KingJames234

21 minutes ago, ROK2USA said:

Your passion for your relationship is admirable @KingJames234... members here are just warning you about potential issues so you can best prepare yourself.

And think about it, USCIS will not tell you what NOT TO DO if they are trying to stop fraud... LPRs are allowed to file for their spouses if they've been divorced less than 5 years if they produce a waiver... USCIS will not outline the indicators of fraud because then people will make sure to navigate around those indicators1.) waiting until they are USCs before divorcing  2.) make sure they are divorced X amount of years before"meeting" someone from their home country... 3.) making sure that partner doesn't adjust and they go through consular processing... 

We are telling you about the red flags your case already has. Everything could work out without issue but the members here are trying to tell you to not AOS or to make sure you are 100% about this relationship if you've just met the person because USCIS might suspect alternative motives behind your petition and you petitioning your partner. 

Thank you so much for even trying to stir me correctly and I appreciate it. I talk to my fiancée and we will move forward with the CR1 even if it takes longer she doesn’t want to also be home 8-12months when she has a good job back home. So we will wait and I can use that avenue to explore Europe more often ha ha and continue to know eachother. 
Since I won’t attend the interview overseas, I will submit evidence to back my previous marriage during the I130 application and if they need more evidence I can submit them as well. 
 

Thanks a lot and I appreciate looking out for us. 

12 minutes ago, ROK2USA said:

Suspicion might still arise because of the red flags @Mike E mentioned.

You should tell your friend to really think about his future with his partner and consider the alternative of living back in their home country OR Scotland if it is viable if consular processing is dragged out (due to USCIS scrutinizing the case).

One thing VJ is great at is preparing you for the worst case scenario. As it stands, everything could work out BUT sometimes USCIS will pick a case to investigate and leave the couple no choice but to relocate to another country. 

Good luck! And tell your friend I am happy they found happiness so soon after the end of their previous relationship. 

Thanks for you all comments. I am reading everything everyone is saying some +ve and others -ve. My previous marriage was not a scam marriage and I can speak to it and provide all the needed evidence. I am not a newbie to the AOS process. All I was asking was to evaluate my options outside filing i485. I enjoyed time with my ex wife but things didn’t work out unfortunately after four years. Was not an easy seven months divorce  process cos it was hard for me. Nothing is written that I have to stay xyears unmarried and not marry a foreigner. So if USCIS wants to scrutinize they are free to as well not that there are skeletons in the cupboard or anything. Thanks for your contributions you all. 

1 hour ago, Rocio0010 said:

Your friends seem very cosmopolitan!

Thanks everyone he has evaluated and they both agreed to go through CR1 they not in any hurry and they would not want to create unwanted suspicion or issues so they gonna go it that way. 

1 minute ago, iwannaplay54 said:

Seems well planned

The going through CR1. Thanks for your input!

Just now, Daphne . said:

Process here:

 

Thanks a lot ! 

1 minute ago, Daphne . said:

Process here:

 

Does it matter that they get married here in the US and she is applying for CR1 from overseas? 

4 minutes ago, Daphne . said:

It is a more kosher way of doing it for sure, but they’ll still need to be prepared for some scrutiny (for reasons already mentioned in this thread). 

Okay….so will she have to go to the interview alone in Scotland or he has to be there or just her alone how does the visa processing work any help thanks a lot I appreciate it

1 minute ago, Daphne . said:

Just look at it like this:of all the potential new partners who live in the US (including US Citizens), they happen to stumble upon somebody who is from the same native country on a tourist visa in the US and they want to file for an adjustment of status. 

I totally get it I recommended that they get married in the US and she goes back to Scotland and he applies he files I-130 for her (spouse of a US citizen) and wait on visa processing in Scotland. Hope this won’t not be a problem as well 

1 minute ago, Fromthemit said:

and i think this is one of the biggest issues she'll face when trying to come back in, i can easily see CBP denying her entry due to the fact that her now husband is a USC and them knowing that at any time she could be filling AOS within the country to avoid the consular process. I don't know if having a pending Consular application would help with that, so i cant really answer on that.

 

 

 

Okay, how long is consular processing taking now any idea? 

3 minutes ago, Fromthemit said:

These things happen in cases from all over the world.

One list of countries of high fraud cases goes as follows, this is not in order of fraud but in alphabetical order.

 

• China
• Ghana
• India
• Kenya
• Mexico
• Morocco
• Nigeria
• Pakistan
• Philippines
• Yemen

 

 

The burden of proof on your friend is between him and USCIS not between him and the members on here. 

 

If he can establish that the original marriage was indeed bonafide with-ought a reasonable doubt.

 

Your biggest issues are going to be the fact that she is here on a B1, once USCIS puts together the timelines on when they met it becomes obvious she arrived purely to circumvent the consular process.  Its not impossible but they will have a long journey ahead. And if they are unlucky could cause them to be denaturalized if its determined that the first marriage was only entered into to gain immigration benefits. So the question really is, are they willing to take that chance to do this now or can they wait it out by allowing more time to pass and go the proper route with fiancé visa's etc? 

This makes sense. So they can marry here and she can go back to Scotland and they can file through the consular but will her B1/B2 be cancelled when she applies for consular processing? Will she still be able to visit during this time? 

35 minutes ago, Mike E said:

Your friend is hoping to successfully pet ion his wife with a trifecta (three) red flags for fraud. 

I see what you mean don’t think there is fraud but thanks a lot. 

2 minutes ago, Mike E said:

Look’s like your friend is trying for the trifecta. 

What does that mean? Don’t get your message please can you elaborate? 

45 minutes ago, Mike E said:

IME that gap between marriages is not an issue, but that could be because we were fortunate.  We did have a tough ISO so if it disturbed him he would have brought it up.  
 

I think the real issue is the length of the previous marriage that enables the one to become a citizen and thus be in a position to petition someone else.  
 

My first marriage lasted 30 years.  Less than two years later remarried, and 2 years after that used my naturalization certificate to get a green card for my second wife.  

The length of his previous marriage was from around like Nov 2017 to March 2022. Length of marriage is about 4+ years. He naturalized in around Feb 2021.

47 minutes ago, Mike E said:

IME that gap between marriages is not an issue, but that could be because we were fortunate.  We did have a tough ISO so if it disturbed him he would have brought it up.  
 

I think the real issue is the length of the previous marriage that enables the one to become a citizen and thus be in a position to petition someone else.  
 

My first marriage lasted 30 years.  Less than two years later remarried, and 2 years after that used my naturalization certificate to get a green card for my second wife.  

2 hours ago, Unlockable said:

It is not just the previous marriage they will have questions about. They will also dog into the current relationship. 

 

Who is the new fiance and how did they meet? How long has your friend known this other person? Is she from the same country as your friend? If so, did he know her before or during his marriage? Was he in contact with her at all during his marriage? 

 

He can have evidence from his first marriage but they will look to see if the first marriage was just a means to an end to bring the current woman to the US. 

Thank you I appreciate your comments and heads-ups. 

So, he first had contact with his new fiancé when his divorce was ongoing he did not know his fiancé during the period of his marriage. 
 

His ex wife, himself and this current fiancé are all from the same country. 

The ex wife was the person who filed for divorce citing irreconcilable differences. Everything he tried to do to make her happy did not work…so there was nothing he could do since she wanted to leave. 
 

will this be an issue still? 

8 minutes ago, Lil bear said:

That the first marriage was bonafide and ongoing and not used for immigration and naturalization purposes. The shorter the time between naturalization, divorce and remarrying the higher the likelihood of scrutiny 

Gotcha. First married since 2017 and naturalized in early 2021 and got divorced judgement early to mid 2022 and planning to remarry early 2023. So that’s like remarrying one year after divorce and two years after naturalization and five year after first marriage. 
 

He has all the year of tax returns, lease, pictures, co-sign loan doc, insurance, account statements and credit cards. These accounts are now closed but he still has statements 

32 minutes ago, Jorgedig said:

He can expect scrutiny, yes.

What scrutiny can you elaborate if you can?

A close relative got his citizenship through marriage and one year or so later his wife filed for a divorce - irreconcilable differences. It’s being two years after he obtained his citizenship and one year after his divorce he is planning to remarry but now he need to file AOS for his new love. Looking out for him here will that be a problem during AOS? Any advice I could share with him?

4 minutes ago, Timona said:

8 months 

Okay, so how long to get the green card itself? 

Does anyone know how long it’s taking to get EAD now from filing i485? Filing from Hartford field office. 

1 minute ago, nastra30 said:

IMO, extremely low at this point; as intent was determined at entry. Don't worry too much about it. Again they should marry and file away if they want to do AOS. Tell your friend to sign up and ask any specific questions they might have.

Thank you and I will let him know. 

1 hour ago, Rocio0010 said:

While it might not be an issue, if officers are being sticklers they could say that she lied and they were more than friends. Low probability, but still a chance. Is that what they said?

@Rocio0010 and @nastra30 What are the probabilities for this to happen… Have you heard of any situations where it happened and how can they mitigate this? 

54 minutes ago, SteveInBostonI130 said:

 

Have your friend make an account here.  There are many forms he needs to fill out and fill out correctly.  If he wants to do it himself, then he should get involved here at VJ.

Thanks Steve. I will let him know he will set up an account as well. He intends to use a lawyer but he also wants to do research himself and have some basic knowledge. 

Just now, Rocio0010 said:

While it might not be an issue, if officers are being sticklers they could say that she lied and they were more than friends. Low probability, but still a chance. Is that what they said?

Hey Rico, no that is not what was said.m, they are yet to file the AOS but considering it. 

Just now, nastra30 said:

There is no 90 day rule. They should ahead and get married and file away.

Thanks a lot. Wow didn’t know that. I will let him know now. Thanks a lot. 

1 minute ago, nastra30 said:

Not a problem. The major task ahead for them is providing lots of docs/info to USCIS proofing bona-fide relationship between them. 

Okay thank you so much. I will let them know. I read the 90 days rule and I suggested they waited but they want to get married and don’t want to get in the way am I advising them wrongly?