Naturalized through marriage but now filing for a new spouse

[KingJames234 11]

A close relative got his citizenship through marriage and one year or so later his wife filed for a divorce - irreconcilable differences. It’s being two years after he obtained his citizenship and one year after his divorce he is planning to remarry but now he need to file AOS for his new love. Looking out for him here will that be a problem during AOS? Any advice I could share with him?

[SalishSea 16,826]

44 minutes ago, KingJames234 said:

A close relative got his citizenship through marriage and one year or so later his wife filed for a divorce - irreconcilable differences. It’s being two years after he obtained his citizenship and one year after his divorce he is planning to remarry but now he need to file AOS for his new love. Looking out for him here will that be a problem during AOS? Any advice I could share with him?

He can expect scrutiny, yes.

[KingJames234 11]

32 minutes ago, Jorgedig said:

He can expect scrutiny, yes.

What scrutiny can you elaborate if you can?

[Lil bear 3,840]

Just now, KingJames234 said:

What scrutiny can you elaborate if you can?

That the first marriage was bonafide and ongoing and not used for immigration and naturalization purposes. The shorter the time between naturalization, divorce and remarrying the higher the likelihood of scrutiny 

[KingJames234 11]

8 minutes ago, Lil bear said:

That the first marriage was bonafide and ongoing and not used for immigration and naturalization purposes. The shorter the time between naturalization, divorce and remarrying the higher the likelihood of scrutiny 

Gotcha. First married since 2017 and naturalized in early 2021 and got divorced judgement early to mid 2022 and planning to remarry early 2023. So that’s like remarrying one year after divorce and two years after naturalization and five year after first marriage. 
 

He has all the year of tax returns, lease, pictures, co-sign loan doc, insurance, account statements and credit cards. These accounts are now closed but he still has statements 

[Unlockable 7,306]

6 hours ago, KingJames234 said:

Gotcha. First married since 2017 and naturalized in early 2021 and got divorced judgement early to mid 2022 and planning to remarry early 2023. So that’s like remarrying one year after divorce and two years after naturalization and five year after first marriage. 
 

He has all the year of tax returns, lease, pictures, co-sign loan doc, insurance, account statements and credit cards. These accounts are now closed but he still has statements 

It is not just the previous marriage they will have questions about. They will also dog into the current relationship. 

 

Who is the new fiance and how did they meet? How long has your friend known this other person? Is she from the same country as your friend? If so, did he know her before or during his marriage? Was he in contact with her at all during his marriage? 

 

He can have evidence from his first marriage but they will look to see if the first marriage was just a means to an end to bring the current woman to the US. 

[KingJames234 11]

2 hours ago, Unlockable said:

It is not just the previous marriage they will have questions about. They will also dog into the current relationship. 

 

Who is the new fiance and how did they meet? How long has your friend known this other person? Is she from the same country as your friend? If so, did he know her before or during his marriage? Was he in contact with her at all during his marriage? 

 

He can have evidence from his first marriage but they will look to see if the first marriage was just a means to an end to bring the current woman to the US. 

Thank you I appreciate your comments and heads-ups. 

So, he first had contact with his new fiancé when his divorce was ongoing he did not know his fiancé during the period of his marriage. 
 

His ex wife, himself and this current fiancé are all from the same country. 

 

The ex wife was the person who filed for divorce citing irreconcilable differences. Everything he tried to do to make her happy did not work…so there was nothing he could do since she wanted to leave. 
 

will this be an issue still? 

[Mike E 11,724]

IME that gap between marriages is not an issue, but that could be because we were fortunate.  We did have a tough ISO so if it disturbed him he would have brought it up.  
 

I think the real issue is the length of the previous marriage that enables the one to become a citizen and thus be in a position to petition someone else.  
 

My first marriage lasted 30 years.  Less than two years later remarried, and 2 years after that used my naturalization certificate to get a green card for my second wife.  

[Mike E 11,724]

3 minutes ago, KingJames234 said:

Yes they are from African. This new fiancée is on B1/B2 currently. She is based in the Scotland where she works as a nurse. Getting remarried one year after divorce is bad? 

Look’s like your friend is trying for the trifecta. 

[KingJames234 11]

45 minutes ago, Mike E said:

IME that gap between marriages is not an issue, but that could be because we were fortunate.  We did have a tough ISO so if it disturbed him he would have brought it up.  
 

I think the real issue is the length of the previous marriage that enables the one to become a citizen and thus be in a position to petition someone else.  
 

My first marriage lasted 30 years.  Less than two years later remarried, and 2 years after that used my naturalization certificate to get a green card for my second wife.  

The length of his previous marriage was from around like Nov 2017 to March 2022. Length of marriage is about 4+ years. He naturalized in around Feb 2021.

 

47 minutes ago, Mike E said:

IME that gap between marriages is not an issue, but that could be because we were fortunate.  We did have a tough ISO so if it disturbed him he would have brought it up.  
 

I think the real issue is the length of the previous marriage that enables the one to become a citizen and thus be in a position to petition someone else.  
 

My first marriage lasted 30 years.  Less than two years later remarried, and 2 years after that used my naturalization certificate to get a green card for my second wife.  

 

[KingJames234 11]

2 minutes ago, Mike E said:

Look’s like your friend is trying for the trifecta. 

What does that mean? Don’t get your message please can you elaborate? 

[Mike E 11,724]

8 minutes ago, KingJames234 said:

What does that mean? Don’t get your message please can you elaborate? 

Your friend is hoping to successfully pet ion his wife with a trifecta (three) red flags for fraud. 

[KingJames234 11]

35 minutes ago, Mike E said:

Your friend is hoping to successfully pet ion his wife with a trifecta (three) red flags for fraud. 

I see what you mean don’t think there is fraud but thanks a lot. 

[Rocio0010 5,570]

10 minutes ago, KingJames234 said:

Does it depend on the countries now? 

There are some countries that are high fraud, especially in Africa. 

 

11 minutes ago, KingJames234 said:

calculate. This is still a problem?

Could be

 

11 minutes ago, KingJames234 said:

think that is relevant in this conversation

It is relevant to demonstrate that they want to be together regardless of where

[Rocio0010 5,570]

11 minutes ago, KingJames234 said:

I see what you mean don’t think there is fraud but thanks a lot. 

The law says that coming to the US on a B1 B2 with the intent to adjust is fraud. The law doesn’t care what you think.