Previous I-130 for ex-spouse

[yetanotherfaery 2]

Hi, I am wondering if anyone here has remarried (filed an I-130 a second time) and if that process differed from the first time around.

I'm divorced from my first husband and I attached our divorce decree to our application. He went back to his home country shortly before we divorced.

From this link, it states the petitioner requires an interview in that scenario:

https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-5

"When USCIS Requires an Interview for Standalone Family-Based Immigrant Visa Petitions"
Petitions for a spouse where the petitioner previously filed a spousal petition for a different beneficiary.

Has anyone gone through this before?

[pushbrk 13,639]

3 minutes ago, yetanotherfaery said:

Hi, I am wondering if anyone here has remarried (filed an I-130 a second time) and if that process differed from the first time around.

I'm divorced from my first husband and I attached our divorce decree to our application. He went back to his home country shortly before we divorced.

From this link, it states the petitioner requires an interview in that scenario:

https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-5

"When USCIS Requires an Interview for Standalone Family-Based Immigrant Visa Petitions"
Petitions for a spouse where the petitioner previously filed a spousal petition for a different beneficiary.

Has anyone gone through this before?

It's possible but usually not necessary. You say you provide divorce decree for that spouse.  Did you provide for all previous marriage terminations.

[yetanotherfaery 2]

2 minutes ago, pushbrk said:

It's possible but usually not necessary. You say you provide divorce decree for that spouse.  Did you provide for all previous marriage terminations.

Thank you for your reply. Yes, I provided the final divorce decree (triple sealed from my circuit court). I was wondering if it would raise any additional scrutiny with our case because I was married to a foreign national once before. 

[OldUser 10,073]

2 hours ago, yetanotherfaery said:

Thank you for your reply. Yes, I provided the final divorce decree (triple sealed from my circuit court). I was wondering if it would raise any additional scrutiny with our case because I was married to a foreign national once before. 

Yes it can. But nobody can predict.

[pushbrk 13,639]

6 hours ago, OldUser said:

Yes it can. But nobody can predict.

Correct that the case will get extra scrutiny. How much, or whether they would call the US Citizen for an interview at a local USCIS office is unpredictable.  It could be an extra minute of the adjudicator's time or more.  It would depend on the timing of all events.  They will notice anything that causes them to suspect the first marriage was immigration fraud. (Entered into for the sole purpose of obtaining an immigration benefit for the foreigner, instead of a bona fide marrital relationship.

[yetanotherfaery 2]

3 hours ago, pushbrk said:

They will notice anything that causes them to suspect the first marriage was immigration fraud. (Entered into for the sole purpose of obtaining an immigration benefit for the foreigner, instead of a bona fide marrital relationship.

I have a child from my first marriage with him, he also went back to his home country and didn't stay in the states.

[S2N 342]

17 minutes ago, yetanotherfaery said:

I have a child from my first marriage with him, he also went back to his home country and didn't stay in the states.

That’s fine, but it’s not an open and shut straightforward case because you previously sponsored an ex-spouse. Might be an issue. Might not be. Just means you can expect extra scrutiny.