Marriage With Ex-Wife and Bringing Son to USA

[Tracy-->NY 40]

When I read it thought the same thing did he divorce to get to the interview date quicker in a different category. When was the petition filed?  when did they divorce?  And it only mentions his son, no stepson. 

Edited February 3, 2017 by Tracy-->NY

[Amie Huynh 2]

9 hours ago, Auds said:

If he has a step son.  I think its possible this was a genuine divorce.  His wife possibly married someone else had a child and is now single again...

 

No, my nephew is their son, he isnt his or her step son. They haven't got married after they divorced together, cause he wanna decrease the time when He can come to USA, so, they divorced. Actually, he still lives with her while waiting for time that he comes here

Edited February 4, 2017 by GraceandTiffany

[Boiler 43,622]

So they divorced and then was filed for?

[Amie Huynh 2]

1 hour ago, GraceandTiffany said:

still

 

9 hours ago, Tracy-->NY said:

When I read it thought the same thing did he divorce to get to the interview date quicker in a different category. When was the petition filed?  when did they divorce?  And it only mentions his son, no stepson. 

They divorced when he started his F11 case for nearly 10 years ago. And he is gonna prepare for begin the F2 visa for him and his ex-wife to bring her and son to here

[Auds 223]

Isnt that visa fraud?? 

[NikLR 13,220]

Probably not as long as he fulfilled the requirements the entire time.  Shady as heck, yes, but fraud, I kinda doubt it.  He would have had to be divorced the ENTIRE time, so divorced before the petition was filed until after he arrived and became an LPR. 

Edited February 4, 2017 by NikLR

[Unlockable 7,306]

I agree with NikLR. It is more shady than fraudulent. But it seems he did it under the proper requirements of the F2 category so good luck to him.

 

I will say this, though... if a bunch of unknown strangers on a discussion forum can pick up on it with the little information the OP shared, then it may likely be picked up on during his spousal visa. Best he be not surprised if questioned on it.

[jan22 2,907]

Just like getting married to gain an immigration benefit (i.e., a fake marriage)  can result in a finding of fraud and misrepresentation, so can a fake divorce.  If it can be shown that he continued to live a married life with his "ex", and the divorce was merely to gain immigration, it can be found that his own immigration was fraudulent.  Would be interesting, for example, to know when the son was born -- before or after the "divorce"?  This plan may not end well for them.

[NikLR 13,220]

10 hours ago, jan22 said:

Just like getting married to gain an immigration benefit (i.e., a fake marriage)  can result in a finding of fraud and misrepresentation, so can a fake divorce.  If it can be shown that he continued to live a married life with his "ex", and the divorce was merely to gain immigration, it can be found that his own immigration was fraudulent.  Would be interesting, for example, to know when the son was born -- before or after the "divorce"?  This plan may not end well for them.

While I agree, and that's what makes this shady, but extremely hard for the USCIS and DOS to prove they were not just living together as roommates.  I know of several married couples who lived together after divorce to cause less issues for children, finances, etc... Granted none of them got remarried either and none were trying to move to the USA.