Help Needed Divorced and Trying to get married!!!

[Jaguars1110 0]

First ever post here and I am some serious help, just trying to secure my family and future wife. Below is some background information and my questions. Also I am a US Citizen

Mid 2014 - Married to my then called wife. On student visa (I pay for immigration fees and try to get her greed card processed - so she can have a better status)

2 Months later - We get our interview data.

1 Month later - We go to the interview and get approved for the 2-year conditional GC.

1 week later - She leaves house, never to be seen again. Trying to find her in every way possible but the best I could get is not to bother her anymore.

1 month later - I am still not sure if she is doing this intentionally so I consult my doctor and send a initial divorce paper work - stating that what is mine is mine and whatever is her is her.

1 week later - still no reply

1 week later - I send her divorce paper work

2 weeks later - She send her paperwork.

Overall, from the initial marriage date to divorce date - it was 6 months. The final decree said that the 2 parties want to separate and no further assistance should be provided from me. They were after a ton of things.

Current Situation:

I am trying to get married to someone back home and wanted to know if my previous I-130 would somehow impact this filing.

I have read online that I would have to file an I-130 form which would ask if I have done this for someone else. I have done this for the first wife. Some people say that the old I-130 is automatically revoked as soon as the divorce is finalized. So for my current situation it wont matter. Is that correct? While I was going through my divorce, I have gone to the US immigration office and submitted a written affidavit explaining my situation. I have gotten no where with that. All I have done is submitted written affidavits over and over again.

1 - Am I clear of the previous I-130? Should I do something else to protect myself in the future?

I know just had one question but a whole lotta writing.

Thanks for the help in advance.

[Dario2012 51]

From what you describe, it sounds like your ex wife entered into the marriage for the sole purpose of acquiring a green card. Not sure how she will manage removal of conditions.

For you to file another 130, certainly the question on the first one will come up but unless USCIS has proof of fraud, you won't face more than tough questioning.

You sound very forgiving by not withdrawing your affidavit of support. It's what I would have done but I'm sure it stings nonetheless.

Good luck.

[newacct 688]

What happened happened, and there is nothing you can do about it now. There is nothing you need to submit and submitting anything won't change anything.

You can expect them to scrutinize the new marriage for the new I-130 because you petitioned a spouse not long before and it didn't work out, and now you are petitioning another one. Just make sure to have ample evidence of bona fide marriage and it shouldn't be a problem.

When it gets time to submit your Affidavit of Support (I-864), you will need to count an additional person in your household size for the person you did Affidavit of Support for before.

[Sandra G. 5,016]

You get ready because they will scrutinize your new relationship big time.It seems your relationship is new.I would wait at least 7/12 months to file for K1 or CR1 if you decide to get married there.

[Jaguars1110 0]

@Dario2012 - I didn't know better, otherwise I would have removed it. Can I do this now?

I do not mind being questioned about the new marriage. I would make sure to have ample evidence. Also, I am ready for the lie detector test if it goes as far as that concerning my previous marriage.

[Dario2012 51]

@Dario2012 - I didn't know better, otherwise I would have removed it. Can I do this now?

I do not mind being questioned about the new marriage. I would make sure to have ample evidence. Also, I am ready for the lie detector test if it goes as far as that concerning my previous marriage.

It's too late to revoke the affidavit of support unless you have proof of fraud. If so, you can submit that to USCIS but that's all you can do at this time.

Unfortunately, as was mentioned earlier, that affidavit of support survives even the divorce so you're still liable if your ex-wife becomes a public charge.

It's a delicate, but no uncommon, situation that requires a competent immigration attorney.

Good luck.

[AB loves AG 54]

It's a delicate, but no uncommon, situation that requires a competent immigration attorney.

Good luck.

What will an attorney do in OP's case? Nothing except take his money.

[NikLR 13,220]

You must mention the previous I-130 of course. You also must count your ex on your I-864 and/or i-134. Your household count will be 3.

Your new relationship will likely be scrutinized more. Especially if the relationship is short. Provide good evidence.

[Dario2012 51]

What will an attorney do in OP's case? Nothing except take his money.

Help him navigate the second I-130 which is not likely to be as smooth or as quick as the first one.

[madtownguy 164]

@Dario2012 - I didn't know better, otherwise I would have removed it. Can I do this now?

I do not mind being questioned about the new marriage. I would make sure to have ample evidence. Also, I am ready for the lie detector test if it goes as far as that concerning my previous marriage.

Devils advocate, they will scrutinize the person you are marrying also. They may not see you as the problem but your choice of a significant other and being duped. Not saying it couldn't be avoided. There's a chance you will have no problems at all though.

[IcezMan_IcezLady 582]

Devils advocate, they will scrutinize the person you are marrying also. They may not see you as the problem but your choice of a significant other and being duped. Not saying it couldn't be avoided. There's a chance you will have no problems at all though.

I concur with madtwonguy on this one. Your partner is the one who is going to get scrutinized more. Get her prepared also, while you prepare your evidence because the interview will be her interview not yours.

Sorry for what you are going through.. Good luck!

[Ebunoluwa 6,136]

The time span between your divorce and new relationship is very short and therefore a red flag.
Slow down and do not file until the end of this year or next.
Quick marriage and divorce and then petitioning someone else shortly after is considered a fraud indicator.

You are setting yourself up for a long visa journey and possibly the visa will be refused and case returned to USCIS.

You don't need a lawyer.....you need time on your side and to slow down !

[WandY 430]

In this matter, the old law adage applies: A person representing himself has a fool for an attorney.

Contrary to the armchair lawyers populating this site, you probably need legal help. My law school experience did not include a "Taking The Money And Run" class; in fact, most immigration lawyers I know believe in their clients. Without a lawyer, their is ample reason to believe that you will face strict scrutiny - and maybe even an insinuation of fraud. An honest lawyer (yes, I know this is an oxymoron) will give listen to your cause without charging a fee. You can win this, but remember the legal adage above. Good luck!

Edited January 15, 2016 by WandY

[Ebunoluwa 6,136]

In this matter, the old law adage applies: A person representing himself has a fool for an attorney.

Contrary to the armchair lawyers populating this site, you probably need legal help. My law school experience did not include a "Taking The Money And Run" class; in fact, most immigration lawyers I know believe in their clients. Without a lawyer, their is ample reason to believe that you will face strict scrutiny - and maybe even an insinuation of fraud. An honest lawyer (yes, I know this is an oxymoron) will give listen to your cause without charging a fee. You can win this, but remember the legal adage above. Good luck!

If I had a penny for every post where a lawyer screwed up and delayed a case ! My friend was deported because his lawyer messed up and that

was $4000 pissed in the wind and was a simple case.

There is nothing a lawyer can do to avoid the applicant being scrutinized IF he follows the general consensus to wait and prepare well.

I fired my own (picked out of a list of 40 recommended on an immi forum ) after it became evident he didn't understand front loading for our embassy, an overwhelming number do not.

Unless there are serious issues such as overstays, criminal record, domestic violence, etc.....none needed IF doing a little research.

[aaa2zzz 27]

One of the points about immigration lawyers is that the money is in the employer based visas such as the H1-B. They have lesser experience in family based immigration.

I once referred a client to one of the most famous and well reputed immigration lawyers in Los Angeles to handle something. Completely screwed it up.

Lawyers are like any other profession or trade. About 20-30% are really good at what they do. Of the remainder, half are adequate and half are barely adequate or incompetent.

Those who say that the main issue is proving second marriage is bona fide are correct. A good lawyer can help just to be there and add gravitas, and keep you from stabbing yourself in the back.

Don't be in a hurry here