Second marriages (red flag) and some questions

[NikLR 13,220]

My husband has no idea where his ex wife is.  Only be an issue for us once i finally decide on if i want to file n400.

 

[Sandra G. 5,009]

20 hours 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.

 

 

 

 

 

 

 

Two weeks ago one person from visa journey contacted me because he filed l130 for his wife and Uscis sent him an RFE stating that he remarried shortly after his divorce . 

 

He met his wife 2 years and a half after his divorce  was finalized and got married 3 years after his divorce. USCIS is questioning if he has a bonafide marriage.In 18months he saw his wife 4 times, they had honeymoon in Europe, 75 people attended their engagement party  and the wedding party   had 380 guests. December 2017 he stayed 40 days with her, July 2018 he stayed 2 months with her and USCIS thinks 3 years is too soon to remarry then imagine your case . Here is what Uscis said “Your married to the beneficiary occurred shortly after your prior marriage was legally terminated, please describe the circumstances that led up to this rapid sequence of events. The bonafide nature of the claimed  spousal relationship was not established “.

Edited January 7, 2019 by sandranj

[trucphong 24]

19 minutes ago, sandranj said:

Two weeks ago one person from visa journey contacted me because he filed l130 for his wife and Uscis sent him an RFE stating that he remarried shortly after his divorce . 

 

He met his wife 2 years and a half after his divorce  was finalized and got married 3 years after his divorce. USCIS is questioning if he has a bonafide marriage.In 18months he saw his wife 4 times, they had honeymoon in Europe, 75 people attended their engagement party  and the wedding party   had 380 guests. December 2017 he stayed 40 days with her, July 2018 he stayed 2 months with her and USCIS thinks 3 years is too soon to remarry then imagine your case . Here is what Uscis said “Your married to the beneficiary occurred shortly after your prior marriage was legally terminated, please describe the circumstances that led up to this rapid sequence of events. The bonafide nature of the claimed  spousal relationship was not established “.

This is what I worried about. Thanks for sharing. 

 

Do you know the outcome of that couple?

 

Thanks.

[Sandra G. 5,009]

4 minutes ago, trucphong said:

This is what I worried about. Thanks for sharing. 

 

Do you know the outcome of that couple?

 

Thanks.

I answered his RFE yesterday and today I mailed the RFE answer to Uscis. I am an attorney, I believe USCIS will adjudicate the case within 2/4 weeks .

[Ben & Katy 168]

27 minutes ago, sandranj said:

Two weeks ago one person from visa journey contacted me because he filed l130 for his wife and Uscis sent him an RFE stating that he remarried shortly after his divorce . 

 

He met his wife 2 years and a half after his divorce  was finalized and got married 3 years after his divorce. USCIS is questioning if he has a bonafide marriage.In 18months he saw his wife 4 times, they had honeymoon in Europe, 75 people attended their engagement party  and the wedding party   had 380 guests. December 2017 he stayed 40 days with her, July 2018 he stayed 2 months with her and USCIS thinks 3 years is too soon to remarry then imagine your case . Here is what Uscis said “Your married to the beneficiary occurred shortly after your prior marriage was legally terminated, please describe the circumstances that led up to this rapid sequence of events. The bonafide nature of the claimed  spousal relationship was not established “.

I married my spouse only a mere 2 months after my divorce.  But at the sametime my divorce drug on so long that I met my new wife along the way.  We saw each other almost every weekend.  When I filed my I-130 we had no issues about getting married only 2 months after the divorce. Maybe it depends on the agent. 

[icanbenobody 187]

35 minutes ago, sandranj said:

Two weeks ago one person from visa journey contacted me because he filed l130 for his wife and Uscis sent him an RFE stating that he remarried shortly after his divorce . 

 

He met his wife 2 years and a half after his divorce  was finalized and got married 3 years after his divorce. USCIS is questioning if he has a bonafide marriage.In 18months he saw his wife 4 times, they had honeymoon in Europe, 75 people attended their engagement party  and the wedding party   had 380 guests. December 2017 he stayed 40 days with her, July 2018 he stayed 2 months with her and USCIS thinks 3 years is too soon to remarry then imagine your case . Here is what Uscis said “Your married to the beneficiary occurred shortly after your prior marriage was legally terminated, please describe the circumstances that led up to this rapid sequence of events. The bonafide nature of the claimed  spousal relationship was not established “.

My husband and i meet 1year and 7 months after his divorce was finalized...we went to k1 route after our 1 year anniversary,3 meetings in person. No ring during our engagement,no party..we are just a very simple couples.

I think it depends to the couple's situation and  how they gonna prepare their application.. as a previous visa applicant its best to make your journey simple. 

Edited January 7, 2019 by icanbenobody

[carmel34 3,527]

Each case is different, every relationship's circumstances are different, so it is impossible to compare them and draw any conclusions without more details of these situations.  Some are spousal visas, some are K1.  We don't know countries of origin of beneficiary, evidence that was submitted with their petitions, what was submitted later in the process, red flags that a CO might be concerned about like age differences, visa history of the beneficiary, previous petitions filed by the petitioner, background checks for both, etc.  Then add to all of that the judgment of the IO and there are so many different outcomes that are possible when on the surface, the cases look to be similar.  We don't have the file in front of us or the resources of USCIS or CO so who knows?  Do everything you can to show evidence of a bona fide relationship and hope for the best.  In the case of the I-130 RFE, going to an attorney could be a sign that there were other  more complicated issues that we don't know about.  Follow the guides and advice here on VJ and you should be okay, but the process is long and unpredictable so be prepared and thorough is my advice.  It seems unusual that USCIS would ask for more evidence of a bona fide relationship, as that normally happens at the CO interview stage according to posts here on VJ.

Edited January 7, 2019 by carmel34
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