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simanonymous

Naturalized Citizen and CR1?

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I am a naturalized US Citizen. I got my initial green card through marriage to a US citizen, I 751 through good faith marriage waiver and Citizenship based on 5 year residency requirement rule. I of course had to prove that the marriage was bonafide at I 485 stage even more so during I 751 good faith marriage waiver. Now I am planning to marry someone from my country who lives outside the US and I have become Citizen very recently. When I sponsor them for CR1 after getting married will USCIS look into my previous marriage and divorce too? Or is that history now? If USCIS will than should I expect to answer questions related to my previous marriage or worry about my status? Please suggest. Thank You.

P.S. I will update my experience shortly.

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Your story is similar to my old roommates and she ended up not being able to do as smoothly as before it as it was too many red flags.

The look at everything!

She applied for a k1 visa and got denied two times for lack of evidence. So she married him in his country and continued their relationship for over two years before she filed for a CR1/IR1 visa and paid for a lawyer to represent her case.

Even still then she was scrutinised at every opportunity and so was her husband at the interview.

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I am a naturalized US Citizen. I got my initial green card through marriage to a US citizen, I 751 through good faith marriage waiver and Citizenship based on 5 year residency requirement rule. I of course had to prove that the marriage was bonafide at I 485 stage even more so during I 751 good faith marriage waiver. Now I am planning to marry someone from my country who lives outside the US and I have become Citizen very recently. When I sponsor them for CR1 after getting married will USCIS look into my previous marriage and divorce too? Or is that history now? If USCIS will than should I expect to answer questions related to my previous marriage or worry about my status? Please suggest. Thank You.

P.S. I will update my experience shortly.

Nothing is ever "history" with USCIS.

You personally won't have any issues, but your future wife MAY have her application looked at more closely because of your history. So you don't need to worry about your status, but yes, you should expect questions about your marital history.


For a review of each step of my N-400 naturalization process, from application to oath ceremony, please click here.

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Even similar cases may have different outcomes.

Yes, it's true that they look at everything. In the process of all this, you'll need to send proof of past marriages/divorces.

Be ready to answer questions if/when the times comes. You'll never know what you/your spouse will be asked.

It's also about how you present your case. How you and your spouse met, letters, chats, gifts, money transfers, pictures, etc.

Make sure you have a solid relationship (case), with lots of proof that you really love each other, and that this is a genuine relationship.

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Is this somebody you knew before you came to the US?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Nobody can tell you chances as it is not a chance based system.

All cases are different and it depends on the indiviual case data which obviously the Consulate will have but we do not.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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So when you guys say they will scrutinize more. How do they scrutinize more? What do they look at? What are the chances of my spouse getting approved? And should I worry about losing my status? Thanks

As I said above, you won't lose your status. But since you've asled twice about this point: If you committed fraud to get your green card or citizenship, then yes you can lose your status. But you haven't said anything to make me think that is the case.

They can ask your spouse anything to determine that you are marrying her for reasons other than immigration benefits. They'll look more closely at your relationship with her and may also look at your last relationship and any past marriages she has had.

It's just a matter of suspicion. You married an American and got a green card, divorced her, became a citizen, and then applied for a green card for someone from your home country. That's similar to what a couple trying to commit immigration fraud would do so they'll just want to double check your case. If you had got married right after the divorce, the level of suspicion would be higher.

There's nothing wrong with a little extra scrutiny if you everything is legitimate.


For a review of each step of my N-400 naturalization process, from application to oath ceremony, please click here.

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It is so comforting to read Jimmy's thoughtful and well researched responses.

With that said, OP, while you typically have nothing much to worry about, USCIS views all immigrants with a bit if suspicion simply because of the value of the benefits they're seeking. If you add any wrinkles to your case, you should expect a level of scrutiny commensurate with the complexity of your case. And if there's ever any suspicion of fraud, well, buckle up coz it may be a turbulent ride.

Still, this is a nation of laws and USCIS does not operate outside of the law. You will be given every opportunity to explain any suspicious or ambiguous matters. And at the end, a tiny minority of cases are fraudulent or suspected of fraud.

Tell your story as it happened and you'll be fine.


Feel. The. Bern.

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No, it will not affect your status.

Make sure your spouse can answer all questions related to your own immigration process and the date of and reason for divorce from your USC ex,

names of her and kids (if any).


Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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