Help! Seeking advice for a complicated case for a dear friend

[Starlight95 1]

Hi folks,

I thought you would be the right folks to seek advice for this case concerning my friend. She has been frantically worried after getting some advice from a so called immigration counselor. Here is her story, and its really sad but true. A close friend of mine got married to some guy she met online and he was from India as well and he was actually working in UAE. So, they got married in April 2006 after they met each other in india with the consent of the parents. Well, anyways there is more stuff involved in this case, but to make a long story short after staying with him for some time in the middle east they both returned to US once got his green card. Then he only stayed in US for two and flew back while she started planning their life here and with no cause he divorced her and told her he did not want to move to US. HE was just looking for an excuse, and he only stayed here for two weeks and she submitted the letter to USCIS for the reasons to cancel the green card. The divorce happend in Sept 2008. Well, anyways recently thanks to her parents and supportive family member she was introduced to a good guy and to be on the safe side she filed for a fiance visa. But, she spoke to someone and they are telling her because of her first marriage she might get a lot of RFE's and her petition will be delayed. She has submitted all the evidence pictures of her engagement and she travelled to see her fiance. I told her she has nothing to worry about, but this immigratio counselor told her since she is planning to get married so soon that they might not buy this since its before 5 years. She petitoned for her fiance in April 2009 as the days are getting closer she is geting worried. Please let me know if you know of anyone in this similar situation and let me know what the outcome is. I hope I can shed some light on the situation for her. I told her to see an immigration attorney, but she has no funds right now to talk to one. She is afraid her case may get delayed for a long time. What do you guys think? I told her since he stayed her for only two weeks and did not want to come back it might not be a problem. She just hopes her case does not get delayed. This is her first K-1 visa petition the prior one was a K-3.

Edited June 29, 2009 by Starlight95

[Old Dominion 26]

So long as she provided proof of her divorce, and ample proof of the new relationship, there should be no problem for now, unless there are other factors not listed. There is no such thing as a 5-year waiting period after a divorce.

[Naito 0]

Make sure your buddy includesall of those pieces of evidence in the petition, and there should be no issues. In a case like this, the more proof, the better!