Marriage to US citizen within 6 months of their divorce

[forgetmenots 0]

Hi, I'm new here and need some advice. I'm in a relationship with a seperated soon to be divorced US citizen. He split from his wife nearly 3 years ago but never divorced as they have a child and they didn't want to go through the expense etc at the time. I met him just over a year ago, and we are now very much in love and wanting to start our life together so he and his ex are now in the midst of an uncontested divorce. It will only take another few weeks for it to be final and him to be free to remarry. My question is this, how much of a red flag is a marriage so soon after a divorce, even if we've been together for nearly 2 years by the time the wedding would take place? I never intended to marry on this trip (am actually here for an extended business trip on the vwp), its only just become an option if his divorce comes through in time. Is it better if I stay now and adjust, or leave and do the K1, or marry and do the CR1. What is the most recommended route? Thanks for any advice.

[Penguin_ie 5,997]

Can he prove that he was separated from his wife (ie separate residences, tax filings etc)? if so, I don't think it'll be a big deal, unless the ex is also a foreigner and got his greencard/ citizenship through your partner.

You could probably AOS, but to play it safe, and have more time to get your live abroad in order, I'd marry then leave and apply for CR-1.

[ceadsearc 516]

You will probably be more heavily scrutinized but that doesn't mean you'll be denied as long as you have strong evidence of your relationship. Evidence of separation helps as well. It's impossible to say what will go down exactly, but in my case I (the USC) was divorced 3 months before remarrying, but had been separated for two years and my divorce only took so long because there is a year-long waiting period in my state. We were, however, very heavily scrutinized because of it. They asked LOTS of questions about my ex - more than about my current husband! - and asked a lot about dates that things occurred, reviewed the documents numerous times, even question my daughter's paternity. But, we were approved.

[forgetmenots 0]

Thanks for your responses so far.

They still have some conjoined finances/insurance policies until the divorce goes through, but they have lived at seperate residences for 18 plus months now. We have plenty of evidence of a bona fide relationship, emails, phone records, flight tickets, hotel and other vacation receipts, skype records, affadavits from friends and family if necessary, even his daughter said she wants us to get married so she can have a little brother or sister . We are about to set up a savings account together to save for a downpayment if we decide to move.We just want to get started with our life together and all this paperwork is sooooo daunting!