Will I be approved?

[ombra75 0]

I received my citizenship through marriage (I am originally from Italy) and was wondering if that will have an impact on my current petition.

I moved to the US for work in 2004. In 2005 I met the man that I later married. I received my citizenship in June of 2009. Shortly thereafter my ex-husband filed for divorce. We divorced in August of 2009.

Late last year (2011) I fell in love with my best friend of 10 years who lives in Italy. In April of this year we decided we wanted to get married and filed for a K-1 fiance visa in June (we will marry when he comes here).

We should hear from DHS in about a week or so, but I'm a bit nervous. Is there a chance they will deny our petition because I received my citizenship through a previous marriage?

I've researched this topic a lot but have found no helpful information.

I appreciate any help you can give.

Thank you!!!

[Sarah Elle-Même 660]

You are a naturalized citizen, but a citizen nonetheless. You are entitled to petition for family members or a fiance for immigration to the U.S. Just be sure to give all the details of the previous marriage to your fiance, as it may come up at his interview.

The only time a petition can be denied due to previous marriages is if the US petitioner has already petitioned for 2 or more foreign fiances or if this is the 2nd petition in 2 years. Even this can be overcome through a waiver though.

Edited November 21, 2012 by Sarah and Adnan

[Penguin_ie 5,994]

The petition won't be denied, but the interview will be harder. No-one can tell you for sure whether your fiance will be approved or denied. They will view it as odd that as soon as you get your citizenship, which was based on marriage to a USC, you divorced. On the other hand, it has been three years between divorce and new petition, which is a positive.

[ombra75 0]

Thank you for your responses - much appreciated. I'll let you know how it goes.

[ombra75 0]

They issued an RFE ... is that bad??!!

[Altair17 9]

it a request for additiona information, what info are they requesting?

[Pinkrlion 2,724]

They issued an RFE ... is that bad??!!

They are asking for additional information from your petition. It maybe something that you forgot to add to your packet, that you will have to send in in order for them to approve your petition.

[ombra75 0]

I haven't gotten the letter yet. I just checked the status on USCIS site and it said they has sent an RFE. I'm guessing it will arrive early next week then I'll know what they are asking for.

On one hand, I'm happy because it means they've gotten to my petition and I haven't been rejected, on the other it means more waiting and some anxiety about what I forgot.

Hopefully it isn't anything serious and they will be quick in sending a response. It would be a nice Christmas present!!

[BABA70 2]

Did you include your waiver letter, divorce certificate and possibly a letter from your ex-husband to signify that you divorced legally. I got an RFE too about my ex-fiancee but when i submitted all necessary info my petition was Approved. My fiancee got her visa last week. Keep me posted on your RFE.