Questions regarding getting remarried after divorce.

[Joshua Bogus 1]

[geowrian 22,335]

I wouldn't be too worried about the previous marriage since it was so long ago. If you had just gotten married for a green card then to sponsor somebody else, you would have acted long ago. Plus I'm assuming you didn't even know your new SO back then. haha

 

The difference in age can be a red flag in some circumstances, but is not a reason for denial by itself. There are many others that have successfully gone through the process with a 30+ year age gap. But every case is unique. Others have faced consider hurdles in which age was noted as part of the reason for not believing the marriage is bona fide.

The change in sexual preference isn't likely to be an issue IMHO.

 

INS stopped existing years ago. You will be dealing with USCIS now.

[Joshua Bogus 1]

[Just Paul 4,591]

The only proof you are going to need is a certified divorce decree.  Nothing else remotely matters about that marriage.

[Just Paul 4,591]

Oh and you need to get married as he can't get a green card as k1 unless he is going back to his home country.

[yuna628 9,528]

OP: You will certainly need documentation that you are divorced, that should be about it.

You said your bf is living in Virginia? What is their status in this country? You have posted this in the K1 forum. A K1 is for fiancés that are currently residing abroad in their home country. The fiancé would remain there while you apply for them, and their interview would be conducted overseas. However, if the fiancé is currently living here under some other status - legally or illegally, that changes the course of action you would be taking, depending on the specifics of the situation.

[accumbyte 148]

4 minutes ago, yuna628 said:

You said your bf is living in Virginia? What is their status in this country?

@Joshua Bogus: And how did your bf last enter the USA? As in what visa, etc.

[Joshua Bogus 1]

[accumbyte 148]

@Joshua Bogus, here is a guide: https://www.visajourney.com/content/i130guide2 But before that you must marry first (should be a straightforward process).

Edited January 13, 2019 by accumbyte

[geowrian 22,335]

2 hours ago, Joshua Bogus said:

I cannot comment on what others may or may not think. Some may agree. Some may not. Keep in mind lawyers have an incentive to make a case seem more complicated than necessary...many others have experienced this. It's just a part of the business to get clients.

 

There is no requirement in the INA to prove that the previous marriage was bona fide. The only legal requirement is evidence that the marriage was dissolved (e.g. a final divorce decree).

A CO will look at the totality of the case, which can look at the previous marriage. But given the timeframe, I would not expect it to be a concern.

 

My advice is based on a variety of factors. It is not legal advice (you won't find anybody in the forums here providing legal advice).

If you want to prepare additional documentation about the prior marriage, it won't hurt to do so. But I would not present it or raise the issue unless specifically asked. Keep the focus on your marriage (once you get married), not the past.

Edited January 13, 2019 by geowrian

[Joshua Bogus 1]

Thank you for all of your responses. You guys were really helpful. I really appreciate it!

[Ryan H 3,790]

Moved from K1 Progress Reports to What Visa Do I Need - Family Based Immigration forum.