Filing for spouse visa immediately after divorce

[S2N 220]

22 minutes ago, Roundabout blues said:

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!

I think what they’re trying to say is that while multiple spousal petitions isn’t necessarily uncommon — I have a family member who IR-1’d his first wife from a country he was deployed to as a service member and then got a K-1 for his second wife from the same country 15 years later after being divorced five years — what would be unexpected is that you divorce someone you sponsored and then immediately file to sponsor another intending immigrant.

Do the current wife and future wife know each other? If so, when did they meet? How did you meet both women? How long after your current wife naturalized did you start a relationship with your future wife? Did you and your current wife maintain a family life in the U.S. while you were visiting your other family overseas? How did you manage to maintain two families in two countries?
 

You don’t need to answer all those here, but those are questions you should have in mind when filing the petition/writing a cover letter and your future wife should have in mind when getting interviewed. Those aren’t questions of judgement — the situation you’re describing is just very abnormal and the government might want to know the answers.

 

Trying to commit  immigration fraud for friends and relatives via one USC sponsor is a thing and depending on the country can be common. USCIS normally doesn’t flag things for fraud and just lets the consulate sort it out, but there might be red flags here even for them.

 

This is a case where a lawyer who is both competent and familiar with the region of the world your future/current spouse is from might be useful.

 

Edited June 16 by S2N

[PGA 321]

43 minutes ago, SalishSea said:

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

Good point. Though I can drive a few miles from my house and probably meet someone else from Peru, Mexico, Pakistan, Saudi Arabia, Germany, Czechoslovakia, or about a million other places.  

[S2N 220]

2 minutes ago, PGA said:

Good point. Though I can drive a few miles from my house and probably meet someone else from Peru, Mexico, Pakistan, Saudi Arabia, Germany, Czechoslovakia, or about a million other places.  

And this is the norm for many immigrant groups within the U.S. where that’s the custom.

[Ryan H 3,879]

Moved from Progress Reports to Process & Procedures.

[jan22 3,168]

Are you/your spouses from a country that permits multiple marriages?  If so, you may have more problems than others have expressed here.  
 

You said you are not divorced from the first wife and have not physically separated either, if I understood correctly.  You plan to divorce her and immediately petition your second wife.  Since you are still living with the first wife up to now, if the home country allows multiple marriages, this will likely cause questions about whether your intent is to divorce wife #1 (but still maintain a relationship with her) in order to immigrate wife #2.  If you cannot convince the officer this is not the case, the visa will likely be denied under 212(a)(10)(A), as it is illegal to immigrate a spouse(s) to practice polygamy.

If not from a country that allows multiple marriages, there may be some questions asked about possible dual relationships, or marriage strictly for immigration purposes, but it might be easier to convince the officer as to your intentions.

 

Edited Sunday at 06:26 PM by jan22