red flags

[rescuevj 0]

I have 2 points that I want more explanations about red flags in fiancé visa applications:

1) US divorce followed very quickly by an engagement to foreign beneficiary is often a red flag for consular officers

my answers: (normally USA divorces are dragged on forever beyond 1 year separation for spousal support etc)

2) The U.S. citizen has previously sponsored a foreign national for a green card and the U.S. citizen can not prove that the foreign citizen maintained lawful status

My answers: (normally a spouse can only file and ask for the divorce procedures and have no control over the foreign citizen's intent about not leaving the country and it's spousal personal decision) Normally people use VAWA to live in USA especially marriage ends in divorce before the approval of I485 or the I864 affidavit of support is pulled. Need lots of pointers.....................

Please advice on the above 2 flags and how can they be resolved if the intend is to find true love second time?

Thanks

[TBoneTX 46,122]

*** Thread moved from K-1 Process forum to the Embassy/Consulate forum -- topic involves that phase. ***

[Penguin_ie 5,996]

Are you asking hypothetically or are the two red flags connected?

Divorcing one foreigner and immediately petitioning for another is definitely a huge red flag. If you can prove the divorce dragged on for a year or more (which is not that common), that will help. Are you saying wife 1 filed for vawa, so it was a very short marriage? That is another red flag.

[be.with.you 0]

So is just divorcing a foreigner and then immediately getting engaged to someone else a redflag or generally divorce (from a us citizen) followed by an engagement? And is it explanation enough to say he waited with the divorce because he was stationed overseas and it was just to complicated to do it from there?

[Hin-d 16]

Not sure that this would be a red flag. Application states that you must be free to marry. Some states have a "grace period" that must be met prior to being allowed to remarry. Some states require many months to elapse; some allow those to remarry almost immediately.

[Penguin_ie 5,996]

Divorce itself is not a red flag, but divorce followed immediately by petitioning a foreigner is, as is petitioning more than one foreigner, especialy if the marriage duration is short.

Keep in mind a red flag does NOT mean a denial- it just means they may look at your case closer, so it is even more important than normal that you have a lot of bonafide evidence, spend time together etc.

[rescuevj 0]

Both 2 red flags apply to the situation. I want to visit the person overseas soon since divorced has happened and off course had sponsored a fiancé in the past. I was reading through and realized there are 2 big red flags and came on this forum. I wanted to see the facts and tell someone I know overseas it won't be possible for us to be united due to the red flags in the process of immigration journey so to call it quits on the relationship.

[h13rma 35]

It's not a definite no. MY USC wife got divorced at the end of 2012, Massachusetts has a 90 day wait before it becomes final and we got married 28 days after that. It was mentioned to her in our interview, and she was asked about her previous Husband, his name was Hans, she was asked if he was German but in fact he was from Michigan. In the end our interview lasted all off 15 minutes and that was mainly just ticking boxes, we left after 25 minutes with I551 stamp in my passport.

Edited August 27, 2013 by h13rma

[rescuevj 0]

Are you asking hypothetically or are the two red flags connected?

Divorcing one foreigner and immediately petitioning for another is definitely a huge red flag. If you can prove the divorce dragged on for a year or more (which is not that common), that will help. Are you saying wife 1 filed for vawa, so it was a very short marriage? That is another red flag.

Marriage fell apart due arguments and issues. I decided to seek divorces separating my residences and filed divorce and paying all spousal supports levied by court. I have proof of everything separate residences etc.