Jump to content
jckay

Husband US Citizen and Wife British Citizen

By jckay in IR-1 / CR-1 Spouse Visa Process & Procedures

 Share

30 posts in this topic

Recommended Posts

jckay Apprentice

jckay   4

Posted
Filed: IR-1/CR-1 Visa Country: United Kingdom
 Timeline
Posted

Hello VJs,

I'm kind of new here and I have few questions to ask, sorry if my questions sound pathetic.(will try to give as much details as I can give and be precise) I'm an American Citizen, I and my Ex-Wife came to United states from Nigeria in 2005 after I won the Green Card Lottery, I live and work in the states. I've been separated from my ex-wife since Jan 2008 and I filled for divorce on 06/04/2012 and finally got divorced nn 09/15/2012. I got married to my new wife on 11/24/2012 just last month in Nigeria (She travelled to Nig for the wedding from UK , I did from US). She's a British Citizen as well, lives and work in UK. Since 2009 she has visited me in US more than 15 times using her British passport and has never overstayed even a minute. We came together to US for honeymoon, she wanted to stay but i advised her to go back to UK and will start filling for her. She left last Saturday. I want to start the I-130 filling process, i'm just scared if I won't have problem because the wedding took place just 2 months after my Ex divorce was finalized, In Maryland where I live, you can re-marry 24hrs after divorce. Will this be a problem or not.

Another question, Her Father is a US citizen and lives in US and her mother is a British citizen living in UK, does't the situation speed up the filling process or it doesn't affect it. I was hoping it would speed up the filling process. Should I file for the i-130 if there will not be any problem and if there will be problems should I just let her come here and then change status after she arrives ?

Advice plx.

Link to comment
Share on other sites
Boiler Grand Master

Boiler   45,522

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Probably time to cough up for an appointment with an immigration lawyer.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites
aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted

Hello VJs,

I'm kind of new here and I have few questions to ask, sorry if my questions sound pathetic.(will try to give as much details as I can give and be precise) I'm an American Citizen, I and my Ex-Wife came to United states from Nigeria in 2005 after I won the Green Card Lottery, I live and work in the states. I've been separated from my ex-wife since Jan 2008 and I filled for divorce on 06/04/2012 and finally got divorced nn 09/15/2012. I got married to my new wife on 11/24/2012 just last month in Nigeria (She travelled to Nig for the wedding from UK , I did from US). She's a British Citizen as well, lives and work in UK. Since 2009 she has visited me in US more than 15 times using her British passport and has never overstayed even a minute. We came together to US for honeymoon, she wanted to stay but i advised her to go back to UK and will start filling for her. She left last Saturday. I want to start the I-130 filling process, i'm just scared if I won't have problem because the wedding took place just 2 months after my Ex divorce was finalized, In Maryland where I live, you can re-marry 24hrs after divorce. Will this be a problem or not.

Another question, Her Father is a US citizen and lives in US and her mother is a British citizen living in UK, does't the situation speed up the filling process or it doesn't affect it. I was hoping it would speed up the filling process. Should I file for the i-130 if there will not be any problem and if there will be problems should I just let her come here and then change status after she arrives ?

Advice plx.

Relax.

If your divorce was final under Maryland laws, then you have nothing to worry about. If your divorce was not final, then your marriage would be invalid because of bigamy. Since that is not the case and your divorce was final, you have nothing to worry about. Just file for her like everyone else who is bringing a spouse to the US. Nothing special about your situation, really.

Her parents' citizenships do not matter.

You cannot "just let her come here and then change status after she arrives." It is fraud. She would be entering the US on a non-immigrant visa or the Visa Waiver Program (VWP) with the intent to immigrate which is FORBIDDEN.

Link to comment
Share on other sites
N-o-l-a Grand Master

N-o-l-a   7,167

Posted
Filed: Citizen (apr) Country: Denmark
 Timeline
Posted

Was her father a US citizen at the time of her birth and if so, was the birth legitimate?

3/2/18  E-filed N-400 under 5 year rule

3/26/18 Biometrics

7/2019-12/2019 (Yes, 16- 21 months) Estimated time to interview MSP office.

 

Link to comment
Share on other sites
Boiler Grand Master

Boiler   45,522

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Why? Seems like a simple case.

I could think of 20 questions, there may be more.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites
jckay Apprentice

jckay   4

Posted
Filed: IR-1/CR-1 Visa Country: United Kingdom
 Timeline
  • Author
Posted

Was her father a US citizen at the time of her birth and if so, was the birth legitimate?

Her Father was in Nigeria when she was born and never been to US then. Her father moved to US over 10 years ago, she was 16 then.

Link to comment
Share on other sites
jckay Apprentice

jckay   4

Posted
Filed: IR-1/CR-1 Visa Country: United Kingdom
 Timeline
  • Author
Posted

Relax.

If your divorce was final under Maryland laws, then you have nothing to worry about. If your divorce was not final, then your marriage would be invalid because of bigamy. Since that is not the case and your divorce was final, you have nothing to worry about. Just file for her like everyone else who is bringing a spouse to the US. Nothing special about your situation, really.

Her parents' citizenships do not matter.

You cannot "just let her come here and then change status after she arrives." It is fraud. She would be entering the US on a non-immigrant visa or the Visa Waiver Program (VWP) with the intent to immigrate which is FORBIDDEN.

Yes the divorce was final in Maryland before the wedding, letter was even sent to confirm that.

Actually I can pull it off from the state website. This is it below:

Doc No./Seq No.: 12/0

File Date: 10/12/2012 Close Date:10/12/2012 Decision:Granted

Party Type: Plaintiff Party No.:1

Document Name: Judgment of Absolute Divorce

Decree signed 10/3/12 Case Closed

Link to comment
Share on other sites
Harsh_77 Mentor

Harsh_77   718

Posted
Filed: IR-1/CR-1 Visa Country: India
 Timeline
Posted

I dont see any complication file i-130 and case should be straight forward.

Yes your new marriage was within 2 months of the divorce but you can show the same evidence you showed to judge that you been seperated since 2008.

Immigration might want to see some evidence how you got into another relation this quickly... but it should not be a problem.

Link to comment
Share on other sites
VanessaTony Grand Master

VanessaTony   3,567

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted (edited)

Her Father was in Nigeria when she was born and never been to US then. Her father moved to US over 10 years ago, she was 16 then.

How did her father move to the US? Was he a USC living in Nigeria? Or did he win the GC lottery like you did?

**Edit - outside of those questions, I don't think you'll have any problems based on the info you have provided.

Edited by Vanessa&Tony

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

Link to comment
Share on other sites
scotinmass Proficient

scotinmass   588

Posted
Filed: Citizen (apr) Country: Scotland
 Timeline
Posted

Both myself and my wife got divorced from our previous spouses about 3 months before we married and it was never even mentioned by USCIS.

We had both been separated for years and wanting to remarry was the catalyst for our divorces. I'm sure that's common.

bostonharborpanoramabyc.jpg

"Boston is the only major city that if you f*** with them, they will shut down the whole city, stop everything, an find you". Adam Sandler

Link to comment
Share on other sites
epsonderby Rising Star

epsonderby   85

Posted
Filed: AOS (apr) Country: United Kingdom
 Timeline
Posted

I had my divorce finalised about 2 months before marrying and it wasn't even mentioned by USCIS. I was separated for 2 years before the divorce was finalized. I did write a letter when we filed explaining the divorce and marriage being close together. I saw it in my package as the officer flipped through, but he didn't even stop on it.

I think you should be ok, but one can never be 100% sure.

11/29/12 - AOS Interview in Atlanta - 10 minutes long and approved on the spot.

ROC in 2014!

Link to comment
Share on other sites
Brother Hesekiel Mentor

Brother Hesekiel   2,236

Posted
Filed: Other Timeline
Posted (edited)

You cannot "just let her come here and then change status after she arrives." It is fraud. She would be entering the US on a non-immigrant visa or the Visa Waiver Program (VWP) with the intent to immigrate which is FORBIDDEN.

Aaron,

he's from Nigeria.

I'm sure he knows more about fraud then all of us combined.

Just sayin'.

Edited by Brother Hesekiel

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

Link to comment
Share on other sites
jckay Apprentice

jckay   4

Posted
Filed: IR-1/CR-1 Visa Country: United Kingdom
 Timeline
  • Author
Posted

How did her father move to the US? Was he a USC living in Nigeria? Or did he win the GC lottery like you did?

**Edit - outside of those questions, I don't think you'll have any problems based on the info you have provided.

Yes her father won a GC lottery same way I did.

Both myself and my wife got divorced from our previous spouses about 3 months before we married and it was never even mentioned by USCIS.

We had both been separated for years and wanting to remarry was the catalyst for our divorces. I'm sure that's common.

Thanks Scotinmass, I feel much relaxed reading from someone with thesame experience as mine.

Thanks

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...