Divorce after citizenship

[Jane14344 1]

I met my US husband 3 years ago, he decided to petition me 4 months after we met. I know it was fast but it was his decision to petition me right away. Of couse I loved him and I thought its him that I want to spend my life with. We were happy together until I decided to bring my children here in US. My children was under k2 visa and right now they are still in conditional green card. After I brought my children here, everything changed, my children would always ask about their dad. Though he loves my children too but it was so hard for me coz the kids are very close to their dad. It also made me realized how important the family that we had with my childrens dad. Anyways to make the story short, i will be applying for citizenship this january and plan to divorce my husband . And then maybe petition my kids dad . I know its going to be complicated or immigration will sctrutinized it but i have all evidence that my first merriage was real and not a sham. Is it better to petition my childrens dad thru spousal visa or k1 visa? How long should i should wait after citizenship before filing the petition?

Thank you in advance

[Hypnos 6,576]

Expect problems, because on the surface it looks like you married an American in order to evade immigration law and facilitate your children's father's entrance into the US.

Does your current husband know you are planning to divorce him? In order to naturalise under the three year rule you must be living together with your US citizen spouse in a true marital union.

Edited September 12, 2014 by Hypnos

[AnnaMaria 68]

Well, like Hypnos said, you're going to encounter some incredible challenges if you attempt to do this.

1st - Unless you plan on moving back to the Philippines and marrying your ex, you can't apply for a spousal visa because guess what, you are married right now to a U.S. Citizen. So for the spousal visa, you have to LEGALLY marry your ex again, either in the Philippines or here if he can get a visa, but again, if he goes through a Fiance visa, you have the interview where they'll see you were divorced and all the red flags will start popping up.

2nd - At your adjustment of status interview, if your husband doesn't know about this and you LIE to gain citizenship to go through with this, you're going to be hit with fraud. You need to talk to your husband about this, because if at your interview someone sees two completely different people, one happy and the other miserable, they are going to do some hardcore interrogating.

3rd - I know this website is about visa advice, but i'd like to think the people who ask for help have good morals. Reading your post, it seems like he loves your kids and you didn't mention any marital problems with the U.S. citizen himself, just that you want your ex back. I'm assuming at this point you have not told your husband, otherwise you wouldn't have stated that you wanted to divorce him after you got your citizenship. Think about the hurt and pain you may cause this person and the time and emotion he put into helping you come with him here and bringing your children, and loving them as you said. Again, this isn't a judgement, I just hope you considered how this is going to affect another human being who seems to love you and your children as his own.

You really need to consider the situation you're facing. If you want to go through with this, you need to be honest to your U.S. husband so that if you do proceed with the citizenship procedures, everyone is on the same page with what is going on. To be honest, it does sound like you tried to evade immigration as Hypnos said, therefore i'm not sure how much constructive advice you may get as people do not want to assist someone in fraudulent activity.

But, good luck to you, and I hope the best for your U.S husband, no one deserves this.

[Ian H. 207]

I'm sorry, but this all sounds too convenient. You came here by marrying a USC, you want to divorce after getting your GC, remarry your first husband and then petition for him to come here, it sounds much like immigration fraud.

It doesn't matter that the marriage to your first husband was legit. They will look at why you married him the second time. Even if you genuinely got back together, you will still be heavily scrutinized.

Now, I'm not accusing you of fraud, but that is what it sounds like and that is what USCIS and the CO will see. I don't know you and I don't know your situation, but here is what would happen:

If you do decide to divorce your current husband because you want to marry your ex, you will have to prove with a very great deal of evidence, facts, and I don't know what else, that:

One: You didn't divorce your ex to marry a USC. (Sham divorces are also a very big deal for USCIS)

Two: That you didn't marry your current husband for immigration purposes.

Three: That you didn't marry your ex again for immigration purposes.

There are people that are married, divorce, marry other people, divorce, then marry their ex's. But when immigration is involved, the suspicion of fraud is going to be very very high.

If your plan is to get married for the purposes of bringing your children's dad and not because you genuinely want to get back with him, then don't, just don't. Let one of them petition for him when they are 21 and is a USC.

If you and your current husband aren't working out, then that is another story and something that the two of you would have to deal with.

[poolbruce 22]

I wonder if a sham is in process?

[NoeNoe 2]

Wow... yea like what AnnaMaia and Ian H. said... take their advice into consideration.

Wow... yea like what AnnaMaia and Ian H. said... take their advice into consideration.

[Thomas&Cleofe 358]

Wow....I don't mean to judge you or your situation, but the way you painted your picture makes it sound as if you had this planned out from the beginning.

Also, what are you going to state to the judge for reason for divorce???

The only reason you give for wanting a divorce is to marry your ex.....

[NikLR 13,220]

~~moved to effects of major changes from what visa do I need~~

[Thomas&Cleofe 358]

I'm sorry, but this all sounds too convenient. You came here by marrying a USC, you want to divorce after getting your GC, remarry your first husband and then petition for him to come here, it sounds much like immigration fraud.

It doesn't matter that the marriage to your first husband was legit. They will look at why you married him the second time. Even if you genuinely got back together, you will still be heavily scrutinized.

Now, I'm not accusing you of fraud, but that is what it sounds like and that is what USCIS and the CO will see. I don't know you and I don't know your situation, but here is what would happen:

If you do decide to divorce your current husband because you want to marry your ex, you will have to prove with a very great deal of evidence, facts, and I don't know what else, that:

One: You didn't divorce your ex to marry a USC. (Sham divorces are also a very big deal for USCIS)

Two: That you didn't marry your current husband for immigration purposes.

Three: That you didn't marry your ex again for immigration purposes.

There are people that are married, divorce, marry other people, divorce, then marry their ex's. But when immigration is involved, the suspicion of fraud is going to be very very high.

If your plan is to get married for the purposes of bringing your children's dad and not because you genuinely want to get back with him, then don't, just don't. Let one of them petition for him when they are 21 and is a USC.

If you and your current husband aren't working out, then that is another story and something that the two of you would have to deal with.

She was never married to the father of her children.......a Filipino citizen is not legally allowed to divorce their spouse. Hence the fact that she needs to gain her US citizenship, because her current status does not allow her to divorce her husband.

[belinda63 2,981]

You need to consider all the consequences to all the persons involved. Your children miss their dad which is normal but they will also miss their new father. How will you explain to them the separation from the real dad, the integration with a new dad, and then the loss of the new dad? And how will your now husband feel when you file for divorce right after you receive citizenship. Of course he will feel like you used him, especially when he finds out you are going to marry your ex boyfriend. And what about the year or more to get your ex to the US? Will you uproot the children again and move to the Philippines while you wait for the visa process to finish? Will you act as a single mom supporting your children while you wait for the process to bring your ex? And what about your feelings? You say it is a real marriage to your now husband so how will it affect you to divorce someone you say you love to marry someone you didn't love, I guess this since you never married him and married someone else. While your concern for your children's feelings are real you need to look at the long-term picture and everyone who is involved.

What will happen if immigration denies the dad's visa? What will you and the children do then? Or even worse what if they decide you committed visa fraud and strip you and the children of your citizenship/green cards and deport you?

I am in no way advocating you remain married to your spouse if you do not love him. I am just suggesting you look at everything.

Now to the immigration issue. There is a very likely chance they will not grant your ex a visa, either K-1 or CR-1, due to the circumstances as have already been pointed out. You having two children with him, married a USC, divorced the USC right after you gained citizenship, petitioned your ex....it all smells of immigration fraud.

[Harpa Timsah 13,258]

Getting citizenship based on the 3-year rule while planning to get divorced afterward is by definition, immigration fraud.

[aaron2020 11,651]

Not accusing you of anything.

Your situation fits a common fraud scenario. Scammer marries US citizen to get to America, then gets green card/US citizenship, then divorce as quickly as possible, and then petition true love from back home.

Hope you can understand why people might think you plan this all along when your fact pattern lines up exactly with this common fraud scenario.

[NigeriaorBust 4,087]

Actually you have a longer wait than you planned. You can't file an I130 if you immigrated based of a 1 or spousal I130 in the last 5 years. Once you hit 5 years they will look closely at your contact with this ex during your supposed bone fide marroage to your USC husband and uncover any hidden relationship that invalidates your original immigration.

[Ian H. 207]

I only mentioned her ex because she said her first marriage to the father wasn't a sham, so I assumed she was married.

She was never married to the father of her children.......a Filipino citizen is not legally allowed to divorce their spouse. Hence the fact that she needs to gain her US citizenship, because her current status does not allow her to divorce her husband.

I didn't know Filipino's couldn't get a divorce, and here I thought the US had it bad. NY only added no fault divorce the other day so to speak.

[Dave&Roza 748]

My question is can she get married in the PI to the father of her children after getting a divorce in the US? Doesn't the PI require an annulment of any marriage no matter where it took place, or is she in the clear if she came to the US and got married and then files for divorce and as long as it was not reported to the PI it is like the marriage never took place?

You have to wait 5 years to file for the father of your children. Get divorced now. File for USC in another 2 years based on the 5 year rule and when the time limit on the K-1 or spousal visa is up, go to the PI and get married to the father of your children and file for a spousal visa. Just hope that your current husband does not decide that he really loves these kids and wants to adopt them. Then that adds a custody battle into the whole divorce proceedings.

Dave