K1 Visa - Second Time application (Different Person)

[JFH 12,189]

So much here doesn’t make sense.

 

I can’t see why she thought not filing for adjustment of status “would be best”. That’s almost her only option of being able to stay here legally. Her only other option is to file as a victim of domestic violence, which would be pretty unlikely since you only spent, according to you, a matter of days as a married couple. 
 

You filed for divorce in January and since then you have been to the Philippines “a few times” and built a house and planned to marry. Pretty long-term plans for someone whose divorce decree is only months old. Did you know the new girlfriend before you filed for divorce? It seems like you did because you said you have been in a relationship for a “couple of years” (which would suggest you knew her before you even married your previous wife). But you left your ex-wife because she was in a relationship with someone else. It sounds like you were both playing away. 
 

This is one strange timeline. Good luck when the embassy officer sees the date on the divorce decree and asks the new fiancé when you met. Whilst meeting before a divorce is finalized is not an issue, I met my current husband before my divorce was finalized, it’s going to raise a few eyebrows that you met either before you married your previous wife or whilst you were newly weds.

[Chad9797 7]

Thank you for your opinions and advice.. I wasn't playing at all, I was devastated and I feel that I totally embarrassed my family.

 

They were very excited to have them in our lives.. I met her through her mom nad her moms boyfriend while they were working in michigan. 

 

I met my finace in the Philipnes online in April of 2019.. I was able to travel there every other month Until my last trip in December 2019.

 

It was better to end that relationship when we did because it was clearly not on her mind to be with me forever unfortunetly.. As far as the house goes we did not build a huge home there.. it doesnt take much time to build there.. they already had plenty of property to build on.

Edited December 23, 2020 by Chad9797
spelling corrections

[Orangesapples 1,954]

9 hours ago, Chad9797 said:

Thank you for the info.. I was reading the part about multiple filer on the application and it appeared to be for restraining orders and criminal convictions.

 

The multiple filer section of the application was Part 3 (5a, 5b,5c and 5d).. None of those appeared to be for my situation, but I will research it more.

 

Application was recieved in January 2018 by USCIS

 

We were approved and she arrived with me in Miami January 2019

 

Married - February 2019

 

Filed for divorce - January 2020

 

Divorce Final - May 2020

 

I will google and research your link you sent me later this evening. It has been almost 3 years since the first application was received by USCIS.

It's been less than a year since your divorce and I you're already engaged? I think taking it slow might be the best option. 

[Orangesapples 1,954]

2 hours ago, JFH said:

Why did you not apply for her adjustment of status? You must have been happy in the first weeks of months after the marriage. Why would you let her become out of status? You can apply for adjustment of status as soon as you have the official marriage certificate. I don’t know which state you are in, but here in WA we married on a Saturday and had the official marriage certificate by Monday lunch time. What was the point of bringing her here on a K-1 if you didn’t follow through with the rest of it?

 

Your new girlfriend needs to know the full circumstances of the divorce so soon after marriage. She likely will be asked about it at the embassy. I’m surprised she thinks marriage so quickly is such a good idea, given your previous experience. You have told her about your previous wife? Are they from the same country?
 

I don’t know what I find more incredible - that you let your first wife become illegal here or that 7 months after the divorce you think you are ready to bring another fiancé here. Don’t you think you should spend a bit more time getting to know each other this time? How much time have you spent together in person, given that the COVID situation has been in existence the whole duration of your relationship.? I’ve had longer toothaches. 

Agree 100%

[laylalex 7,268]

My timeline is screwy -- I fell in love with my husband while still married to my ex -- but (1) we'd already known each other for many years by that point and (2) we didn't even get engaged until well after my divorce was final (and that took nearly 2 years). We were living on different continents and then different cities in the US until the month we got engaged. (He is in the US on a work visa at the moment.)

 

I never understand what the hurry is to get married. Marriage is a huge step and you need to know precisely what you're getting into. The more time being engaged but not yet married, the more time you get to make sure you're meshing your life with someone who is deserving of you, and who you're complementary with. Travelling to see someone sucks, long distances suck, but we have so many ways to stay connected. I think about the women who waited for their boyfriends and fiances to come home from war to marry, and all they had was letters to keep love flowing.

[JeanneAdil 6,303]

So she used you for a green card and this is green card fraud

 

you should know that you are both responsible for her actions

 

and you need to read the USCIS site on this issue as according to ICE :

 

Penalties An individual will be charged with marriage fraud if they entered into a marriage for the purpose of evading U.S. immigration law. This felony offense carries a prison sentence of up to five years and a fine of up to $250,000, and applies to both foreign nationals and U.S. citizens who perpetrate this crime.

 

https://www.ice.gov/sites/default/files/documents/Document/2016/marriageFraudBrochure.pdf

 

You didn't AOS  for her so at this point she is Illegal? you only divorced in January 2020 so she can use divorce papers to AOS if she pays but do you know she is doing this and legal?

 

BTW she isn't asking for money but you are still responsible for any money received as federal government benefit like medicaid (hard for anyone else to add her to an health care plan when she would at this point not have SS # and not have legal status

 

You do need to understand the AOS process as Florida adopted the bill against sanctuary cities and officials are suppose to cooperate with ICE to remove illegals 

 

After months embroiled in emotional testimony, protests, controversy and national news coverage, Sen. Joe Gruters’ version of a bill to ban “sanctuary cities” in Florida passed 22-18 in the Senate Friday. 

 

What happened in your last visa approval and is happening now are totally connected and you need to face the issues and go a bit slower now on  all yours plans .  

[David and Anna 118]

If ever there was a case where Annulment should be allowed...

 

Good luck to the OP, hope you find happiness and it works out for you.

 

[Chad9797 7]

Yes, that why I could not apply for adjustment of status.. After I found out about her other relationship she never came back. She kept prolonging signing the divorce papers because she thought she might be deported if she was divorced.. Thats why it took some time to finalize the divorce. I am not sure what her plan is now to try to get a green card.

 

All I can do is tell the truth and explain the situation to people at the interview.. There is nothing to hide.

[Chad9797 7]

If the borders were open I would have already been there to get married and would have applied for the spouse visa.. I was thinking about researching to possible get married in another country and meet her there..  but I am not sure how difficult that would be or if it is even possible.

 

Does anyone know if that is possible? and if there is any countries that have open borders that Americans and Filipinos can travel to with passports?

[Allovertheworld 355]

11 hours ago, Chad9797 said:

Yes, that why I could not apply for adjustment of status.. After I found out about her other relationship she never came back. She kept prolonging signing the divorce papers because she thought she might be deported if she was divorced.. Thats why it took some time to finalize the divorce. I am not sure what her plan is now to try to get a green card.

 

All I can do is tell the truth and explain the situation to people at the interview.. There is nothing to hide.

Your good, don't worry about the x or filing or not filing for Adjustment.  I am sure she will find a way to stay in the USA and probably never go back home, not your problem not your issue.

 

Go forward with you existing relationship and don't look back.

[Allovertheworld 355]

4 hours ago, Chad9797 said:

If the borders were open I would have already been there to get married and would have applied for the spouse visa.. I was thinking about researching to possible get married in another country and meet her there..  but I am not sure how difficult that would be or if it is even possible.

 

Does anyone know if that is possible? and if there is any countries that have open borders that Americans and Filipinos can travel to with passports?

Common destination that PI citizen go that don't require visa is: Hong Kong, Singapore, Thailand, Macau, Malaysia, Indonesia and taiwan is common vacation destination for them. Some Central American countries which is rare for them to go.

 

Just have to see which one works best for you to meet her in person.  I have no clue about getting married outside of USA or Philippines.

[Chad9797 7]

On 12/24/2020 at 7:30 AM, Allovertheworld said:

Common destination that PI citizen go that don't require visa is: Hong Kong, Singapore, Thailand, Macau, Malaysia, Indonesia and taiwan is common vacation destination for them. Some Central American countries which is rare for them to go.

 

Just have to see which one works best for you to meet her in person.  I have no clue about getting married outside of USA or Philippines.

Thank you.  I will investigate that and see when we are able to travel to those countries. 
 

[Chancy 6,233]

On 12/24/2020 at 4:03 PM, Chad9797 said:

If the borders were open I would have already been there to get married and would have applied for the spouse visa.. I was thinking about researching to possible get married in another country and meet her there..  but I am not sure how difficult that would be or if it is even possible.

 

The posts in this thread may help --

 

 

[sl1pstream 551]

On 12/23/2020 at 2:57 PM, JeanneAdil said:

So she used you for a green card and this is green card fraud

Okay, wasn't going to post but this made me.

 

Why are you assuming that she did that when everything (including the reason for this thread) is that he was looking for some fun foreign wife, made a very rash decision before things inevitably fell apart and they split. Instead of learning from that, he's just going to do the same thing all over again. Clearly they needed more time to get married and they didn't have that. He's about to do the exact same thing, having learned exactly nothing from last time.

Edited December 27, 2020 by sl1pstream

[Chad9797 7]

Time will tell.. What happens next, I believe I have found an amazing woman and everything will be fine.

 

I was not looking for a fun foreign wife the first time, I happend to meet her through a freind and we gave it a chance  Clearly it didn't work out.

 

This time I was looking for a quality woman .. since I was traveling to the Philipes for business I wanted to meet someone there.

 

She it a teacher and she speaks 4 languages and has a great family. She doesn't even care if she comes to the United states.. She would prefer that we live in Philipines. I wish that was possible but it's not an option.

 

Thanks for your opinions, but you are way off.... it's not a good idea to assume anything.