Can I re-marry and petition for green card 11 months after divorce? I got my citizenship 2 years ago through ex-wife who is a US citizen.

[azblk 338]

5 hours ago, Emmkin said:

My first marriage was bonafide. I was just scared USCIS may start thinking what is not. I have read horrible stories here. 

USCIS assumes EVERY marriage is a fraud. The onus is the parties seeking benefits to prove them wrong. This a guilty until proven innocent scenario.

[Emmkin 2]

On 4/24/2018 at 4:27 AM, azblk said:

USCIS assumes EVERY marriage is a fraud. The onus is the parties seeking benefits to prove them wrong. This a guilty until proven innocent scenario.

Thanks for your input.

[MyJourney 276]

Quote

(2.5 years after we got married) when I discovered that my wife had fibroid... which she has been keeping from me, this explains why we never had a child together - apparently, I was fooled since we talked about all our health conditions during courtship and that single one was never mentioned to me. We have always had issues with finances, lies and many others that I’d always let go but this one really got to me.

The only concern I have is that a skeptical person could argue that your first marriage may not have been as  bona fide, as you presented it to be at the time of your receipt of citizenship. I am not sure if it matters in terms of your own citizenship status, but may make a skeptical mind be uber careful about what you are telling about your (now second) marriage. 

[Unidentified 2,930]

36 minutes ago, MyJourney said:

The only concern I have is that a skeptical person could argue that your first marriage may not have been as  bona fide, as you presented it to be at the time of your receipt of citizenship. I am not sure if it matters in terms of your own citizenship status, but may make a skeptical mind be uber careful about what you are telling about your (now second) marriage. 

Why was it not bona fide? Not the wives fault he couldn't deal with the surprise that a lot of women have fibroids without knowing about it. 

[Emmkin 2]

4 hours ago, Unidentified said:

Why was it not bona fide? Not the wives fault he couldn't deal with the surprise that a lot of women have fibroids without knowing about it. 

Please don't jump into conclusion since you are not in my shoes. My ex knew she had fibroid, she sneaked 4 hours out of our city to go carry out the surgery. She had the surgery without telling me forgetting that my job will send me copies of health insurance bill. If my ex had fibroid without knowing; that is a different case, there wont be any issues if that was the case actually. The issue was sneaking out of town to perform a life threatening surgery without telling me - I felt betrayed. And FYI, she knew she had fibroid all this while, at least that was what she told me when she later confessed.

[MyJourney 276]

I sympathize with the original poster, it is indeed a very unfortunate situation to be in. But for the purposes of USCIS the moral side of the story is pretty much meaningless. Regardless of whose fault it was, the fact of the matter is your marriage was in crisis after 2.5 years, which is before you applied for citizenship based on that marriage. That in turn, means your marriage was not bona fide at the time when your citizenship was processed and granted. You already have your citizenship, so none probably cares about it now. However, if they (the USCIS) find out that you passed your first marriage, which was in crisis, as bona fide and got your citizenship, they may get super skeptical about your current marriage and her application as well. 
But let us hope they will not, this just my assumption. 

Edited May 8, 2018 by MyJourney

[azblk 338]

4 hours ago, MyJourney said:

I sympathize with the original poster, it is indeed a very unfortunate situation to be in. But for the purposes of USCIS the moral side of the story is pretty much meaningless. Regardless of whose fault it was, the fact of the matter is your marriage was in crisis after 2.5 years, which is before you applied for citizenship based on that marriage. That in turn, means your marriage was not bona fide at the time when your citizenship was processed and granted. You already have your citizenship, so none probably cares about it now. However, if they (the USCIS) find out that you passed your first marriage, which was in crisis, as bona fide and got your citizenship, they may get super skeptical about your current marriage and her application as well. 
But let us hope they will not, this just my assumption. 

Ahhh what is your definition of bonafide?

[Unidentified 2,930]

5 hours ago, MyJourney said:

I sympathize with the original poster, it is indeed a very unfortunate situation to be in. But for the purposes of USCIS the moral side of the story is pretty much meaningless. Regardless of whose fault it was, the fact of the matter is your marriage was in crisis after 2.5 years, which is before you applied for citizenship based on that marriage. That in turn, means your marriage was not bona fide at the time when your citizenship was processed and granted. You already have your citizenship, so none probably cares about it now. However, if they (the USCIS) find out that you passed your first marriage, which was in crisis, as bona fide and got your citizenship, they may get super skeptical about your current marriage and her application as well. 
But let us hope they will not, this just my assumption. 

Just because a marriage ends after 2.5 years doesn't make it "not bona fide". It was bona fide and now they're divorced. 

[MyJourney 276]

3 hours ago, azblk said:

Ahhh what is your definition of bonafide?

Maybe I am misusing the term "bona fide" here, but what I really meant here is that the marriage was in crisis and heading to divorce after 2.5 years. If I am not mistaken, you need to wait 3 years and still have a healthy marriage in order to apply and get citizenship. 

[Emmkin 2]

2 minutes ago, MyJourney said:

Maybe I am misusing the term "bona fide" here, but what I really meant here is that the marriage was in crisis and heading to divorce after 2.5 years. If I am not mistaken, you need to wait 3 years and still have a healthy marriage in order to apply and get citizenship. 

How do you define healthy? We had our ups and downs but we settled and moved on. We were living together, still legally married, and cool when I applied for citizenship? Divorce wasn’t in the plan at 2.5 years. Talks about divorce started after 7 months or so after citizenship. 

[MyJourney 276]

1 minute ago, Emmkin said:

How do you define healthy? We had our ups and downs but we settled and moved on. We were living together, still legally married, and cool when I applied for citizenship? Divorce wasn’t in the plan at 2.5 years. Talks about divorce started after 7 months or so after citizenship. 

I am not saying anything. I personally only wish the best and easy way for your application. I am only saying that a the timing of your divorce (almost immediately after citizenship) may cause skeptically minded people  become cautious.

[Emmkin 2]

6 hours ago, MyJourney said:

I am not saying anything. I personally only wish the best and easy way for your application. I am only saying that a the timing of your divorce (almost immediately after citizenship) may cause skeptically minded people  become cautious.

True. I hope for the best and say the truth and leave the rest to USCIS to make a decision. Thanks for your inputs.

[KeratNY 76]

On 1/26/2018 at 6:56 PM, Emmkin said:

I was married for 5 years and got my citizenship through my ex-wife. Everything was perfect in our marriage until sometimes in late 2015 (2.5 years after we got married) when I discovered that my wife had fibroid which she has been keeping from me, this explains why we never had a child together - apparently, I was fooled since we talked about all our health conditions during courtship and that single one was never mentioned to me. We have always had issues with finances, lies and many others that I’d always let go but this one really got to me.

Anyways, I got to know about the fibroid when we had to go to the ER because she complained of stomach pain. The fibroid was operated on and everything was fine between the both of us after her step mom counselled the both of us and appealed to me. So, we decided to try again to see if we can have kids but my ex said she doesn't want kids any longer - I received the shock of my life that day. Our pastor in church and close relatives including family members had to wade in but she didn't change her mind.

To be honest, our relationship started going south right from then. I wasn't happy I was deceived and that my ex would now change to tell me she doesn't want kids again. We got into a big argument and she moved out of the house to go live with her step mom for 2 months (the step mom lives 4hrs from where we lived). During this period, I met my new soon to be wife at one of the functions I attended in town. She was a graduate student in one of the universities in New Jersey and was new in town for her internship with one of the local companies here in California. We clicked so well because we speak the same language and from the same country. I offered to show her around and we soon became very good friends.

 

To cut the long story short, I had an extra-marital affair (I am not proud of this) with my new friend (now soon to be wife). My ex moved back home because her step mom wasn’t going to let her stay with her any longer. And I confessed to my ex-wife about what I did while she was away. I begged her and promised not to repeat such again. I was forgiven and we moved on. Two months later, my soon to be wife told me she was pregnant. I was somehow shocked, happy and at the same time sad. I was happy because I can finally become a father.  I was sad because I cheated on my ex-wife. I had to tell her about the pregnancy and for some reason she was fine with it after much pleadings. Problem started few months after when the baby was born. She wasn’t happy that I was at the hospital when my soon to be wife delivered the baby. She wasn’t also happy that I get to go see my son often. We got into a big fight because of this and many other things. We decided to divorce since it wasn’t working out again. To be honest, we both were tired. My divorce was final sometimes in 2017 (exactly 14 months after I became a citizen).

Frankly, I’d promised myself not to get married again and just have kids. But it’s been 11 months since my divorce and I am now so close to my baby’s mama that I am now considering getting married again. Ever since we got close, I have become a very happy man once again and the child that we had together has even brought us even closer. She is contemplating going for a PhD to stay in status but I have made up my mind to get married to her and file a green card for her (since she was here on a F-1 and now on OPT) so she can stay here with me and start a beautiful family together.  

Will it be an issue with USCIS that I became a citizen through marriage and now filing for my soon to be wife a year after divorce and roughly 2 years after I got my citizenship? I have every proof to show that my initial marriage was in good faith and documents to show my situation. I will appreciate sincere advice.

 

Thanks.

 

N:B - This is just a summary of little of all that happened when I was married. I could write a book if given a chance. 

Far, far too much detail given in this story. Anyway yes I echo others that you will be fine. The length of your first marriage and the fact you have a baby with the 2nd one are strong bona fides

[Unidentified 2,930]

7 hours ago, KeratNY said:

Far, far too much detail given in this story. Anyway yes I echo others that you will be fine. The length of your first marriage and the fact you have a baby with the 2nd one are strong bona fides

Babies are not a sign of bona fide marriage when it comes to immigration. 

Edited May 17, 2018 by Unidentified

[KeratNY 76]

5 hours ago, Unidentified said:

Babies are not a sign of bona fide marriage when it comes to immigration. 

they definitely are...