Naturalized through marriage but now filing for a new spouse

[Redro 4,601]

13 minutes ago, KingJames234 said:

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

You don't think there is fraud but those 3 factors will make USCIS scrutinize the case. 

They might sit on the approval of the I-130 and/or I-485.

If your friend is serious about this relationship I suggest they marry and go through consular processing.

Staying and adjusting when she has a life in Scotland is problematic. 

Adding to this, the more people who stay and adjust the more people from your friend's country will find it difficult to obtain tourist visas because the consulate will assume they will stay and adjust even if they have ties to their home country/ country of residence.

If anything else, getting married and then consular processing will allow your friend's spouse to work as soon as she enters the US as an LPR adjusting might leave her in limbo where she cannot work or travel for 1-2 years. 

 

[Fromthemit 23]

9 minutes ago, KingJames234 said:

Non of those countries. Does it depend on the countries now? 
 

also divorce happened about one year plus after naturalization. His original USC spouse initiated the divorce and she had the cops called on him when he tried to object to the divorce is certainly not his fault. 
 

he is getting married one year after divorce and two year after naturalization from what I can calculate. This is still a problem?
 

As per the question you asked about going to live with his wife in African I don’t think that is relevant in this conversation. 

These things happen in cases from all over the world.

One list of countries of high fraud cases goes as follows, this is not in order of fraud but in alphabetical order.

 

• China
• Ghana
• India
• Kenya
• Mexico
• Morocco
• Nigeria
• Pakistan
• Philippines
• Yemen

 

 

The burden of proof on your friend is between him and USCIS not between him and the members on here. 

 

If he can establish that the original marriage was indeed bonafide with-ought a reasonable doubt.

 

Your biggest issues are going to be the fact that she is here on a B1, once USCIS puts together the timelines on when they met it becomes obvious she arrived purely to circumvent the consular process.  Its not impossible but they will have a long journey ahead. And if they are unlucky could cause them to be denaturalized if its determined that the first marriage was only entered into to gain immigration benefits. So the question really is, are they willing to take that chance to do this now or can they wait it out by allowing more time to pass and go the proper route with fiancé visa's etc? 

[KingJames234 11]

3 minutes ago, Fromthemit said:

These things happen in cases from all over the world.

One list of countries of high fraud cases goes as follows, this is not in order of fraud but in alphabetical order.

 

• China
• Ghana
• India
• Kenya
• Mexico
• Morocco
• Nigeria
• Pakistan
• Philippines
• Yemen

 

 

The burden of proof on your friend is between him and USCIS not between him and the members on here. 

 

If he can establish that the original marriage was indeed bonafide with-ought a reasonable doubt.

 

Your biggest issues are going to be the fact that she is here on a B1, once USCIS puts together the timelines on when they met it becomes obvious she arrived purely to circumvent the consular process.  Its not impossible but they will have a long journey ahead. And if they are unlucky could cause them to be denaturalized if its determined that the first marriage was only entered into to gain immigration benefits. So the question really is, are they willing to take that chance to do this now or can they wait it out by allowing more time to pass and go the proper route with fiancé visa's etc? 

This makes sense. So they can marry here and she can go back to Scotland and they can file through the consular but will her B1/B2 be cancelled when she applies for consular processing? Will she still be able to visit during this time? 

[Rocio0010 5,570]

1 minute ago, KingJames234 said:

but will her B1/B2 be cancelled when she applies for consular processing

Not necessarily. But of course. When she uses the B1 B2 to visit she needs to be honest with CBP if asked if she’s got relatives in here.

 

2 minutes ago, KingJames234 said:

Will she still be able to visit during this time? 

Entirely up to discretion of CBP

[Fromthemit 23]

1 minute ago, Rocio0010 said:

Not necessarily. But of course. When she uses the B1 B2 to visit she needs to be honest with CBP if asked if she’s got relatives in here.

 

Entirely up to discretion of CBP

and i think this is one of the biggest issues she'll face when trying to come back in, i can easily see CBP denying her entry due to the fact that her now husband is a USC and them knowing that at any time she could be filling AOS within the country to avoid the consular process. I don't know if having a pending Consular application would help with that, so i cant really answer on that.

 

 

 

[KingJames234 11]

1 minute ago, Fromthemit said:

and i think this is one of the biggest issues she'll face when trying to come back in, i can easily see CBP denying her entry due to the fact that her now husband is a USC and them knowing that at any time she could be filling AOS within the country to avoid the consular process. I don't know if having a pending Consular application would help with that, so i cant really answer on that.

 

 

 

Okay, how long is consular processing taking now any idea? 

[carmel34 3,532]

23 minutes ago, KingJames234 said:

So they can marry here and she can go back to Scotland and they can file through the consular but will her B1/B2 be cancelled when she applies for consular processing? Will she still be able to visit during this time? 

The tourist visa will not be cancelled providing that she does not overstay an I-94 or does not work while in the US.  Visiting on a current tourist visa and being admitted for short visits (a few weeks each time) throughout the consular spousal visa process may be possible if she can show strong ties to her home country (job, property owned, other responsibilities/commitments) if asked.  Of course she'll have to be completely honest when asked the purpose of the visit at the US point of entry, and when the I-130 petition is in the system, CBP will be able to pull it up on their computers.  Many others have done this successfully.

3 minutes ago, KingJames234 said:

Okay, how long is consular processing taking now any idea? 

1-2 years from filing the I-130 petition to visa interview.

Edited January 22, 2023 by carmel34

[Mike E 11,724]

44 minutes ago, KingJames234 said:

Okay, how long is consular processing taking now any idea? 

From I-130 filing to visa interview, 512 days:

 

https://www.visajourney.com/timeline/irstats.php?history=90

 

[Daphne . 1,692]

1 hour ago, KingJames234 said:

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

Just look at it like this:of all the potential new partners who live in the US (including US Citizens), they happen to stumble upon somebody who is from the same native country on a tourist visa in the US and they want to file for an adjustment of status. 

[KingJames234 11]

1 minute ago, Daphne . said:

Just look at it like this:of all the potential new partners who live in the US (including US Citizens), they happen to stumble upon somebody who is from the same native country on a tourist visa in the US and they want to file for an adjustment of status. 

I totally get it I recommended that they get married in the US and she goes back to Scotland and he applies he files I-130 for her (spouse of a US citizen) and wait on visa processing in Scotland. Hope this won’t not be a problem as well 

[Daphne . 1,692]

1 minute ago, KingJames234 said:

I totally get it I recommended that they get married in the US and she goes back to Scotland and he applies he files I-130 for her (spouse of a US citizen) and wait on visa processing in Scotland. Hope this won’t not be a problem as well 

It is a more kosher way of doing it for sure, but they’ll still need to be prepared for some scrutiny (for reasons already mentioned in this thread). 

[KingJames234 11]

4 minutes ago, Daphne . said:

It is a more kosher way of doing it for sure, but they’ll still need to be prepared for some scrutiny (for reasons already mentioned in this thread). 

Okay….so will she have to go to the interview alone in Scotland or he has to be there or just her alone how does the visa processing work any help thanks a lot I appreciate it

Edited January 22, 2023 by KingJames234

[OldUser 4,952]

14 minutes ago, KingJames234 said:

Okay….so will she have to go to the interview alone in Scotland or he has to be there or just her alone how does the visa processing work any help thanks a lot I appreciate it

The immigrant goes to consular interview alone.

[milimelo 4,230]

Beneficiary goes to interview alone - that's the normal way.

[Daphne . 1,692]

21 minutes ago, KingJames234 said:

Okay….so will she have to go to the interview alone in Scotland or he has to be there or just her alone how does the visa processing work any help thanks a lot I appreciate it

Process here: