Needing Advice about Petitioning a Foreign Spouse after past K1 Visa Marriage was Annulled due to Fraud

[TXMan322 16]

Hello,

 

I've searched through the forums for a while and I don't see any other cases quite like mine so I was hoping I could get some advice from someone about my situation.  If I missed a similar post, please feel free to post a link and I'll check it out.

 

After 18 months of waiting, my K1 fiancé from the Philippines came to the USA on November 1, 2023.  After 1 month, we were married in a civil ceremony at the courthouse. After marriage she started acting "standoffish" whereas before she was always sweet and attentive.  This continued for a while and it led to arguments.  I pressed her about what was going on and she had no answer.   It got so bad, that I told her if she regretted coming to the USA, or if she didn't love me anymore, that I would pay her expenses to go home.  That's when she hit me with "I'll never leave this country!!"  That was a shock to hear considering I thought the only reason she came here, was to be with me.  Three days later, I woke up and she was gone.  At first I thought she had taken a morning walk as she would sometimes do for exercise.  When she didn't come back for over an hour, I went in the car to try and find her but didn't see her.  I filed a missing person police report later that day, they came out to the house to look around.  The officer asked if I had called her phone and I said of course (no answer) but that gave me the idea to check our phone records.  Some backstory:  When she arrived to the USA, I met her in San Francisco at the POI to escort her back to Texas.  At that time I handed her a newly activated phone seeing how her old phone and sim card wouldn't work here.  Long story short, when I checked the phone records, it showed over 600 text messages and calls sent to an unknown Las Vegas number.  The first text to the number occurred literally 15 minutes after I met her at the airport!  And remember at that time she had no contacts in the new phone, so this was a number she had memorized already.  When I called the number a guy answered.....when I asked who he was...he hung up.  Subsequent calls went unanswered, I think I was blocked.  Anyway, the calls and texts to that number continued until the day she disappeared  So I knew then that I had been manipulated/used to get her here.  I don't know honestly what her end game was/is, other than to have me support her and her children (still in the Philippines) for over 18 months, pay all the fees, buy tickets etc etc to get her here, but she had plan B with another guy.  A month after she left, my sister saw her in the town where she lives (50 miles away) at a shopping mall with a guy.  My sister called me crying and could barely speak she was so upset.  But she had the sense to call out her name (she had only met her once briefly so want to see if it was really her) and when she turned, snapped a photo of her.  So the number was a Las Vegas number, but maybe the guy had moved to Texas recently?  Doesn't matter at this point.  Needless to say, once I had accepted the fact that I had been played, I set about filing for an annulment.  After 3 months it was granted on grounds of marriage fraud. I sent the annulment papers as well as the evidence I had to USCIS so they could attach it to her case file.  Just so you know, I hadn't started processing her AOS or other paperwork so she could get her permanent resident card.  And because of that, legally she was supposed to leave the country back in January or February, which I seriously doubt she did

 

Now (finally sorry) we get to my current situation.  A while after all this went down, I met another foreign lady.  We started out as just friends, but it's gotten more serious and we have been discussing recently about getting married at some point (no rush) in her home country vs. doing the fiancé route again.  My question is, how will this past fraudulent marriage and subsequent annulment affect the petition for my future wife?  She has never been married before, whereas I have had a past "legit" marriage (14 years, 2 great kids) and then this fraud situation.  I would assume the immigration folks would scrutinize the petition a little more, but is there anything else I should worry about?  I have heard that there is a 2 year rule about filing another I-129F.  We are well beyond that as it was filed in May of 2022.  But seeing how this would be an I-130 case anyway, is that rule even applicable?

 

Any insight would be appreciated.  Thank you.

 

 

[Boiler 45,672]

Is this also the Philippines?

 

If you marry you will file the I 130 not the I 129f

 

Yes we have seen similar situations, I remember one who disappeared at the airport. And yes we have had members who have filed multiple times. Successfully.

 

[TXMan322 16]

No, my current girlfriend is from Colombia.

 

Thanks for the info.  I'm hoping more people chime in with their experiences or stories they have relating to this topic.

[Boiler 45,672]

I think the VJ record is 5, you will probably find them in the PI section.

[KMG 131]

5 hours ago, TXMan322 said:

No, my current girlfriend is from Colombia.

 

Thanks for the info.  I'm hoping more people chime in with their experiences or stories they have relating to this topic.

Make sure you really know this Colombian woman... This is a high fraud country also.

[SalishSea 17,928]

Are you even divorced yet?   

[Marieke H 2,519]

1 hour ago, SalishSea said:

Are you even divorced yet?   

OP stated that the fraudulent marriage was annulled:

11 hours ago, TXMan322 said:

I set about filing for an annulment.  After 3 months it was granted on grounds of marriage fraud. I sent the annulment papers as well as the evidence I had to USCIS so they could attach it to her case file.

 

[discoverusa 277]

I am sorry this happened to you. Good luck next time. 

[SalishSea 17,928]

21 minutes ago, Marieke H said:

OP stated that the fraudulent marriage was annulled:

 

Ah, I see that now.   Wow, that seems lightning fast.

[TXMan322 16]

8 minutes ago, SalishSea said:

Ah, I see that now.   Wow, that seems lightning fast.

In Texas there is no waiting period after filing the annulment petition.  I had to wait a little less than 3 months due to the court's schedule.  Every state is different.

[Marieke H 2,519]

I'm sorry this happened to you, but I am glad you were able to have this marriage annulled and move on with your life. I would expect a bit more scrutiny with a new petition, but that can be overcome by spending a lot of time in person with this new woman before jumping into marriage.

Edited October 17 by Marieke H

[TXMan322 16]

2 hours ago, Marieke H said:

I'm sorry this happened to you, but I am glad you were able to have this marriage annulled and move on with your life. I would expect a bit more scrutiny with a new petition, but that can be overcome by spending a lot of time in person with this new woman before jumping into marriage.

 

Thanks...

Edited October 17 by TXMan322

[top_secret 2,451]

It seems the first one misunderstood adjustment of status.😆🤣.  If Vegas person wasn't willing or able to sponsor her in the first place, I assume she is now overstayed and is, as they say in the Philippines, "TNT" (tago ng tago).  Living constantly in hiding due to her overstayed visa.  In all, it is a pretty good outcome for a scammer case.

 

The advice given by others is probably most critical. Time spent together in person is most important for both for USCIS and for actual relationship building.  USCIS understands that anyone can fake anything online and even in person for a few weeks.  There is a bit of wisdom in their mindset.

[Nous Eb 128]

Very sorry that happened to you. But instead of worrying about what USCIS might think, I think you should be the one this time to scrutinize this relationship and spend a lot of time together before you get yourself in the same situation. Good luck.

[Boiler 45,672]

I was wondering what the plan was, there is the I 130 and I 601a route but seems a messy way assuming this was all planned.

 

No  one will ever know, perhaps she was ignorant, perhaps she does not care? I know people who are here without documentation, they just live their lives.