GC holder 5 yr rule before petitioning new spouse(split)

[nada93d 0]

5 minutes ago, SusieQQQ said:

And filed for divorce 5 months later. And married you 9 months later. 

If you think we are suspicious, wait for the uscis officer review.

I don’t think you are , the case looks so complicated , but we have a lot of evidence including ex message and her family message , I mean it was real and as everything real it can be ended . unfortunately or fortunately. What my question was , if you want to deny petition, and you are officers   you can find easily some “problems” and deny it without even RFE, just bc you want it.  so do they do it principal ? Or if evidens Is really works they won’t try to deny the case just because it is so complicated ? 

[SusieQQQ 11,584]

1 hour ago, nada93d said:

 Their marriage was 100% real, just had a mentality and religion problems:( that’s The reason it did not work

So he stayed married to her for around 3 years despite all these issues and then just a few months after getting his green card he decides they are enough reason to file for divorce? In my humble opinion it is going to be very hard to convince a uscis officer that he didn’t just stay married for the green card ... especially because not just very soon after his GC filed for divorce but also just happened to so quickly meet and marry someone else? Big burden of proof, like I said. 

no one here knows what evidence you have and are presenting so you will have to rely on your lawyer to fairly assess your chances, I suggest you make sure you have someone who has shown success in this kind of case. Is this what the RFE was for?

Edited March 10, 2019 by SusieQQQ

[Boiler 43,401]

Up to you to provide clear and convincing evidence. The onus is on you.

[aaron2020 11,651]

9 minutes ago, nada93d said:

I don’t think you are , the case looks so complicated , but we have a lot of evidence including ex message and her family message , I mean it was real and as everything real it can be ended . unfortunately or fortunately. What my question was , if you want to deny petition, and you are officers   you can find easily some “problems” and deny it without even RFE, just bc you want it.  so do they do it principal ? Or if evidens Is really works they won’t try to deny the case just because it is so complicated ? 

The process works based on evidence.  They don't deny because they want to by finding some "problems." 

The legal burden is on you to provide the adequate evidence.   It's not up to them to prove that you don't qualify for a visa.  It's up to you to prove that his prior marriage was not entered into primarily for an immigration benefit and for you to provide this evidence.  If you can not convince them by providing the adequate evidence, then they legally can deny the visa.

[geowrian 22,335]

11 minutes ago, Boiler said:

Up to you to provide clear and convincing evidence. The onus is on you.

^This. It's a very high bar to show. I would expect a denial but hope for an approval. Be sure to provide plenty of evidence that the prior marriage was entered into in good faith (why it ended isn't important).

[SusieQQQ 11,584]

2 hours ago, nada93d said:

Date he married with ex - I could mix it up now but I guess it was January  ,2014 ( need to ask him exactly)

he got his green card in the beginning of December 2016,  

final divorce November 2017 

Month we begun in relationship June 2017( he applied for divorce in April 2017), 

we got married 9 of January 2019 

By the way: was his previous wife already a green card holder when he married her? 

[SalishSea 16,748]

14 minutes ago, SusieQQQ said:

By the way: was his previous wife already a green card holder when he married her? 

And did you know him during his previous marriage?

[nada93d 0]

1 hour ago, aaron2020 said:

The process works based on evidence.  They don't deny because they want to by finding some "problems." 

The legal burden is on you to provide the adequate evidence.   It's not up to them to prove that you don't qualify for a visa.  It's up to you to prove that his prior marriage was not entered into primarily for an immigration benefit and for you to provide this evidence.  If you can not convince them by providing the adequate evidence, then they legally can deny the visa.

Thanks for explaining ! Will try to do our best. Will cross the fingers and pray:). Otherwise , we will be on distance 2 more years, when 5 year rule will be done , and 2 more years for petition. so will concentrate on evidence . 

[nada93d 0]

23 minutes ago, SusieQQQ said:

By the way: was his previous wife already a green card holder when he married her? 

His wife was and still U.S. citizen , but my husband did not move to us when she applied . He already has been there with his dad ( his dad lives there and bring his son to university and school) . and after my husband finished his classes he met her 

[nada93d 0]

10 minutes ago, Jorgedig said:

And did you know him during his previous marriage?

I have been to U.S. before and made some friends there . So he was friend of mine . We met just ones like hi- hello. That’s it. So I would not say I “know him”

[SusieQQQ 11,584]

1 hour ago, nada93d said:

His wife was and still U.S. citizen , but my husband did not move to us when she applied . He already has been there with his dad ( his dad lives there and bring his son to university and school) . and after my husband finished his classes he met her 

Ok... .I’d assumed she had a green card because he took so long to move/get a green card. So most of that wait was through choice not waiting for a priority date. (Then thought maybe if marriage predated ability to get a green card it would help your case. But that’s clearly not the case if she’s a citizen.)

 

1 hour ago, nada93d said:

I have been to U.S. before and made some friends there . So he was friend of mine . We met just ones like hi- hello. That’s it. So I would not say I “know him”

But you do understand why people are asking you this, because most people don’t marry people they only started a relationship with 7 months ago especially if that was while a divorce was in process. You said you met up again in Thailand? Is that your home country?

 

Many moving parts and strange aspects to this story. Definitely one for the lawyers. 

[Ontarkie 13,904]

~~25 posts split off from another members thread. Please do not post questions for your case in another members thread. It can cause confusion to the thread.~~

[CEE53147 559]

He can always move to your location if you do not wish to live apart.

[WeGuyGal 1,052]

This is one of the reasons why the 5-year wait after gc from marriage to a USC law exists. 

[SusieQQQ 11,584]

19 hours ago, geowrian said:

^This. It's a very high bar to show. I would expect a denial but hope for an approval. Be sure to provide plenty of evidence that the prior marriage was entered into in good faith (why it ended isn't important).

Well... unless the “why it ended” is “I have my green card now”.

 

17 hours ago, nada93d said:

Thanks for explaining ! Will try to do our best. Will cross the fingers and pray:). Otherwise , we will be on distance 2 more years, when 5 year rule will be done , and 2 more years for petition. so will concentrate on evidence . 

Yes, hope for approval but realistically be prepared for this.