K-1 Visa Marring my ex-wife Sister(merged)

[Ontarkie 14,133]

~~Several Post removed the OP did not come here to be judged. If you cannot answer his questions without attacking and judgement do not reply or further action will be taken ~~

[Scom 5]

Because of the complexity of the situation I would most certainly hire an immigration attorney who will be able to tell you exactly what to expect and to help you should any problems and red flags arise. With cases like this your immigration attorney will also represent you at the interview. Your situation has too many red flags to go through the process a second time without some legal and professional guidance.

[blk 87]

Also in the I-864 part 8, Sponsor's Contract it states "Note that divorce DOES NOT terminate your obligations under this Form I-864" so I am just wandering if the OP is in a position to sponsor another person???

[KayDeeCee 4,893]

Also in the I-864 part 8, Sponsor's Contract it states "Note that divorce DOES NOT terminate your obligations under this Form I-864" so I am just wandering if the OP is in a position to sponsor another person???

As long has someone meets the income requirements, they can sponsor as many as they choose to.

[baron555 934]

Because of the complexity of the situation I would most certainly hire an immigration attorney who will be able to tell you exactly what to expect and to help you should any problems and red flags arise.

Maybe yes and maybe no. This is a question about the seriousness of the new relationship and to eliminate any fears that a CO might construe it to be part of a larger fraud case.

With cases like this your immigration attorney will also represent you at the interview.

No, I do not believe anyone but the beneficiary can represent themselves at their interview.....most surely the fiance could be present, if the Embassy allows that, but a complete stranger....I don't think so.

Your situation has too many red flags to go through the process a second time without some legal and professional guidance.

The guidance would most likely be to wait to petition the new fiance until some time has passed to establish the new relationship. An experienced attorney might suggest marriage and the CR-1 route rather than the K-1.

[MIBEN 83]

Key questions that will come up:

Did you file your ex-wife's ROC jointly? The CO will want to verify if evidence submitted with the ROC was all true and correct.

Did you know after one year that she prefers females? If at the time the conditional residence was based on a marriage the CO will want to verify that the marriage was not for the purpose of procuring an immigration benefit. Perhaps that was not the intent at the onset but if they feel you knew about her liking of females they may further scrutinize the ROC that was just approved as well as the new petition. The norm on same sex relationships on the island will be taken into consideration.

When did you start the new relationship? The dates indicated may bring further scrutiny on the ROC you recently submitted certifying that all evidence submitted was true and correct to justify a valid marriage and give your ex-wife immigration benefits.

Lastly, petitioning a sister will be scrutinized as visa fraud....

The questions are redundant therefore no answer is required and I answered as the possible thought process of the CO. Things to think about....

Good luck,

Edited January 27, 2014 by MIBEN

[rade2rising 205]

I once told my wife I would have been better off if I had married her sister instead

She slapped me so hard it still hurts to this day!

As for OP you go ahead and file. Worst case they might put you in AP. If your story is true then things should resolve themselves. It may just take longer than usual.

[woohoo25 28]

Cant you just send a letter explaining the situation with your application and send lots of proof that your relationship is legitimate. There probably will be scrutiny but it might work out.

Edited January 28, 2014 by woohoo25

[RodIllinois 2]

I think I would wait at least 6 months after the divorce before filing for a K-1 visa. That way it looks like you got divorced, then started to get close with your ex-wife's sister.

With the exception of the whole in-law thing, I went through something like that last year. I brought my Russian fiancee here in 2008 on a K-1 visa and we were married just over 4 years when I found out she was having an affair. She had become a US citizenship a few months before that. 10 days after my divorce was final last March, I met another Russian woman online (this time from the Ukraine) and we started to grow very close. An immigration attorney told me I might be called in for questioning during the early stage of the application if I applied for a new K-1 visa too soon.

But it took awhile before my new love agreed to marry me. By the time we applied for the K-1 visa, it had been 8 months since my divorce. The USCIS California Service Center approved it in 3 weeks. We are now waiting for the NVC to send the file to Kiev.

So I recommend waiting at least 6 months. Build up lots of evidence of your relationship in the meantime and don't submit any evidence from before your divorce. In fact wait a couple of months before you start gathering evidence of the relationship and go there to see her. The longer you wait, the better.

[belinda63 3,022]

Lots and Lots of evidence of a real relationship will be needed. Not only do you have to overcome the whole I got divorced and want to bring another immigrant. You also have the I got divorced and now I want to bring another member of her family here.

I would say make at least three trips to visit the new flame and have about pounds of evidence to provide with the case. Don't think affidavits from any of her family members will count for much.

[Jhalil&Mandy 15]

I will try to look at this with as little judgement as I can.

What you need to do is you have to look at it from an outside perspective. If you break it down it looks like this:

- Got 1 woman in to the country succesfully through the K-1 Visa.

- Marriage ends after 3 years, the time it takes for her to not need to still be married to you.

- You intend to repeat the process with another woman shortly after (I believe?) the divorce.

- The woman you intend to marry is your now ex-wife's, sister, that you have not had a romantical relationship with for a good/long period of time that you can prove . I say this while assuming the divorce is recent, therefore you couldn't have been in a different relationship before the divorce.

All in all, I understand the situation. As much as it sounds very suspicious and something that could be in a movie, it's possible it's all true. However, you have odds piled up against you from almost every single aspect of what these workers will be looking for.

- High risk country where a lot of K-1 Visa fraud happens.

- Divorced right after 3 year period ended on a prior K-1 Visa and attempting to file for a new K-1 with a different woman. <- This one is a major concern. Even if they overlook the fact that these women are sisters. The timing for this is just incredibly suspicious.

- Little proof of a longterm/ongoing relationship.

- Very, very, very suspicious circumstances where both women are from the same family.

Now I absolutely don't mean to offend you or your love interest and/or ex-wife. But are YOU certain you're not being played? These are women coming from a country where the living conditions are less than optimal for the poor. I don't know anything about them, they could be very well off which makes this point moot. But how certain are you that they're not just using you to get in to the country?

These are all questions you need to ask yourself before you even consider doing this. Because with the circumstances you gave us there will indeed be red flags galore.

And if you and your new lover, can not convince the people working your case that beyond all doubt you two are incredibly, hopeleslly and completely in love and devoted to each other. Then I personally don't think that you will have much chance of this new petition being accepted.

All that being said, I'm sorry for your divorce and good luck in the future.

Edited January 28, 2014 by Jhalil&Mandy

[Ryan H 3,810]

~~Thread back open, 8 off topic posts removed and 4 members thread banned. Post constructively or do not post.~~

[Avery Cates 1,141]

You'll be an ant under a magnifying glass on a hot summer day.

[JRF 117]

I will try to look at this with as little judgement as I can.

What you need to do is you have to look at it from an outside perspective. If you break it down it looks like this:

- Got 1 woman in to the country succesfully through the K-1 Visa.

- Marriage ends after 3 years, the time it takes for her to not need to still be married to you.

- You intend to repeat the process with another woman shortly after (I believe?) the divorce.

- The woman you intend to marry is your now ex-wife's, sister, that you have not had a romantical relationship with for a good/long period of time that you can prove . I say this while assuming the divorce is recent, therefore you couldn't have been in a different relationship before the divorce.

All in all, I understand the situation. As much as it sounds very suspicious and something that could be in a movie, it's possible it's all true. However, you have odds piled up against you from almost every single aspect of what these workers will be looking for.

- High risk country where a lot of K-1 Visa fraud happens.

- Divorced right after 3 year period ended on a prior K-1 Visa and attempting to file for a new K-1 with a different woman. <- This one is a major concern. Even if they overlook the fact that these women are sisters. The timing for this is just incredibly suspicious.

- Little proof of a longterm/ongoing relationship.

- Very, very, very suspicious circumstances where both women are from the same family.

Now I absolutely don't mean to offend you or your love interest and/or ex-wife. But are YOU certain you're not being played? These are women coming from a country where the living conditions are less than optimal for the poor. I don't know anything about them, they could be very well off which makes this point moot. But how certain are you that they're not just using you to get in to the country?

These are all questions you need to ask yourself before you even consider doing this. Because with the circumstances you gave us there will indeed be red flags galore.

And if you and your new lover, can not convince the people working your case that beyond all doubt you two are incredibly, hopeleslly and completely in love and devoted to each other. Then I personally don't think that you will have much chance of this new petition being accepted.

All that being said, I'm sorry for your divorce and good luck in the future.

Excellent, objective, and comprehensive comment.

[Sandra G. 5,038]

You need a miracle!

Edited January 28, 2014 by sandranj