Filing second i130 for second spouse

[Scottca 0]

Could somebody help me please. I am a US citizen (by birth).

In April of 2013, I married my first wife (Japanese national) after we had been dating and living together in the US for five years. I filed the i130 for her in July of 2013.

In August of 2013, I had to move away for a masters program. Soon after, I met and fell in love with the woman who is now my now second wife (a Thai national).

In March of 2014, my first wife received her greencard at the USCIS interview.

By October of 2014, I had finalized my divorce to my first wife.

In June 2015 I married my second wife.

We are now getting ready to jointly file the i130 and i485 so she will eventually become a citizen. (I should mention that we are both living in the US now, she entered on a J1 visa).

In summary, I filed the i130 for my first wife, and now need to file it again for my second wife.

My question. Is this going to look suspicious to USCIS? Will I need to prove that both marriages were bona fide and not fraudulent? Will they even care that I was married and filed an i130 for my first wife?

I have seen some information about this when the sponsor is a permanent resident but nothing about when the sponsor is a US citizen. It seems not many people have been in my situation. Any advice or information would be deeply appreciated.

[aaron2020 11,652]

Could somebody help me please. I am a US citizen (by birth).

In April of 2013, I married my first wife (Japanese national) after we had been dating and living together in the US for five years. I filed the i130 for her in July of 2013.

In August of 2013, I had to move away for a masters program. Soon after, I met and fell in love with the woman who is now my now second wife (a Thai national).

In March of 2014, my first wife received her greencard at the USCIS interview.

By October of 2014, I had finalized my divorce to my first wife.

In June 2015 I married my second wife.

We are now getting ready to jointly file the i130 and i485 so she will eventually become a citizen. (I should mention that we are both living in the US now, she entered on a J1 visa).

In summary, I filed the i130 for my first wife, and now need to file it again for my second wife.

My question. Is this going to look suspicious to USCIS? Yes. Will I need to prove that both marriages were bona fide and not fraudulent? Most likely. Will they even care that I was married and filed an i130 for my first wife? They will care because it looks like you married the first wife, got her a green card, and then immediately divorced. This is the classic marry for a green card scenario - immediate divorce after getting the green card. Then you immediately moved to getting another woman a green card. You know this looks bad. USCIS will care.

I have seen some information about this when the sponsor is a permanent resident but nothing about when the sponsor is a US citizen. It seems not many people have been in my situation. Any advice or information would be deeply appreciated.

[Anh map 2,098]

As aaron stated you will probably face some added scrutiny. This could happen at any stage in the process. For me it came up at the interview and I had to supply information from my ex such as where she lived, worked, etc. I had more years between first and second than you do. It may be wise to get things prepped.

[Scottca 0]

Aaron2020, thanks for your reply. That's what I was afraid of. Now my question becomes HOW can I prove that both marriages were legitimate and not fraudulent? I know I will need to provide the "bona fides"... Should I include evidence for the validity of both marriages when I initially send in the i130, or wait until/if USCIS requests more information? Or should I bring it to the interview? Are there any specific pieces of evidence that will prove both marriages were legitimate?

[Scottca 0]

As aaron stated you will probably face some added scrutiny. This could happen at any stage in the process. For me it came up at the interview and I had to supply information from my ex such as where she lived, worked, etc. I had more years between first and second than you do. It may be wise to get things prepped.

Anh map, so you were in a similar situation? Did they request physical evidence about your ex, or just ask questions at the interview? What things do you think I can do to prepare? Hopefully everything worked out for you? Thanks so much!

[Anh map 2,098]

They requested that I supply written information from my ex, not from me.

[FGr 12]

So will your ex wife have to go back to Japan? I guess she won't get her 10-year green card.

[aaron2020 11,652]

So will your ex wife have to go back to Japan? I guess she won't get her 10-year green card.

She can remove the conditions on her own to get a 10-year green card. She can stay here. She does not have to go back to Japan.

[Scottca 0]

Anh map, could you tell me what information specifically they requested? Did they want it sent directly from her? Or were you able to provide it? i.e. Things to prove that you were in a good faith marriage? Trying to prepare as much as possible but there is little to no information about this out there. Thanks again!

Edited September 11, 2015 by Scottca

[Brian and Talitha 2]

Should I be worried? I was married in 2009 but my husband left right after the ceremony for a job overseas and when he came back I was already in love with my son-to-be husband. My former husband did not apply for anything for me, and since we never consumated our marriage, we were granted an annulment in 2013. Still I need to fill in my forms that I was married before, right? Would it be a red flag that I was married before and we didnt apply for anything? I do not keep in touch with my formee husband, is it possible that they ask me to contact him?

[aaron2020 11,652]

Should I be worried? Yes in my opinion. I was married in 2009 but my husband left right after the ceremony for a job overseas and when he came back I was already in love with my son-to-be husband. My former husband did not apply for anything for me, and since we never consumated our marriage, we were granted an annulment in 2013. Still I need to fill in my forms that I was married before, right? Yes. You must list your prior marriage and that it ended in annulment. Would it be a red flag that I was married before and we didnt apply for anything? It's strange that a man who marries would leave for a job overseas without having a romantic time with his bride before shipping out. Most guys would take the bride out for some private time. In most fake marriages for a green card, the couples do not have sex. I do not keep in touch with my formee husband, is it possible that they ask me to contact him? Yes. Anh Map had to contact his ex to provide information. It could happen to you too.

[Hypnos 6,579]

Given your timeline, expect problems.

[Scottca 0]

When should I supply evidence that the first marriage was not fraudulent? Should I send it with my second wife's i130/i485, or wait until they request it?

[Brian and Talitha 2]

good to hear a different point of view. My soon-to-be husband says I should not be worried about it, and I tell him that they might go hardcore us because of my previous marriage. The lawyer we went to, said I shouldn't worry since we never filled any petition. I'm not very nervous about what the immigration might ask me since - that marriage was a mistake - we were both very lonely people and I held on a very strong belief that I needed to be married before having sex. I didn't have any previous relationship and I just want to settle, he proposed about a week before his contract started in a cruise ship company (Carnival), he lived with his parents about two hours away from me and had to spend a lot of money with gas and going out to eat while in town to see me. I lived with a family I used to work for, they had young children and said it was ok for T (my former hysband) to spend the night in the guest room whenever he was in town, but they didnt want to explain to the kids while I would have a man sleeping my room. So after our marriage, we decided we were going to move in together as soon as he got back from the cruise (three months later). A lot happened in between and when he came back we both realized we got married too fast - at that point I had no idea we could qualify for annulment...for the following years we only talked about saving money for a divorce - he was always travelling and it was hard to keep in touch with him. I finally saved enough money for a divorce in 2012 but when telling the family lawyer about the situation he said we could still qualify for annulment if I wanted that, since our state has no deadline for a marriage annulment. The biographic form has absolutely no field where I can state that the marriage was annuled, it just has the marriage date and the date and place where it ended... Should I just put in the same box the word annulment? I have to send a copy of decree, so either way I'm sending the info, just not sure where to fill it in the form.

I wonder if they would try to track him down for a interview. I will definately try to contact him and let him know that immigration might have questions at some point.

Thanks and good luck everyone ?

[Brian and Talitha 2]

When should I supply evidence that the first marriage was not fraudulent? Should I send it with my second wife's i130/i485, or wait until they request it?

Just my opinion since I am as lost as you about finding info, I think you dont have to send any proof of the first marriage being Bona Fide while applying - maybe you can take the proof to the interview with you so you have it in hands if they ask questions. You do have to send a proof of your divorce as part of the new process, but I think that's basically the only info to be send in this package.