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

[Jon York 156]

The thing is - I think a few people have suggested these girls are playing him just so they can both get here - which was kind of what I was thinking too. But once his wife was legal here, didn't they have the right to petition for her sister as a family member to come? I mean, would they really need to go through all this if their desire was just to get them both here?

Edited January 28, 2014 by Jon York

[AmyWrites 593]

The thing is - I think a few people have suggested these girls are playing him just so they can both get here - which was kind of what I was thinking too. But once his wife was legal here, didn't they have the right to petition for her sister as a family member to come? I mean, would they really need to go through all this if their desire was just to get them both here?

The wait time for the Philipines is insanely long.

[Jon York 156]

Oh. Ok.

[crissycris 0]

You really need legal advice from a very good immigration lawyer,there are so many red flags here,I could not say it better than Jhalil&Mandy,this is what they will see in your immigration file.

[raven52 233]

I am usually, a pro K-1 visa guy, but in this case I would get divorced, and have it FINAL, and go to the Phils., marry her and file an I 130, it is the only chance I see, my wife if from the Phils. and are wonderful wives, and I wish you good luck, just think about this, "do not be used again".,., as I feel you were used the first time, just an opinion, good luck 2nd time around, and well, Filipino wives are great, if you get a good one.

[Boggy1974 124]

Would require lots of evidence to prove existence of a bona fide relationship.

And I would consult with an attorney first before doing anything.

[aaron2020 11,651]

The thing is - I think a few people have suggested these girls are playing him just so they can both get here - which was kind of what I was thinking too. But once his wife was legal here, didn't they have the right to petition for her sister as a family member to come? I mean, would they really need to go through all this if their desire was just to get them both here?

24 years for a USC to petition a sibling from the Philippines versus 1 year for a USC to petition a spouse.

24 years vs. 1 year.

[Jon York 156]

Are you serious!? 24 YEARS!!?? That's crazy!

[Asia 2,498]

For Phillipines - 24 years.

For Mexico - 18 years.

For India - 13 years.

For China - 13 years.

And for the rest of the world the waiting time is 13 years as well.

http://travel.state.gov/content/visas/english/law-and-policy/bulletin/2014/visa-bulletin-for-february-2014.html

Check the F4 category.

[Laser1 63]

Take a gander at this thread from 2007 for advice, "Marry Ex-wife's sister and bring her to the U.S." http://www.visajourney.com/forums/topic/73464-marry-ex-wifes-sister-and-bring-her-to-the-us/ . A former consular officer replied in it too.

Edited January 28, 2014 by Laser1

[ManCharsey 254]

The thread in Laser1's post is very intuitive and I believe it will give the OP some direction on how to approach it. According to the consular officer's post he said marrying the sister of an ex-wife is a very common visa fraud tactic employed by many people from Asian countries especially China/Philippines/Vietnam and the consular officers in the embassy posts there very we'll know about it so if you have to be successful, you have to present a lot of evidence and also not try to conceal the relationship between your ex-wife and her sister and you. With enough evidence to overcome the fraud flags, your application can and will be successful. Good luck!

[Mumu 10]

Here's what I've just read from another post from Yulek :

Posted 16 June 2007 - 07:10 PM

I don't want to be a downer, but as a former consular officer at a high-fraud post (not Guangzhou, but I know many people who have worked as COs there), I should warn you that marrying your ex-wife's sister might cause some delays and headaches for you. Why? Because marrying the sibling of an ex-spouse in one of the most common types of visa fraud committed in Asia. COs are well attuned to this, and they will ask many questions. I can absolutely guarantee that if you or your fiancee attempt to conceal or downplay your true relationship to each other, a CO at a high-fraud post will not think twice about returning your petition to USCIS (this is a very, very bad thing for you). Someone who conceals something as important as a former family relationship is doing himself an enormous disservice, because the CO will probably ask the question at the interview and you have two choices: (1) admit it and be forced to explain why you were conspicuously silent on the issue before, or (2) lie about it and, if you are caught, wind up with your fiancee being permanently ineligible to enter the U.S. for any reason. Be totally honest and forthright, and be able to prove that you no longer live with your ex-wife, because that will be the first thing that the CO will think (the classic visa fraud scheme is that a spouse wants to bring a sibling to the U.S., but the F4 waiting period seems too long to endure, so she convinces her husband to "divorce" her and get "engaged" to her sisiter in China/Vietnam/Philippines or wherever and bring her to the U.S. within the year, or shortly thereafter. This happens a lot in places like Guangzhou and the consular officers there are well aware of it).

Be prepared at the interview to demonstrate that your ties to your ex-wife have been severed.

Again, I'm not trying to be a downer, but the more you know going into this process, the better prepared you will be to face the hurdles.

Good luck.

And also this one from the same person :

gag54611, on Jun 16 2007, 02:36 PM, said:

I would have thought that, if the intent was visa fraud in the first place, the OP wouldn't have remained married to his first wife for 25 years!!

That is his strongest argument for refuting visa fraud. I don't see any issues here.

G

Quite the opposite. The fraud scheme stems from the fact that the Petitioner is doing his “ex” wife a favor to get her sister over to the U.S. In reality (in a fraud scheme), the Petitioner and his first wife are only divorced on paper and the new relationship is to circumvent the long waiting period for the current visa applicant to go on a family preference visa.

The point is this: whether YOU see an issue with this relationship or not is not really the issue. It’s whether a consular officer will see an issue. And I can guarantee you that a consular officer in Guangzhou is going to take a hard look at this relationship. I know because I used to do this for a living at a high-fraud post and I’ve seen this exact situation. Were applicants denied because of it? No – but they all got a second look and some pointed questioning.

All I am saying is that the Applicant and Petitioner better be very prepared and realistic about what could happen here.

Even if this post is from 2007 and in China, it is still in Asia, and Asia, just like Ukraine are a high fraud...

These answers come from that post : http://www.visajourney.com/forums/topic/73464-marry-ex-wifes-sister-and-bring-her-to-the-us/page-2

Of course, no more news from that person so we don't know what happened next.

[DaPoets 1]

Just tell the entire truth, probably pictures and statements from your ex-wife will help (if your relationship w/ her is good) and plenty of texts, emails, FB, What's App, etc between you and her sister, plus attestations from friends and family. Even w/ all that you will still be grilled. It will be a bad process but I think you can get through it if you just be very open and honest.

[Ontarkie 14,222]

~~Duplicate threads merged, and Moved to What Visa Do I Need - Family Based Immigration - as the OP is exploring his options. Please do not make multiple threads for the same or similar questions~~