Provment of previous marriage

[Nada11 0]

Guys, 

 

good evening ! 

We have some kind of confusing situation. 

First of all, my visa got denied at march 8, 2016, when I was coming back to USA from Peru, to grab my luggage and came back to my home country , but at the boarder after 4 hr, they put 212(a)7, because one my " friend " who took care of luggage told them that I was working , btw I was not , I juts helped him for free some advices ( have no idea why he told like that). But it passed. 

 

Then i I got marry with my husband 24 of October 2017, his previous marriege was cancelled 14 of August 2017, 

 

throgh that marridge he goy his green card. 

 

My questuins is : 

lawers told us to put some provement of previous marriedge( do we need to do that ? ), 

 

second one , i got 212(a)7, will it effect my wife visa & do I need waiver( on forum people talking like no, but juts wanna make sure), 

 

and on i-130a I guess there is one question " have you ever been under immigration process", 

sould I put yes ? Or no? 

Because there is deportation, removal.. etc

but I had valuntire departure 

 

thanks a lot 

[JFH 12,189]

It's a very confusing post but I think I understood some of it.

 

Performing services in return for free things is still work. So if you help him repair his car or you babysit his children and in return he gives you somewhere to live, something to eat, etc this is still work and is not permitted as a tourist. 

 

Your husband obtained a green green card through marriage so he has to wait 5 years as an LPR before he can petition for you or he must become a USC before he can petition for you. How long has he been a geeen card holder? You may face a lot of scrutiny if his marriage was very short because you married very quickly after his divorce. 

 

Yes, you need to demonstrate that all your (both of you) previous marriages ended lawfully through death of the spouse or a divorce. 

 

The rest of the post is confusing as you make reference to both "my wife" and "my husband". Please clarify who is the intending immigrant. 

 

 

[Nada11 0]

Now I do understand that , but he did give me nothing except free coffee sometimes , I could not even imagine that he could thinhk that I was " working" for him. But ok. My main quistuon is do I need waiver if I don't have ban, if they put 212(a)7? 

My husband had previouse marridge for 3 years, now he has 10 years green card. Their divorce was officially in the court , so except divorcing papers we don't need to put something extra , his ex-wife common pics together or some provement ? 

And is valanture departure is removal, deportation or is it not under immigration process ? 

 

Thanks a lot 

[JFH 12,189]

But when did your husband become a green card holder? The rest of your questions are irrelevant right now if he cannot petition for you for some years. 

[Nada11 0]

He became a green card holder November 20,2016

[NigeriaorBust 4,087]

This is your problem    Under who may NOT file an I130 . Your spouse came here and got immediately divorced and immediately married you.  If he files before 5 years they are going to take a close look at his intentions when coming and may take away his green card. 

 

 

5. A spouse, if you gained lawful permanent resident status through a prior marriage to a U.S. citizen or lawful

permanent resident, unless:

A. You are now a naturalized U.S. citizen;

B. You have been a lawful permanent resident for at least five years;

C. You can establish by clear and convincing evidence that you did not enter the prior marriage (through which you

gained your lawful permanent resident status) in order to evade any U.S. immigration law; or

D. Your prior marriage through which you gained your immigrant status was terminated by the death of your former

spouse;

[Nada11 0]

40 minutes ago, NigeriaorBust said:

This is your problem    Under who may NOT file an I130 . Your spouse came here and got immediately divorced and immediately married you.  If he files before 5 years they are going to take a close look at his intentions when coming and may take away his green card. 

 

 

5. A spouse, if you gained lawful permanent resident status through a prior marriage to a U.S. citizen or lawful

permanent resident, unless:

A. You are now a naturalized U.S. citizen;

B. You have been a lawful permanent resident for at least five years;

C. You can establish by clear and convincing evidence that you did not enter the prior marriage (through which you

gained your lawful permanent resident status) in order to evade any U.S. immigration law; or

D. Your prior marriage through which you gained your immigrant status was terminated by the death of your former

spouse;

Yeap, we did read that part of uscis , but they mention : Unleas you can establish by clear and convincing evidence that you did not enter the prior marridge . That was my question in the beginning , is that mean that with petition my husband suppose to put his provement of real marriage with his es- wife, or should we sent petition and waiting more questions  from immigration? 

Thanks 

[NigeriaorBust 4,087]

   That is why they have a 5 year wait,  Fraudsters are known to dump their original sponsors on arrival to petition someone else.  You case has the classic earmarks of that happening ,  He gets a green can and with in a year he has divorced and remarried.  What do you have to prove that isn't what happened  ?

[N-o-l-a 7,167]

5 hours ago, Nada11 said:

Yeap, we did read that part of uscis , but they mention : Unleas you can establish by clear and convincing evidence that you did not enter the prior marridge . That was my question in the beginning , is that mean that with petition my husband suppose to put his provement of real marriage with his es- wife, or should we sent petition and waiting more questions  from immigration? 

Thanks 

 

This is something you should be asking your lawyer, if they are advising you to go down this path.

[JFH 12,189]

Sounds like the "green card shuffle" to me.

 

I wonder how long the OP has known her husband? 

 

Your husband can petition for you, OP. But he must prove that he entered into the marriage in good faith. For this requirement to be met, the burden of proof is set very high. A few photos and text messages won't cut it. 

Edited November 9, 2017 by JFH

[Nada11 0]

On 09.11.2017 at 4:21 AM, JFH said:

Sounds like the "green card shuffle" to me.

 

I wonder how long the OP has known her husband? 

 

Your husband can petition for you, OP. But he must prove that he entered into the marriage in good faith. For this requirement to be met, the burden of proof is set very high. A few photos and text messages won't cut it. 

I has known my husband since last 2 years, his relationship became mostly like a friendship with ex, and it was their common decision to break up. The problem is we connected with 7 lawyers mostly all of them saying it is not nececesy until immigtacial won't ask, except one lawer. 

like his marriage was 100%  in good faith, and they did love each other , maybe we have to prove that with bills, taxex, photos + put affidiate from their common friends them saying they prove that they were real? 

 

Like what worst could happened , they will take his green card or do we have any chance to be together ? If we sent all provement? Or they can cancell petition so easy ? 

[JFH 12,189]

15 hours ago, Nada11 said:

I has known my husband since last 2 years, his relationship became mostly like a friendship with ex, and it was their common decision to break up. The problem is we connected with 7 lawyers mostly all of them saying it is not nececesy until immigtacial won't ask, except one lawer. 

like his marriage was 100%  in good faith, and they did love each other , maybe we have to prove that with bills, taxex, photos + put affidiate from their common friends them saying they prove that they were real? 

 

Like what worst could happened , they will take his green card or do we have any chance to be together ? If we sent all provement? Or they can cancell petition so easy ? 

Unlikely to work.

 

You met your current husband whilst he was still married to his previous wife. You met him before he became a green card holder through marriage to his first wife. So his first wife continued with the affidavit, etc for her husband to be able to live in the USA despite the fact that the husband had a new woman in the picture already. It was a mutual decision for them to split? Very unusual for a wife who has been cheated on to mutually agree to separate and divorce. Especially when she has paid a fortune and been through hell with USCIS to get him here. Did the first wife know of your existence during your husband's immigration process? Let me guess that you and your husband are from the same country? 

 

He has to demonstrate a lot more than just that they loved each other. He has to demonstrate beyond any doubt that the marriage was not for immigration benefit. A "mutual decision to separate" and then a new marriage before the ink is dry on the divorce decree is suspicious. Very suspicious. If your husband had fought to save the marriage, or had been mistreated then that's slightly more believable but a friendly end seems all too convenient. 

 

Affidavits from friends are worthless. Nothing can be proved here because it's not possible to read people's thoughts. 

 

Of course you can be together. You can live together in your home country. What's stopping you? If you truly love him what does it matter where you live? You seem to be focusing too much on immigration into the USA here. More suspicion. 

Edited November 11, 2017 by JFH

[Ontarkie 13,916]

~~Moved to Bringing Family of PR to America, from IR1/CR1 P&P - as the OP's spouse is a PR not USC.~~

[Nada11 0]

10 hours ago, JFH said:

Unlikely to work.

 

You met your current husband whilst he was still married to his previous wife. You met him before he became a green card holder through marriage to his first wife. So his first wife continued with the affidavit, etc for her husband to be able to live in the USA despite the fact that the husband had a new woman in the picture already. It was a mutual decision for them to split? Very unusual for a wife who has been cheated on to mutually agree to separate and divorce. Especially when she has paid a fortune and been through hell with USCIS to get him here. Did the first wife know of your existence during your husband's immigration process? Let me guess that you and your husband are from the same country? 

 

He has to demonstrate a lot more than just that they loved each other. He has to demonstrate beyond any doubt that the marriage was not for immigration benefit. A "mutual decision to separate" and then a new marriage before the ink is dry on the divorce decree is suspicious. Very suspicious. If your husband had fought to save the marriage, or had been mistreated then that's slightly more believable but a friendly end seems all too convenient. 

 

Affidavits from friends are worthless. Nothing can be proved here because it's not possible to read people's thoughts. 

 

Of course you can be together. You can live together in your home country. What's stopping you? If you truly love him what does it matter where you live? You seem to be focusing too much on immigration into the USA here. More suspicion. 

And again wrong . 

i have known my husband now since last 2 years , but our relationship started when he apply for divorce and we met with him in Thailand just by accident. before that we just knew each other like a friend that's it . 

No, we are from totally different country. To move somewhere when it won't work, it is last decision, to Russia he can not( does not know the language ) , to Turkey we can ( but so bad situation with work there now lol), so we will try. 

i read here people were passing throgh so confusing situation too, then if they call him ti interwie to local uscis , he could speak and show everything that they used to have together .