Tricky situation, but genuine - Kindly help!

[Boston1980 0]

Hello there!

I am a US citizen by birth.
I married a Palestinian woman 3 years back who was on an F1 VISA. She has her unconditional GC status.
Well, things didn't turn out well as there were some differences and I filed for divorce and got it late last year.
During the divorce/seperation phase I met someone online from Morroco and fell in love.

I applied for fiance visa for her to come here. That didn't go too well and was rejected.
After the rejection we/she applied for a visitor visa and that too got denied.
She applied for a student visa and that too was on hold for quite a long time.
After a lot of communication and follow ups, it was learnt that they misplaced some documents
and the consulate would be on her case. Finally she got her passport back with a F-1 visa stamped.

The problem is, she has got her visa for 5 months only. English course in a school in the same city
where I am. She will be coming soon and we will be getting married in about 2 months after getting
to know her better. After which I shall be applying for I-130 and I-485 together.

Before the esteemed members jump to conclusions I would like to say I am in genuine love.

The kicker is that my situation is unique and hopefully our love will triumph.
I love my country to the hilt and have served, would not do anything to put it to shame.

I have seen examples elsewhere and couple on this site as well, where people in true love
were able to get their permanent residence status within months.

I do not have a steady income. I have an on and off handicraft business.
But no job and no W2s etc to show any returns.

My questions:

1) Considering the fact that there are numerous marriage frauds, will mine be percieved as one as well ?
2) What to expect after filing for I-130 and I-485.

3) Do I-130s get rejected ? What are my chances ?
3) Can she stay even after her visa expires and things are under process ?
4) WIll my financial position hamper our outcome ?

5) Will my status with my ex-wife be a concern as she became a permanent resident from me.
6) Will she face problems at the POE ? Are failed visa attempt records with them ?

7) Do the interviewers have all the records of attempts of my fiance trying to get to the States ?

All suggestions welcome. God Bless America!

[NigeriaorBust 4,087]

You have posted on a board monitored by immigration your intent to use a non immigrant visa to immigrate. That is considered visa fraud. The correct process is to either get married and she leave while you process the I130 or she leaves and you file the I129f

[canadian_wife 1,826]

Your situation is far from unique, from an outsider it appears you are using a non-immigrant visa to immigrate to the US. Morocco is a high fraud country, did she list you on her visa application as 'family' in the US?

No one here is going to advise you to follow through with this plan.

I suggest you have her come here on her F-1, you guys 'get to know each other' in that time. She returns and you follow through with the correct, legal pathways.

good luck

[belinda63 3,041]

Ignoring the entire fraud issue and assuming you decide to do the right thing and file the I-130 after the marriage and she returns home to finish the process:

1. Your income must be sufficient to support your entire househole. That means you, the intending immigrant, any other immigrants you are still responsibile for, and any dependants. Since you do not seem to have this income you will need a joint sponsor. This requirement exists no matter how you proceed with the visa, either consular processing or concurrent filing.

2. All records will be available when the application is reviewed. It is likely they will determine she entered the country with the intent to immigrate.

3. Your prior marriage might raise red flags.

These are answers to only some of the questions.

I suggest you think long and hard about what you are attempting. If she is found to have lied or misrepresenting her intentions for coming to the US she could face a ban from returning.