Instant marriage after divorce.

[Simon11221 2]

I have a question about my marriage. My wife got divorced and remarried me again within 10 days will it be fine at interview? We are just waiting for interview now. We have been married since one and half year and we already have one baby together. 

[Dashinka 23,243]

I want to make sure I am clear, you and your wife got divorced, and 10 days after the divorce was finalized you remarried each other?  I would expect if this is the case they may ask you about it at the interview.

[designguy 1,179]

Are you talking about the consulate interview or the ROC interview?

 

if you haven’t even received your visa yet wouldn’t the underlying petition have been invalidated based on the divorce? I don’t think remarrying would reinstate it

Edited September 11, 2020 by designguy

[payxibka 10,044]

3 hours ago, Simon11221 said:

I have a question about my marriage. My wife got divorced and remarried me again within 10 days will it be fine at interview? We are just waiting for interview now. We have been married since one and half year and we already have one baby together. 

No. It is not fine.

[Simon11221 2]

1 hour ago, designguy said:

Are you talking about the consulate interview or the ROC interview?

 

if you haven’t even received your visa yet wouldn’t the underlying petition have been invalidated based on the divorce? I don’t think remarrying would reinstate it

I’m talking about consulates 

[Simon11221 2]

14 minutes ago, payxibka said:

No. It is not fine.

Could you tell me why it isn’t fine? They filled for divorce 5 month ago. It isn’t her fault that she got finalise so late.

[Lucky2Lucky 2,526]

9 minutes ago, Simon11221 said:

Could you tell me why it isn’t fine? They filled for divorce 5 month ago. It isn’t her fault that she got finalise so late.

It’s not fine because it’s not normal. How many people do know you get married within 10 days of divorce?! You are coming from a high fraud country and it makes it look like the marriage happened quickly to bring you over. Was he born a US citizen or did he gain his status through his ex wife? The answer to this question may be another red flag.

[Dashinka 23,243]

26 minutes ago, Simon11221 said:

I’m talking about consulates 

Then this brings into question the validity of the original I130 that your wife filed for you as @designguymentioned.  If the marriage that was used to file the I130 is terminated legally then the I130 is no longer valid.

 

I think your spouse will need to file a new I130 and start the process over.

[Simon11221 2]

14 minutes ago, Dashinka said:

Then this brings into question the validity of the original I130 that your wife filed for you as @designguymentioned.  If the marriage that was used to file the I130 is terminated legally then the I130 is no longer valid.

 

I think your spouse will need to file a new I130 and start the process over.

No everything is all right. I’m just making sure. I’m just waiting for my interview. Already got my DQ in march.

[Simon11221 2]

31 minutes ago, Luckycuds said:

It’s not fine because it’s not normal. How many people do know you get married within 10 days of divorce?! You are coming from a high fraud country and it makes it look like the marriage happened quickly to bring you over. Was he born a US citizen or did he gain his status through his ex wife? The answer to this question may be another red flag.

Yeah but what about the baby we have? we just ruined a baby’s life just so get me there. It doesn’t make any sense if you think officer will ask me this. 

[payxibka 10,044]

46 minutes ago, Simon11221 said:

Could you tell me why it isn’t fine? They filled for divorce 5 month ago. It isn’t her fault that she got finalise so late.

The original marriage the i130 was petioned on has bern terminated. 

[Dashinka 23,243]

13 minutes ago, Simon11221 said:

No everything is all right. I’m just making sure. I’m just waiting for my interview. Already got my DQ in march.

How will you explain that the marriage the CR1/IR1 visa you are applying for has been legally terminated?

 

This may explain it a little.

 

 

As noted, legal termination of a marriage-in other words, divorce-can form the basis of revocation. This is particularly important for marriage-based cases because not all married couples file for an immigrant's status right away and not all marriages survive through adjudication of an I-485 or immigrant visa application. To illustrate, a lawful permanent resident may file for his spouse under preference category F2A. However, because the petitioner is not a US Citizen, the visa is not immediately available and subject to quotas. Currently, F2A is close to two years behind. Even if the I-130 is approved, the couple must generally remain married in order for the foreign national to make an immigrant visa application or apply for adjustment of status. (There are limited exceptions, such as filing an I360 Battered Spouse Petition.) If a divorce ensues in the interim, the I-130 may become invalid, thereby undercutting any green card application riding on it.

 

https://www.njimmigrationattorney.com/blog/2018/08/will-divorce-cause-my-case-to-be-cancelled-effect-of-divorce-on-immigration-marriage-case.shtml

[payxibka 10,044]

4 minutes ago, Dashinka said:

How will you explain that the marriage the CR1/IR1 visa you are applying for has been legally terminated?

by lying or by hiding pertinent information 

[Simon11221 2]

15 minutes ago, Dashinka said:

How will you explain that the marriage the CR1/IR1 visa you are applying for has been legally terminated?

 

This may explain it a little.

 

 

As noted, legal termination of a marriage-in other words, divorce-can form the basis of revocation. This is particularly important for marriage-based cases because not all married couples file for an immigrant's status right away and not all marriages survive through adjudication of an I-485 or immigrant visa application. To illustrate, a lawful permanent resident may file for his spouse under preference category F2A. However, because the petitioner is not a US Citizen, the visa is not immediately available and subject to quotas. Currently, F2A is close to two years behind. Even if the I-130 is approved, the couple must generally remain married in order for the foreign national to make an immigrant visa application or apply for adjustment of status. (There are limited exceptions, such as filing an I360 Battered Spouse Petition.) If a divorce ensues in the interim, the I-130 may become invalid, thereby undercutting any green card application riding on it.

 

https://www.njimmigrationattorney.com/blog/2018/08/will-divorce-cause-my-case-to-be-cancelled-effect-of-divorce-on-immigration-marriage-case.shtml

What you guys talking about? This is my first marriage but my wife’s second marriage. She got divorced from her ex because he was cheating on her and she wanted to be with me. 
why would lie about anything. Everything is crystal clear.

[Mollie09 1,543]

4 hours ago, Simon11221 said:

I have a question about my marriage. My wife got divorced and remarried me again within 10 days will it be fine at interview? We are just waiting for interview now. We have been married since one and half year and we already have one baby together. 

Your wife divorced and remarried you? 10 days later? Why? Or she divorced someone else?

Baby is irrelevant.

1 minute ago, Simon11221 said:

What you guys talking about? This is my first marriage but my wife’s second marriage. She got divorced from her ex because he was cheating on her and she wanted to be with me. 
why would lie about anything. Everything is crystal clear.

Ah, ok. Did her ex petition her and then she divorced and married you?

How long were you together while she was still married that you decided to marry so quickly?