Second marriages (red flag) and some questions

[trucphong 24]

Hello VJs members,

 

I am new here and has panic about my situation. Let me take time to explain the whole story that happened to me in the first marriage that causes red flag on my future petition for second wife. Note that both ex-wife and future wife are from Vietnam which is one of fraud countries for visa. Thanks in advance for taking time to read my post.

 

I filed I-129F (K1 visa) for my ex-wife in March 2013 and she came to US in March 2014.  AOS was filed and she received her conditional green card in April 2015.  In January 2017, we filed ROC I-751 and she was gave a birth in February 2017.  Almost a year later (early January 2018), she told me that the baby wasnt mine and showed the DNA result to me. She then left the house and moved to the state of her baby’s father  residence the next morning when I went to work. I was tried to save the marriage and convinced her to come back but she told me that she wont come back and I need to move on.

 

More than a month later (February 2018), I met my future wife online and she was helped me going through the difficult time. At the end of March 2018, I met my lawyer to file both divorce and paternity document (remove my name out of his birth certificate).  In May 2018, I went to Vietnam to see my future wife and we went to Taiwan for few days as well as going to see her parents. The total times of visit her was 16 days or so. My ex-wife’s ROC I-751 approved somewhere in June 25, 2018 and coincidentally the judge signed divorce and paternity document on June 28, 2018. The date sounds suspicious but I cant control when the judge signed the paperworks.

 

I went to see my future wife second time in September 2018 and we went  to Singapore few days and also flew to my hometown in Vietnam.

We are planning to get married in the third visits (February 2019) where my grandparents, my parents, brother, sister in law, and my aunt will attend. It is about 1 year from the date that I met my future wife and about 8 months after divorced.  I am so panicking when I think about visa paperworks as it has so many red flags due to the ex-wife left during I-751 and got married too soon. I am here to get some helps from you guys to calm down my nerves. I have few questions 

 

1) I only have few documents to prove the marriage is real (Tickets/passport stamps for all three visits, call/chat logs, westerunion receipts, postal letters, hotel receipts). She is listed as beneficiary for my 401K and stock from my company. I cant add her to my bank or lease due to lacking SSN and not physical been here in US. I will continue to see her twice every year that would probably have 5 visits total by the time of interview if everything goes well. Note that I can only see her around 14-16 days per visit due to limiting vacation time.  What else do I need to add to prove my case?

 

2) If USCIS or Consulate asks any kind of paperworks from my ex-wife then I probably wont have it due to the fact that I dont know her address. She changed her phone number as well after divorce was finalized. I only know city and state of her residence. If this happens, then what I can do?

 

3)I will file the I-130 right after the wedding and I am planning to file tax return as married jointly for 2019 (not 2018).  I need to apply her ITIN which requires me to send tax return and W-7 along with her passport. However, her interview will be around the tax’s time which I dont want IRS to keep her passport. Is there a way to do that without sending passport? 

 

4) I look I-864 document which requires three years of income tax. I am highly educated and got high pay since I got a job post grad school so I dont have issue with 2017 and 2018. However, looking back at 2016 where my ex wife and I only made 40k (I made 24K).  Do I still need sponsor due to low income in 2016 while I was in grad school?  

 

5) I cant buy the healthcare for her while she is in Vietnam because she doesnt have her SSN. Assuming she will come in at some point which I still cant add her until the open period for that year due the marriage was more than 30 days. How can I overcome that and be able to add her to my healthcare right afer she has SSN without waiting open period? 

 

Thank you again for taking time reading me post. Any help would be appreciated.

 

 

 

 

 

 

 

Edited January 6, 2019 by trucphong

[Nitas_man 3,100]

Sounds like you should file this as a normal case.  Unfortunately you’re still on the hook if your ex ever uses public benefits.

[payxibka 10,044]

32 minutes ago, trucphong said:

Hello VJs members,

 

I am new here and has panic about my situation. Let me take time to explain the whole story that happened to me in the first marriage that causes red flag on my future petition for second wife. Note that both ex-wife and future wife are from Vietnam which is one of fraud countries for visa. Thanks in advance for taking time to read my post.

 

I filed I-129F (K1 visa) for my ex-wife in March 2013 and she came to US in March 2014.  AOS was filed and she received her conditional green card in April 2015.  In January 2017, we filed ROC I-751 and she was gave a birth in February 2017.  Almost a year later (early January 2018), she told me that the baby wasnt mine and showed the DNA result to me. She then left the house and moved to the state of her baby’s father  residence the next morning when I went to work. I was tried to save the marriage and convinced her to come back but she told me that she wont come back and I need to move on.

 

More than a month later (February 2018), I met my future wife online and she was helped me going through the difficult time. At the end of March 2018, I met my lawyer to file both divorce and paternity document (remove my name out of his birth certificate).  In May 2018, I went to Vietnam to see my future wife and we went to Taiwan for few days as well as going to see her parents. The total times of visit her was 16 days or so. My ex-wife’s ROC I-751 approved somewhere in June 25, 2018 and coincidentally the judge signed divorce and paternity document on June 28, 2018. The date sounds suspicious but I cant control when the judge signed the paperworks.

 

I went to see my future wife second time in September 2018 and we went  to Singapore few days and also flew to my hometown in Vietnam.

We are planning to get married in the third visits (February 2019) where my grandparents, my parents, brother, sister in law, and my aunt will attend. It is about 1 year from the date that I met my future wife and about 8 months after divorced.  I am so panicking when I think about visa paperworks as it has so many red flags due to the ex-wife left during I-751 and got married too soon. I am here to get some helps from you guys to calm down my nerves. I have few questions 

 

1) I only have few documents to prove the marriage is real (Tickets/passport stamps for all three visits, call/chat logs, westerunion receipts, postal letters, hotel receipts). She is listed as beneficiary for my 401K and stock from my company. I cant add her to my bank or lease due to lacking SSN and not physical been here in US. I will continue to see her twice every year that would probably have 5 visits total by the time of interview if everything goes well. Note that I can only see her around 14-16 days per visit due to limiting vacation time.  What else do I need to add to prove my case?

 

2) If USCIS or Consulate asks any kind of paperworks from my ex-wife then I probably wont have it due to the fact that I dont know her address. She changed her phone number as well after divorce was finalized. I only know city and state of her residence. If this happens, then what I can do?

 

3)I will file the I-130 right after the wedding and I am planning to file tax return as married jointly for 2019 (not 2018).  I need to apply her ITIN which requires me to send tax return and W-7 along with her passport. However, her interview will be around the tax’s time which I dont want IRS to keep her passport. Is there a way to do that without sending passport? 

 

4) I look I-864 document which requires three years of income tax. I am highly educated and got high pay since I got a job post grad school so I dont have issue with 2017 and 2018. However, looking back at 2016 where my ex wife and I only made 40k (I made 24K).  Do I still need sponsor due to low income in 2016 while I was in grad school?  

 

5) I cant buy the healthcare for her while she is in Vietnam because she doesnt have her SSN. Assuming she will come in at some point which I still cant add her until the open period for that year due the marriage was more than 30 days. How can I overcome that and be able to add her to my healthcare right afer she has SSN without waiting open period? 

 

Thank you again for taking time reading me post. Any help would be appreciated.

 

 

 

 

 

 

 

1) The marriage isn't real because you are not yet married

2) What kind of paperwork would they request from her?  She is out of the picture and this is your petition 

3) Look to see if any of the international IRS Acceptance offices are convenient.  Not one in Vietnam but there are some in Thailand, Hon Kong, Singapore, etc..

4) That year will be given no weight

5) Check the list of Qualifying Life Events to see if any of those would come into play and allow enrollment outside the Open period

[vivostu 17]

9 minutes ago, Nitas_man said:

Unfortunately you’re still on the hook if your ex ever uses public benefits.

Exactly. How would OP know when his I-864 obligations end since he has no contact with ex: https://citizenpath.com/faq/obligations-form-i-864/

Edited January 6, 2019 by vivostu

[payxibka 10,044]

1 minute ago, vivostu said:

Exactly. How would OP know when his I-864 obligations end since he has no contact eith ex: https://citizenpath.com/faq/obligations-form-i-864/

When he gets the bill?

[Nitas_man 3,100]

11 minutes ago, vivostu said:

Exactly. How would OP know when his I-864 obligations end since he has no contact with ex: https://citizenpath.com/faq/obligations-form-i-864/

Beats me.  His requirement is to report the previous sponsorship then let USCIS / DOS sort it out.

This is going to have red flags all over it.    Not the divorce / remarriage but the joint ROC during divorce proceedings overlapping a new relationship.

Edited January 6, 2019 by Nitas_man

[pushbrk 12,106]

I see this as a somewhat more complicated case than a standard one from Vietnam.  Lots of relationship evidence, time together in person, and his family attending the wedding, should do the trick.  The tax return information given will be for 16,17, and 18.  With good income in 17 and 18, and good "current income" the 16 return should not be an issue.  2018 return can use W7 or file married filing separately. Either works.  Consult a TAX professional for tax questions.

[trucphong 24]

16 minutes ago, Nitas_man said:

Beats me.  His requirement is to report the previous sponsorship then let USCIS / DOS sort it out.

This is going to have red flags all over it.    Not the divorce / remarriage but the joint ROC during divorce proceedings overlapping a new relationship.

 

 

Thanks everyone to take time reading and gave feedbacks.  That is true that I am still in the hook and has to pay if my ex uses any public benefits unless she becomes US citizen. I know the time frame sounds suspicious because divorce proceedings was overlapping 4 months with new relationship. However, I cant control when my ex left the house ( I never thought my life will end up to divorce)  and  at least she left the house before receiving the green card. The only thing that I should have done was reported to USCIS about my marriage status during that time but I didnt.  I read it somewhere that my ex wife needs to report that we are in the process of divorcing not the US citizen, please correct me if I was wrong.

[Nitas_man 3,100]

12 minutes ago, trucphong said:

 

 

Thanks everyone to take time reading and gave feedbacks.  That is true that I am still in the hook and has to pay if my ex uses any public benefits unless she becomes US citizen. I know the time frame sounds suspicious because divorce proceedings was overlapping 4 months with new relationship. However, I cant control when my ex left the house ( I never thought my life will end up to divorce)  and  at least she left the house before receiving the green card. The only thing that I should have done was reported to USCIS about my marriage status during that time but I didnt.  I read it somewhere that my ex wife needs to report that we are in the process of divorcing not the US citizen, please correct me if I was wrong.

I think you’ll be OK and I have no doubt you are aware of the flags.  Just prepare for this to come up.

[pushbrk 12,106]

35 minutes ago, pushbrk said:

I see this as a somewhat more complicated case than a standard one from Vietnam.  Lots of relationship evidence, time together in person, and his family attending the wedding, should do the trick.  The tax return information given will be for 16,17, and 18.  With good income in 17 and 18, and good "current income" the 16 return should not be an issue.  2018 return can use W7 or file married filing separately. Either works.  Consult a TAX professional for tax questions.

Correction, it would be the 2019 return that he'll be married for, so not really an issue for the affidavit of support.  I would wait to file until she's here, has an SS# and they can file jointly.

[trucphong 24]

4 minutes ago, pushbrk said:

Correction, it would be the 2019 return that he'll be married for, so not really an issue for the affidavit of support.  I would wait to file until she's here, has an SS# and they can file jointly.

 

Thanks for responding. Just wonder if I can file married separate then file correction when she has SSN to be jointly. Other question that I have is whether she can apply ITIN number before tax period. I can go with her to international acceptance agent like Thailand to apply ITIN if they don’t require to file income tax at the same time.  Thanks.

[pushbrk 12,106]

1 minute ago, trucphong said:

 

Thanks for responding. Just wonder if I can file married separate then file correction when she has SSN to be jointly. Other question that I have is whether she can apply ITIN number before tax period. I can go with her to international acceptance agent like Thailand to apply ITIN if they don’t require to file income tax at the same time.  Thanks.

Probably, yes.  Consult a tax professional on this.  It's not an immigration question.

[cyclone27 710]

Married file separate then file Joint when ssn is required can be done. We did this.

[payxibka 10,044]

1 hour ago, trucphong said:

 

Thanks for responding. Just wonder if I can file married separate then file correction when she has SSN to be jointly. Other question that I have is whether she can apply ITIN number before tax period. I can go with her to international acceptance agent like Thailand to apply ITIN if they don’t require to file income tax at the same time.  Thanks.

An acceptance agent is not official IRS but an agent who is authorized to look at the documents for w7 amongst other things 

[CEE53147 559]

OP,  you have known this woman for less than a year and have seen her only in a vacation environment which shows only the good. I am worried not so much about your immigration processing but about you being taken advantage of again. Please look at the time it takes to process the paperwork as a test of your relationship. I hope this works out well for you. 

 

A private investigator may be able to find your ex's address information if really essential.