Thinking of Remarriage

[csh2020 58]

Hello Fellow VJers.

I met someone and we are in a dating relationship. We are considering marriage a few months down the road. We are taking the time to get to know one another. Here are the issues that I could have to consider and your wisdom/help with this would be greatly appreciated. (Experience has taught me to listen to people with experience!) 

 

1. A few years ago, I sponsored an I-130 visa for my ex-wife ex-wife. Her three kids followed two years later with approved I-130 step-kid visas. We divorced. Then I married again and started the visa process with my new wife. The petition was received but then I canceled it one month later then we entered into divorce proceedings (see my other posts on the topic)  We moved on with our lives. 

So, this would mean that I have 4 petitions approved (spouse + 3 stepkids) and another submitted (wife) but canceled just one month after UCSIS they received it. I never received confirmation that it was canceled, however. But I assume so since nothing else came.

 

2. My potential spouse is undocumented and if we marry in the USA, I assume she will have to return to her home country - Honduras to wait out the decision? She is willing to do that, but I'm not sure if there is another option to allow her to stay to wait it out?

 

3. There is also an age difference - 28 and 55. Would that present a potential obstacle in proving bona fides? 

 

I just wanted to come here to ask your input/advice before making any steps into something that may or may not work out. I just want to see what I'm up against before proceeding into marriage with her. 

 

Please know that I want to be with her but I'm not jumping into another immigration marriage before weighing out all of the potential pitfalls, which is why I'm here asking people who have experience everything under the sun when it comes to immigration. Thanks for your candor!

[milimelo 4,795]

Are you actually divorced and past the waiting period (for your state) to get married again?

 

 

[Crazy Cat 45,054]

35 minutes ago, csh2020 said:

but I'm not sure if there is another option to allow her to stay to wait it out?

I know of no way.  She cannot adjust status through you if she entered illegally.  There are several serious issues here.  

1.  How old was she when she entered the US?  How long has she been in the US? She could require several waivers and/or have to serve a ban outside the US.

2.  How many of the people you have sponsored in the past still have Green Cards?

 

You should know that the current administration has instituted increased vetting of people seeking Green cards.  

Edited Tuesday at 04:38 PM by Crazy Cat

[S2N 402]

This would be a good case to consult with a lawyer on. Aside from the things Crazy Cat brought up, it’s not the norm for 28 year-old Honduran women in the United States without status to marry 55 year-old American men for love. That’s not a judgment on your relationship, but a statement of fact about the overall societal norms here.
 

Combined with the multiple green card marriages and divorces, this is going to raise multiple red flags for USCIS and State.

Edited Tuesday at 04:23 PM by S2N

[Crazy Cat 45,054]

I would think that an I-130 could place her on the radar.  Seems to me that a safer approach would be for her to leave the US, then start the immigration process with an I-130.  As @S2N indicated, this might be an uphill battle. 

Edited Tuesday at 04:27 PM by Crazy Cat

[appleblossom 4,747]

 

You did say you wanted candour, so I'm afraid I'm going to be a bit blunt. You got sucked in before by somebody that clearly wasn't legit, and this is ringing alarm bells and sounds like exactly the same thing is happening again. I'm not saying it's definitely fake on her side, but she's several decades younger than you and desperately needs a way to be able to stay in the US.

 

How did you meet this woman?

[Crazy Cat 45,054]

Honestly, I would be very careful....for multiple reasons. This could be a set up for disaster.

Edited Tuesday at 04:39 PM by Crazy Cat

[S2N 402]

Ignoring the other concerns, re: AOS, it’s important to know how exactly she entered the U.S. if we’re talking about someone who overstayed a visa or was waved through at the southern border without questions when that was a thing, then a lawyer might be able to get AOS here.

 

The key is whether she was procedurally inspected and admitted, and that’s why talking with a lawyer matters legally.

 

If she didn’t enter at a point of entry and was never inspected, I’d agree with @Crazy Cat, leaving the US and applying is likely your best option, but still consult a lawyer.

 

Also second everything @appleblossom said about the optics of this.

 

I think you should ask yourself some really tough questions, but if you’re committed to this course of action, this case is not a DIY case and the best thing to do would be consult legal counsel.

Edited Tuesday at 04:38 PM by S2N

[Daphne . 2,106]

You really want to rethink this. You’ve been had 2 times already, this is #3. The age gap in itself is not an issue, but do you think she ‘d marry a 55 year old in her home country? 
 

I understand that due to your religion you want/need to get married for different reasons (😅), but adding immigration and the circumstances to the mix really makes this more complicated. You’ve been used before and I am fairly certain it’s happening again. 

[S2N 402]

5 minutes ago, Daphne . said:

The age gap in itself is not an issue, but do you think she ‘d marry a 55 year old in her home country? 

It isn’t an issue in itself, but it absolutely is an issue the government can take into account when assessing likelihood of immigration fraud.

 

There are plenty of people with age differences that get green cards through AOS or consular processing. Most of them don’t have a petitioner with two former green card marriages that ended in divorce.

 

The age difference is a yellow flag on most applications that can be overcome. I think it’s a pretty large red flag here given the totality of the circumstances and I can’t imagine an ISO or consular officer not giving it significant weight.

[csh2020 58]

45 minutes ago, milimelo said:

Are you actually divorced and past the waiting period (for your state) to get married again?

 

 

Yes. I've been  divorced since April. But again, I'm not getting married again for at least 4-6 months from now. I'm just processing this through.

[Lemonslice 5,292]

Read the last paragraph of your last post.

 

 

Did you do the therapy part?  External eyes might help you see more clearly.  

 

Immigration wise, a lot depends on the details of her last entry in the USA.  Would be a good idea to discuss with a lawyer/legal aid.

 

https://www.immigrationadvocates.org/legaldirectory/
 

Some resources to share with her: 

 

https://miracoalition.org/news/know-your-rights/

 

 

 

[appleblossom 4,747]

4 minutes ago, csh2020 said:

Yes. I've been  divorced since April. But again, I'm not getting married again for at least 4-6 months from now. I'm just processing this through.

 

That's still really, really quick. Most people don't get married after such a short time together, who's pushing for marriage so early in the relationship? 

 

Can I suggest you go back and read your previous thread again, and remember how you were scammed before and nearly lost your house and church over it? It would be awful to make the same mistake again - not saying that's definitely what's happening, but it's worth looking at with that mindset. 

 

Best of luck to you. 

[csh2020 58]

I knew when I brought this up that the issues would be addressed. I'm no longer one who lets my heart overpower my head - in that way, I'm a bit stoic. Experience has somewhat jaded me to it all. I guess you all are stating what I'm already thinking. I really like her but I don't want to end up on another broken path. I'm just being cautious. There is a saying: "sometimes the juice isn't worth the squeeze." I am not blinded by love because I have learned to watch for signs. I'm just getting to know her and I am not even sure if marriage is even an option but I'm just asking if we did marry, what would be be up against? 

 

I think she would have to go back to her home country to wait it out? As for me, I'm not sure that I'm prepared to live in separate countries again for up to two years - been there and done that and it was the hardest thing I've ever experienced. Just thinking out loud as I process all of this. 

 

I love being part of such a wonderful community- I honestly feel your support! Thank you!

[Crazy Cat 45,054]

Wait a minute....  @csh2020, I remember your last case here.  Is there any chance your current fiance knows the woman you just divorced?