Remarriage timing for CR1 visa

[Amhir 0]

I am a citizen and my boyfriend is an Indian citizen beneficiary. I was divorced in 2021. He will be divorced next week (early July) but has been separated with a mutual consent divorce decree since July 2021. I will visit india in august when we plan to get married. It is a true genuine relationship which we have plenty of proof for from my visit to india earlier this year. My question is: does getting married in august raise a red flag with the immigration officers as his legal divorce will be in July (I.e too soon)? Our goal is just to be together asap so we want to get married and the visa process started asap. 

[Terry Howard 1]

4 hours ago, Amhir said:

I am a citizen and my boyfriend is an Indian citizen beneficiary. I was divorced in 2021. He will be divorced next week (early July) but has been separated with a mutual consent divorce decree since July 2021. I will visit india in august when we plan to get married. It is a true genuine relationship which we have plenty of proof for from my visit to india earlier this year. My question is: does getting married in august raise a red flag with the immigration officers as his legal divorce will be in July (I.e too soon)? Our goal is just to be together asap so we want to get married and the visa process started asap. 

Really???

[arken 4,197]

27 minutes ago, Terry Howard said:

Really???

What's wrong with two divorcees marrying?

 

To the OP:

Your husband could be questioned for sure considering timing, however as long as it's genuine relationship and you have evidences of it, approval is likely.

 

I'd suggest to have a cultural wedding rather than just a court marriage. It will carry more weight in the eyes of the CO.

[Verrou 1,962]

yes you can marry 

will they question ur future husband? potentially. but if it's genuine, then u have nothing to worry about

make sure he have divorce decree / certificate on hand before you guys got married

 

Edited July 1, 2022 by Misscloud

[carmel34 3,638]

5 hours ago, Amhir said:

I will visit india in august when we plan to get married.

Getting married on the second visit, with the first while he was still married, may lead to scrutiny of the relationship being bona fide.  I recommend at least one more visit to spend time together after the marriage trip before filing the I-130.  Then visit a few more times, as often as you can, while waiting for the I-130 petition to be adjudicated (could be a year or more), and submit evidence of those trips (passport stamps, original boarding passes, hotel receipts, a few photos together), at the NVC stage (side-loading).  Also look into some financial co-mingling evidence to submit with the I-130 or NVC stage such as listing your husband as a beneficiary on your US health insurance, bank accounts, life insurance, retirement accounts, and as an authorized user on a US credit card account.  Good luck!

[Daphne . 1,886]

Even though technically there is no rule on how soon your boyfriend can get married after his divorce, immigration is very much about nuances to determine the totality of your case. Will this be your first visit to him? 

As others stated as well, make sure that you have as much proof of a bona fide relationship as possible, multiple visits will be part of that.

[Chancy 6,241]

*** Moved from Bringing Family of USC forum to IR1/CR1 Process & Procedures ***

 

[pushbrk 12,968]

11 hours ago, carmel34 said:

Getting married on the second visit, with the first while he was still married, may lead to scrutiny of the relationship being bona fide.  I recommend at least one more visit to spend time together after the marriage trip before filing the I-130.  Then visit a few more times, as often as you can, while waiting for the I-130 petition to be adjudicated (could be a year or more), and submit evidence of those trips (passport stamps, original boarding passes, hotel receipts, a few photos together), at the NVC stage (side-loading).  Also look into some financial co-mingling evidence to submit with the I-130 or NVC stage such as listing your husband as a beneficiary on your US health insurance, bank accounts, life insurance, retirement accounts, and as an authorized user on a US credit card account.  Good luck!

The relationship is going to be scrutinized plenty, no matter what.  Contrived financial co-mingling won't be helpful.  Beneficiary changes are good and NOT contrived.

 

Evidence of time together in person is always the best evidence of a bona fide relationship, but is more meaningful to a Consular Officer than to USCIS.  In my opinion, there is no need to wait until after a third visit to file, but more visits in the next 18 to 24 months (before the interview) will be helpful.

[SalishSea 17,915]

21 hours ago, Amhir said:

I am a citizen and my boyfriend is an Indian citizen beneficiary. I was divorced in 2021. He will be divorced next week (early July) but has been separated with a mutual consent divorce decree since July 2021. I will visit india in august when we plan to get married. It is a true genuine relationship which we have plenty of proof for from my visit to india earlier this year. My question is: does getting married in august raise a red flag with the immigration officers as his legal divorce will be in July (I.e too soon)? Our goal is just to be together asap so we want to get married and the visa process started asap. 

How did you get your US citizenship?  Through your former spouse?

[Amhir 0]

28 minutes ago, Jorgedig said:

How did you get your US citizenship?  Through your former spouse?

No. I immigrated here as a kid and naturalized

[Redro 4,611]

@Amhir you should double check the laws of India. 

How soon is he allowed to re-marry after the divorce is finalized?

I know some countries have a waiting period of 60-90 days. 

If you marry too soon the marriage might not be valid for immigration. I am aware some members have been caught by the rule and had to re-marry and re-file after the interview. 

 

As long as you have a lot of good evidence of time spent in person you should be okay. Some other members have had overlapping relationships with no issue with immigration.