for her but she worries that since my divorce was so short for the last, the officer that will give her the interview in GZ will deny it because they will only think I am marrying to bring someone over for another green card.

Possible

Had anyone every heard of other's or maybe yourself have had the question come up?

Sure, it happens. The Embassy COs are trained to weed these cases out. You need to establish concrete evidence that supports you two have a legitimate relationship.

Thanks for any help and information.

[Darnell 8,478]

it'll come up, you betcha, as it's one of the red flags.

short list:

1. prior chinese wife, from china, gone through immigration process to get to you.

2. divorce filing or granting date on or around the issuance date of the 10 year card.

so, IMO, you should practice writing up letters of attestation about these things.

IDEALLY submit them with the I-129F. Why?

If USCIS approves the petition based on what you submitted, then GUZ IV USUALLY will not overturn a USCIS decision that included these letters of attestation that covered your red flags. Usually.

Long List:

http://www.visajourney.com/forums/topic/234971-red-flag-list-for-visa-denial/?hl=appointment

but read all of that topic, not only the long list that I posted there.

Edited March 15, 2014 by Darnell

[Xiaohou 0]

I had to do a lot of digging on the dates. The mind tends to want to forget somethings

05/31/12 - filed for her 10 year green card

11/01/12 - I ended up moving out of the house, this is also when my friend Mei started communicating to me more to comfort me. She knew all the troubles I had.

01/03/13 - filed for divorce

06/10/13 - divorce was done

08/01/13 - went to China to visit Mei

There was only a 5 month span from when I had filed and when I moved out. I know it doesn't look good but on the plus side, I didn't visit Mei while I was still married but I don't think the VO would care about that.

I'm trying to piece together a letter that the last wife and I just had so many problems even from the start and I had even filed for a divorce once in 2010 but she begged and pleaded that she wanted to make it work out so I canceled it. But, it was all fake, it just got worse and worse and I was the one that tried harder and harder to make it work. I was the fool thinking that filing for her 10 GC would make her love me more, but I was just wrong and couldn't take it any more so that is why I moved out.

Do I explain this in the letter of how the last marriage desovled?

The more you know. The more I can get help from others.

I think in a way, I'm screwed. Maybe just marry in China and file CR1 or will we just have the same problems?

Thanks

[Darnell 8,478]

uh, what is the issued date on the 10 year card? or what date did it hit the address?

[Xiaohou 0]

I don't remember when she recieved the green card and I haven't spoken to her in more then a year and I don't want to ask.

Mei and I have talked a little and think rather then sending in the K1 now, I should come visit her again in July for a couple of weeks and then file the K1. Or maybe just marry in July and then file the CR1. If I do that, then there is more proof and "face time" since it will be my 3rd trip to see her.