Filing for spouse visa immediately after divorce

[Roundabout blues 3]

I am currently married to my spouse of 10+ years who received a spouse visa when we were married and is now a US citizen.  We will be getting a divorce this year.  I have been in another relationship for the past 2 years with someone who I want to apply for a spouse visa once the divorce is finalized.  We have a child together and have met several times.

 

My question is whether such a case might run into challenges due to the short amount of time between divorce and remarriage?  Both my current spouse and future spouse are from a country with high rates of marriage immigration fraud.

 

I know my situation might draw some moral  judgments and criticisms. That's fine- just please put them in a separate paragraph after your advice/comment about my question.  Thanks!

[Dashinka 25,848]

Certainly seems like this could draw some scrutiny from USCIS/consulate.  The fact that your most recent marriage lasted over 10 yrs may alleviate some of that.  How long after she naturalized did you separate?

 

Good Luck!

[Roundabout blues 3]

2 minutes ago, Dashinka said:

Certainly seems like this could draw some scrutiny from USCIS/consulate.  The fact that your most recent marriage lasted over 10 yrs may alleviate some of that.  How long after she naturalized did you separate?

 

Good Luck!

Thanks for the input. It was about 6 years after she got her citizenship.

[ineedadisplayname 529]

6 hours ago, Roundabout blues said:

I am currently married to my spouse of 10+ years who received a spouse visa when we were married and is now a US citizen.  We will be getting a divorce this year.  I have been in another relationship for the past 2 years with someone who I want to apply for a spouse visa once the divorce is finalized.  We have a child together and have met several times.

 

My question is whether such a case might run into challenges due to the short amount of time between divorce and remarriage?  Both my current spouse and future spouse are from a country with high rates of marriage immigration fraud.

 

I know my situation might draw some moral  judgments and criticisms. That's fine- just please put them in a separate paragraph after your advice/comment about my question.  Thanks!

If you are officially separated then it shouldn't cause any issues. Divorce takes time, money etc. 

 

I think as long as you have a timeline and not all this happened in the last 3 months (like meeting a new person, etc) , you should be fine. 

 

 

[Dashinka 25,848]

11 hours ago, Roundabout blues said:

Thanks for the input. It was about 6 years after she got her citizenship.

Might be some scrutiny, but timelines do not seem to indicate you are providing a path just for immigration purposes.  Make sure you have all your relevant relationship dates in order (i.e. when 1st marriage started to go under, when 1st wife naturalized, when next relationship started, etc.).

 

Good Luck!

[mniceguy16 215]

18 hours ago, Roundabout blues said:

I am currently married to my spouse of 10+ years who received a spouse visa when we were married and is now a US citizen.  We will be getting a divorce this year.  I have been in another relationship for the past 2 years with someone who I want to apply for a spouse visa once the divorce is finalized.  We have a child together and have met several times.

 

My question is whether such a case might run into challenges due to the short amount of time between divorce and remarriage?  Both my current spouse and future spouse are from a country with high rates of marriage immigration fraud.

 

I know my situation might draw some moral  judgments and criticisms. That's fine- just please put them in a separate paragraph after your advice/comment about my question.  Thanks!

Being married for 10 years and being in a relationship for 2 years while still married ,getting pregnant and having a child means you were 8 years in separation without a divorce. All these will attract some harsh questions and side eye from the CO, be prepared to answer  some "embarrassing" questions and both partners being from high fraud countries will be another hill to overcome.

[S2N 313]

1 hour ago, mniceguy16 said:

Being married for 10 years and being in a relationship for 2 years while still married ,getting pregnant and having a child means you were 8 years in separation without a divorce. All these will attract some harsh questions and side eye from the CO, be prepared to answer  some "embarrassing" questions and both partners being from high fraud countries will be another hill to overcome.

Consular officer won’t be able to ask OP questions unless he goes to the consulate, and while that’s something that isn’t advised anymore, it would 100% be something not to do in this case.

 

OP’s future wife will likely have to explain it, but I suspect they’d be less harsh to her than if he was also there.

[PGA 330]

20 hours ago, Roundabout blues said:

I know my situation might draw some moral  judgments and criticisms. That's fine- just please put them in a separate paragraph after your advice/comment about my question.  Thanks!

10+ years is a pretty long time and I'm sure they see relationships that dissolve much quicker all the time. However, did the spouse just recently become a citizen (if so, that may be more concerning)? Also, the whole meeting another individual and having a child together while still being married to current spouse I'm sure will raise an eyebrow.  

 

That said, is the United States completely out of potential spouses? I have been married to my spouse going on 15 years now and, God forbid something ever happened to our relationship, but I would NEVER EVER do the immigration thing again; too much work, too much stress, and too much money. 

[Roundabout blues 3]

3 hours ago, mniceguy16 said:

Being married for 10 years and being in a relationship for 2 years while still married ,getting pregnant and having a child means you were 8 years in separation without a divorce. All these will attract some harsh questions and side eye from the CO, be prepared to answer  some "embarrassing" questions and both partners being from high fraud countries will be another hill to overcome.

We are not separated. 

[SalishSea 18,462]

22 hours ago, Roundabout blues said:

I am currently married to my spouse of 10+ years who received a spouse visa when we were married and is now a US citizen.  We will be getting a divorce this year.  I have been in another relationship for the past 2 years with someone who I want to apply for a spouse visa once the divorce is finalized.  We have a child together and have met several times.

 

My question is whether such a case might run into challenges due to the short amount of time between divorce and remarriage?  Both my current spouse and future spouse are from a country with high rates of marriage immigration fraud.

 

I know my situation might draw some moral  judgments and criticisms. That's fine- just please put them in a separate paragraph after your advice/comment about my question.  Thanks!

Expect scrutiny as your timeline suggests you're bringing people here for the purpose of obtaining immigration benefit.

[SalishSea 18,462]

1 hour ago, PGA said:

That said, is the United States completely out of potential spouses? I have been married to my spouse going on 15 years now and, God forbid something ever happened to our relationship, but I would NEVER EVER do the immigration thing again; too much work, too much stress, and too much money

Many cultures will only marry people from their country/religion of origin.

[Roundabout blues 3]

1 hour ago, PGA said:

 

That said, is the United States completely out of potential spouses? I have been married to my spouse going on 15 years now and, God forbid something ever happened to our relationship, but I would NEVER EVER do the immigration thing again; too much work, too much stress, and too much money. 

🤣🤣 I know there are millions of potential spouses in the US and many more outside it's borders.  To each their own...

[Roundabout blues 3]

16 minutes ago, SalishSea said:

Expect scrutiny as your timeline suggests you're bringing people here for the purpose of obtaining immigration benefit.

I'm interested to hear what in the timeline would bring scrutiny above and beyond the normal?  I would think that someone who is "bringing people here" would try and do it more often, not after 10+ years.  As well, the person who I'll be applying for will be having my child so that doesn't lend itself as much to a commercial arrangement.

 

Also, you say "people" which is plural.  Does the timeline suggest that i brought my first wife here under false pretense?

 

Thanks for any clarification!

[OldUser 9,885]

11 minutes ago, Roundabout blues said:

Also, you say "people" which is plural.  Does the timeline suggest that i brought my first wife here under false pretense?

 

Thanks for any clarification!

More than one spousal / fiance visa sponsorship per your lifetime can raise a reasonable suspicion. Cross-border marriages and visa sponsorships are seen as exceptional by US immigration based on my perception on how immigration works.

 

Of course, if you sponsored somebody at age of 21, then they passed away and you're sponsoring somebody else at age of 60, that's different to sponsoring new immigrant within 5-10 years of sponsoring somebody else.

 

Even when you sponsor later in life it may open another can of worms, such as:

- Is US citizen sponsoring somebody for financial reward, since medical expenses etc increase as you get older?

- Are they sponsoring a disguised caretaker (especially if immigrant 10+ years younger)?

 

There's no 100% way of knowing what would happen. You may get more scrutiny, or you may not. It's a risk you and your new spouse may need to evaluate.

 

Edited June 16 by OldUser

[Roundabout blues 3]

6 minutes ago, OldUser said:

More than one spousal / fiance visa sponsorship per your lifetime can raise a reasonable suspicion. Cross-border marriages and visa sponsorships are seen as exceptional by US immigration based on my perception on how immigration works.

 

Of course, if you sponsored somebody at age of 21, then they passed away and you're sponsoring somebody else at age of 60, that's different to sponsoring new immigrant within 5-10 years of sponsoring somebody else.

 

Even when you sponsor later in life it may open another can of worms, such as:

- Is US citizen sponsoring somebody for financial reward, since medical expenses etc increase as you get older?

- Are they sponsoring a disguised caretaker (especially if immigrant 10+ years younger)?

 

There's no 100% way of knowing what would happen. You may get more scrutiny, or you may not. It's a risk you and your new spouse may need to evaluate.

 

Thanks for that insight.