Complicated question

[LoganSKT 0]

I hope someone can help me with this question if they in the same situation or similar.

 

I married with my ex-spouse in 2014, we been living together for 2 years, then in 2016, due to differences, we separated and I move to a different state to pursue my career and new life. (only in term of physical separation, no legal process involved). Then I agree to file a joint petition with her for her permanent citizenship and naturalization after that. During that time, I meet someone abroad and fall in love, and we been dating since 2017.

 

Now, after a lengthy process of divorce, our marriage end in July 2019, after she get her naturalization and become US citizen. And I decided to get marry with my new spouse abroad and sponsor her here. My ex-wife is willing to sign a notarized affidavit said that we are physically separated in 2016. 

 

Will this affect my process of sponsoring to my new spouse? I have all the evidences prove that the relationship with my ex-spouse was entered in good faith in the past, and I have all the evidence also prove that the relationship with my new-spouse is also in good faith. 

[Daphne . 1,655]

Will it affect your new process? I don't know.. You mention having all the proof etc. so it does not have to be a deal breaker.

 

I do have to admit that the timeline with your ex-spouse (and your explanation) does stand out to me. You were already separated for a long time and you even started dating somebody else you now want to petition, yet still filed together and did not divorce until after your ex-spouse became a citizen. If I were a CO, I would think you were just helping somebody getting a GC and Citizenship (so this looked more like a business transaction).. Your ex- partner would have been able to do all that without having to stay married to you, maybe it would take longer to apply for citizenship for example but still..

I am not judging or accusing you of anything, please don't get me wrong.. It is always good to have people look at your case objectively because this is also how a CO might look at it so this is why I am giving you my view.

 

I wish you good luck! 

[LoganSKT 0]

14 minutes ago, Daphne K said:

Will it affect your new process? I don't know.. You mention having all the proof etc. so it does not have to be a deal breaker.

 

I do have to admit that the timeline with your ex-spouse (and your explanation) does stand out to me. You were already separated for a long time and you even started dating somebody else you now want to petition, yet still filed together and did not divorce until after your ex-spouse became a citizen. If I were a CO, I would think you were just helping somebody getting a GC and Citizenship (so this looked more like a business transaction).. Your ex- partner would have been able to do all that without having to stay married to you, maybe it would take longer to apply for citizenship for example but still..

I am not judging or accusing you of anything, please don't get me wrong.. It is always good to have people look at your case objectively because this is also how a CO might look at it so this is why I am giving you my view.

 

I wish you good luck! 

 

Thank you for giving me your point of view. I appreciate it.

 

Yeah I have to admit that my timeline is little bit off. We were physically separated after she already submitted her “removal of conditioned resident” form. So after we separated, I do not want to explain anything to the USCIS. We were remained separated but not divorce because the nature of my schooling and we were not financially stable there to afford a divorce. I just agree to sign her naturalization petition after that but we still remain separated. My lawyer said that if she is willing to sign a affidavit explaining the timeline of our relationship, that could be helpful.

 

I just want some honest point of view and suggestion on what else should I do to make it works.  Thank you. 

[Daphne . 1,655]

I don't think there is a lot that you can do anymore. The decisions the 2 of you have made are in the past now. Not sure if the statement will do anything to be honest but if your lawyer feels it could, then you could do it.

 

Your timeline looks very carefully calculated, you now added that you seperated right after she filed for ROC. I am not sure how deep they will dig into your previous marriage and the timeline of it but if they do and they look at it the same way, you might expect some scrutiny.. 

[geowrian 22,335]

So she naturalized under the 3 year rule (being an LPR while married to a US citizen for 3+ years)? Or the 5 year rule (being an LPR for 5 years)?

 

Because if it's the 3 year rule and you were separated, then that's a bigger issue. One must remain in "marital union" up until the point of filing. Being separated (either legally or physically due to not wanting to stay together anymore) disqualifies one from this, per the USCIS policy manual.

Edited August 19, 2019 by geowrian

[Timona 3,937]

15 minutes ago, geowrian said:

So she naturalized under the 3 year rule (being an LPR while married to a US citizen for 3+ years)? Or the 5 year rule (being an LPR for 5 years)?

 

Because if it's the 3 year rule and you were separated, then that's a bigger issue. One must remain in "marital union" up until the point of filing. Being separated (either legally or physically due to not wanting to stay together anymore) disqualifies one from this, per the USCIS policy manual.

 

Married in 2014.

Final divorce in 2019 right after naturalization. 

Total married time is roughly 5 years.

 

Calculating backwards, ROC/ N-400 combo and AOS wait times roughly 1.5 years each. This gives us 3 years. Out of his 5 years, we are left with 2 years, which is pretty much the time for conditional GC.

 

Seems to me this was 3 year rule.

 

I stand corrected if my time calculation is wrong.

Edited August 19, 2019 by Timona

[LoganSKT 0]

Yes it was a 3 year rules.

 

so this is my biggest issue is to explain this while I still meeting my new wife.

 

what if I submit the petition for my new wife in a 1 year time line after my divorce? Would that be more helpful?

[Timona 3,937]

Where's your new love from?

Where's your ex-wife from?

[geowrian 22,335]

And were you legally or physically separated prior to her filing the N-400?

[Boiler 43,422]

Please let us know what happens, seems quite a few issues that could cause complications.

[Timona 3,937]

7 minutes ago, kdbaby1412 said:

Yes it was a 3 year rules.

 

so this is my biggest issue is to explain this while I still meeting my new wife.

 

what if I submit the petition for my new wife in a 1 year time line after my divorce? Would that be more helpful?

 

Hold on....did you marry before your just concluded divorce was finalized or this was just a hypothetical question?

[LoganSKT 0]

7 minutes ago, geowrian said:

And were you legally or physically separated prior to her filing the N-400?

We were just physically separated and I totally did not know that I could not joint filling with her on petition for naturalization.

 

4 minutes ago, Timona said:

 

Hold on....did you marry before your just concluded divorce was finalized or this was just a hypothetical question?

No. We did not marry yet. We met during the time I was separated with my ex-wife and now I’m planning to marry her and bring her here.

 

9 minutes ago, Timona said:

Where's your new love from?

Where's your ex-wife from?

My ex-wife was a international student.

My love is from Vietnam. 

[Timona 3,937]

1 minute ago, kdbaby1412 said:

We were just physically separated and I totally did not know that I could not joint filling with her on petition for naturalization.

 

No. We did not marry yet. We met during the time I was separated with my ex-wife and now I’m planning to marry her and bring her here.

 

My ex-wife was a international student.

My love is from Vietnam. 

 

Okay. Thought you already remarried.

 

International Student from?

 

Try to be country specific as it helps to get better answers for your case. 

Reason why I ask is because there are individuals from some high fraud countries.

[LoganSKT 0]

1 minute ago, Timona said:

 

Okay. Thought you already remarried.

 

International Student from?

 

Try to be country specific as it helps to get better answers for your case. 

Reason why I ask is because there are individuals from some high fraud countries.

Also from Vietnam. She was international student for 4 years before we married

[Nat&Amy 623]

In 2017, when you started dating your new girlfriend, did you consider yourself married?

 

Assuming the answer is "yes", good luck explaining to the IO how you started a relationship with a foreign national while still married to another foreign national who was removing conditions under the 3-year rule;

 

Assuming you say "no", then the problem is that your ex-wife could NOT have filed under the 3 year rule without a divorce decree. That is for couples who have managed to maintain a bonafide marriage for 3 years. In Immigration, there is no such thing as "I didn't know". When you sign any Immigration-related documents, you are stating that you have read and understood what you are filing. Any boxes you check as a "yes" when the true answer is "no" qualifies as misrepresentation. Will that bring consequences to you or your ex wife? Maybe yes, maybe no. 

 

In short: in immigration, always tell the truth and read what you are signing. Your timeline is likely to be scrutinized so don't make your situation any worse. Fill all the forms you have to fill with clear, true dates. If your attorney has recommended affidavits, gather them but educate yourself about the process, the rules and possible outcomes, and keep us posted.

 

I for one am very interested to see how strict (or not) Immigration will be in this case.

 

 

 

Edited August 19, 2019 by Nat&Amy