Big red flag?

[ceadsearc 516]

Then her overstay shouldn't be an issue.

[JimVaPhuong 4,863]

i have no idea what this guy would say but i guess anything is possible. she would only be able to do an AOS if he passed his citizenship test though correct? she couldn't have done it since he only had a GC right?

Yes. As others have pointed out, the spouse of an LPR has to wait for a visa number to become available before they can adjust status. That would currently take about three years. However, that wouldn't eliminate any suspicion that she married him to get a green card. You said he tried to become a US citizen before, but failed - he could have told her he was going to become a USC soon. He also concealed the fact that he had children from a previous relationship - two strikes against him on the I-864. He also hadn't paid his taxes - another big strike on the I-864.

Do you see where I'm going with this? These are circumstances that, once discovered, make him much less likely as a candidate to help someone get a green card by marriage. But she didn't know this stuff when she married him.

As I said before, because the relationship was relatively short, and the marriage was very short, an immigration officer could conclude that she bailed out on the marriage as soon as she realized she wasn't going to get a green card through him anytime soon. She married you, a US citizen, very soon after her divorce was final. The timeline and circumstances probably will look suspicious to an IO.

I'm really not sure how you could prove the first marriage was not an aborted attempt to evade immigration law, especially since her previous husband won't cooperate with her. If the IO calls her previous husband and he even insinuates that she married him for a green card then she's toast.

[Luckygoat 2]

the space between marriage #1 and #2 is not too close so that is a good thing, but i am worried about her entering in the U.S and the next month she was already making previsions to stay here. That is going to look like her intent was visa fraud. I think you guys should be ok, just be prepared to have your whole interview based on this situation. She needs to get all her dates together and be ready for the interview. They can tell everything from their end, just how much visas etc she applied for so she needs to confident and truthful.

[sachinky 465]

The time-line will most likely seem suspicious to a CO. Be prepared for a Stokes would be my advice.

[JimVaPhuong 4,863]

the space between marriage #1 and #2 is not too close so that is a good thing, but i am worried about her entering in the U.S and the next month she was already making previsions to stay here. That is going to look like her intent was visa fraud. I think you guys should be ok, just be prepared to have your whole interview based on this situation. She needs to get all her dates together and be ready for the interview. They can tell everything from their end, just how much visas etc she applied for so she needs to confident and truthful.

Her relationship with her new husband began two months after she left her first husband. Two months later she filed for divorce from her first husband. He dragged his feet signing the divorce papers, but finally did four months later. 1.5 months after her divorce was final she married her new husband. I don't know... that sounds pretty "close" to me.

[Pupsik 4]

The time-line will most likely seem suspicious to a CO. Be prepared for a Stokes would be my advice.

im not too worried about a stokes interview because our relationship is real. i cant say anything about their relationship because i wasn't in it.

not sure if this would warrant an initial stokes interview or not. usually they have to have suspicion that the current relationship is fraud and do separate interviews to test the validity of the marriage. our big issue is the previous marriage and timeframes. so i guess we are ready for a stokes in that respect

[juliava 80]

The only positive fact about her first marriage is that she didn't apply for AOS. I know she couldn't but had that been possible, things could've been more complicated than they currently are.

Nonetheless, be prepared for the possibility of a rocky AOS interview as the other users advised, but don't lose your optimism if your marriage is real. At this point only time will tell what's gonna happen. Good luck!

[JimVaPhuong 4,863]

im not too worried about a stokes interview because our relationship is real. i cant say anything about their relationship because i wasn't in it.

not sure if this would warrant an initial stokes interview or not. usually they have to have suspicion that the current relationship is fraud and do separate interviews to test the validity of the marriage. our big issue is the previous marriage and timeframes. so i guess we are ready for a stokes in that respect

The circumstances of the previous relationship are what make the current relationship suspicious. If they think she entered the previous marriage because she thought she was going to get a green card out of it then they'd presume the same applies to the current marriage.

Juliava is correct - it's a good thing she never tried to apply for any immigration benefit based on the first marriage. She actually could have tried to get a green card with a VAWA petition. They could still conclude she entered the first marriage primarily to evade immigration law, but they couldn't accuse her of misrepresentation because she never represented anything to USCIS.

I'm not so sure they'd resort to a Stokes interview in this case. As you said, it's the previous relationship that will raise their suspicions. I would sort of expect them to focus their investigation more on the first marriage. I could be completely wrong, though. Maybe you'll sail through the interview without any problems. Maybe they'll separate you and grill you both for two hours. The one thing I've come to expect from USCIS is that you never know for sure what to expect. Better to be prepared for the worst, though.

[Pupsik 4]

yeah Jim...thats what we are trying to do and is the thought behind this whole thread. just trying to be prepared for whatever they could throw at us. knowledge is power!

[CC90 90]

Even if they conclude that your current relationship is legitimate, her previous relationship will be in question because, according to the IMFA of 1986, any alien who engages in marriage for the sole or primary purpose of evading immigration laws (i.e. fraud) is inadmissible, regardless of her legitimate marriage to you.

If they conclude that her previous marriage was a sham, they can declare her inadmissible and deny her 485. Procedurally, it is written that if USCIS has even minute evidence of a sham marriage, they will deny it outright and have you state your case on appeal or in front of a judge.

Clearly, the fact that he wasn't a citizen and that she was out of status helps your case (in my opinion), but I would be very prepared to answer questions about it. I'd also consider getting legal advice.

Edited August 16, 2011 by CC90

[Pupsik 4]

Even if they conclude that your current relationship is legitimate, her previous relationship will be in question because, according to the IMFA of 1986, any alien who engages in marriage for the sole or primary purpose of evading immigration laws (i.e. fraud) is inadmissible, regardless of her legitimate marriage to you.

If they conclude that her previous marriage was a sham, they can declare her inadmissible and deny her 485. Procedurally, it is written that if USCIS has even minute evidence of a sham marriage, they will deny it outright and have you state your case on appeal or in front of a judge.

Clearly, the fact that he wasn't a citizen and that she was out of status helps your case (in my opinion), but I would be very prepared to answer questions about it. I'd also consider getting legal advice.

i hear what you are saying but she never filed for an adjustment with him. so as others have stated she has not misrepresented herself anywhere.

[CC90 90]

i hear what you are saying but she never filed for an adjustment with him. so as others have stated she has not misrepresented herself anywhere.

Misrepresentation and entering into a marriage with the "primary or sole purpose of evading immigration laws" are separate grounds of inadmissability. Misrepresentation is one ground--fake marriages, adjustment or not, is another, unfortunately.

I don't think it will get this far, but they do have the power to make this assertion and deny the application on this basis.

[Pupsik 4]

instead of starting a new thread for now i will just add to this one:

Got an RFE and was worried sick about what it was for. It came today and it seems I forgot to sign one section of the 485. In sending the form back, should I send it priority again with tracking??? They included the page that I need to sign. Should I send back the cover letter they sent as well or just the missing part they need? the cover letter has our file number and the barcode to our file...

[Pupsik 4]

never mind...re-read the letter....gonna send out priority tomorrow...

[JimVaPhuong 4,863]

never mind...re-read the letter....gonna send out priority tomorrow...

Good luck, and keep us posted!