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Filed: Timeline
Posted (edited)

Hello all VJers,

I have a pretty serious question. The guy am about to marry was married before, twice. The first time they had a good relationship but the girl's parents were not feeling her. They found out they were getting married and were moving in together. The parents forced her to annul the marriage and claim fraud to obtain green card. This happened without notice to M(my guy). He then got into a relationship with another girl. She later said that she was moving to France but he did not want to and they got a divorce. How will this affect out process?

I am the US citizen.

Thanks,

E

Edited by createdone
Posted (edited)

You should be fine as long as you have a final decree of Annulment/Divorce on hand for both of the previous marriages. There will be questions about those marriages on your interview but other than that there should be no issue with the fact that he was married (twice) previously.

[Edit]- i misread the part where you mentioned "The parents forced her to annul the marriage and claim fraud to obtain green card."

Was he a beneficiary for a previous application?

Edited by HollyGolightly

Sein oder Nichtsein, das ist heir die Frage.

Filed: Citizen (apr) Country: Jordan
Timeline
Posted

Hello all VJers,

I have a pretty serious question. The guy am about to marry was married before, twice. The first time they had a good relationship but the girl's parents were not feeling her. They found out they were getting married and were moving in together. The parents forced her to annul the marriage and claim fraud to obtain green card. This happened without notice to M(my guy). He then got into a relationship with another girl. She later said that she was moving to France but he did not want to and they got a divorce. How will this affect out process?

I am the US citizen.

Thanks,

E

Im not following you. Who did they claim fraud to? Do you mean they lied to USCIS in order to obtain a green card/


Filed: Timeline
Posted

I really need to rewrite this whole thing. Am so panicked.

Ok, here we go. He was married twice:

1st marriage- annulled. (Claimed green card fraud, he never filed anything with USCIS)

2nd Marriage - Divorced (irreconcilable differences, never filed anything either)

Sorry for the confusions


You should be fine as long as you have a final decree of Annulment/Divorce on hand for both of the previous marriages. There will be questions about those marriages on your interview but other than that there should be no issue with the fact that he was married (twice) previously.

[Edit]- i misread the part where you mentioned "The parents forced her to annul the marriage and claim fraud to obtain green card."

Was he a beneficiary for a previous application?

No, he never filed anything before but will be doing so with me.

Posted

"Claimed green card fraud, he never filed anything with USCIS"-- what does this statement mean? Did the parents report him for fraud?

Does USCIS have a record of him marrying someone for purposes of obtaining a green card?

If he has not previously filed for immigration benefits then the previous marriages should not be a cause for concern, provided you have all the paperwork to support the finality of the annulment or divorce. I would be concerned if a report was made previously to an attempted visa fraud because that would be a red flag that you potentially have to overcome. What is his current status in the US?

Sein oder Nichtsein, das ist heir die Frage.

Filed: Timeline
Posted

"Claimed green card fraud, he never filed anything with USCIS"-- what does this statement mean? Did the parents report him for fraud?

Does USCIS have a record of him marrying someone for purposes of obtaining a green card?

If he has not previously filed for immigration benefits then the previous marriages should not be a cause for concern, provided you have all the paperwork to support the finality of the annulment or divorce. I would be concerned if a report was made previously to an attempted visa fraud because that would be a red flag that you potentially have to overcome. What is his current status in the US?

I do not think anything was reported to any authorities as he suffered no consequences from the annulment. He is still here and has been here. He never filed for any AOS, EAD or anything for that matter. This all happened in 2006. (We are also looking into this to find out what was brought to court and what was said.) What am worried about the most is what it says on the annulment record. The phrase "fraud to obtain green card". The USCIS does not have record of him obtaining a green card from previous marriages.

Bonus?: He has an excellent record, with just one warning for speeding. Has a major health degree. Is in school for his Master's.

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

It will look odd that he is on his third marriage with a US citizen, especially if the first wife did lodge a complaint with USCIS (even if they did not act at the time, the fact that he is now married to another USC and trying to AOS may cause them to re-consider). What is the timeline here, other than the first marriage was in 2006? Ie how long was each of the marriages, and how long between them? That can make this red flag worse, or better...

Edited by Penguin_ie

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Filed: Timeline
Posted

It will look odd that he is on his third marriage with a US citizen, especially if the first wife did lodge a complaint with USCIS (even if they did not act at the time, the fact that he is now married to another USC and trying to AOS may cause them to re-consider). What is the timeline here, other than the first marriage was in 2006? Ie how long was each of the marriages, and how long between them? That can make this red flag worse, or better...

first marriage 2006

second marriage 2012

Third marriage 2014...

Filed: Citizen (apr) Country: Italy
Timeline
Posted

So to be clear... The 1st wife used the reason fraud to obtain green card as the reason to allow the annulment correct? Had ANY paperwork been filed for him with USCIS?

The second marriage,youmsaid NO visa was ever applied for him to come to the USA?

I am a bit confused with the statement " he is still here and been here" where is "here"? USA or what country are we talking about?

Just a little more clarification so we can accurately give you advice.

10/14/2000 - Met Aboard a Cruise ship

06/14/2003 - Married Savona Italy

I-130

03/21/2009 - I-130 Mailed to Chicago lockbox

11-30-09: GOT GREEN CARD in mail!!!!!!

Citizenship Process;

1/11/2013: Mailed N400 to Dallas Texas

3/11/2013: interview.. Approved

4/4/2013. : Oath! Now a U.S. citizen!

Filed: Timeline
Posted

So to be clear... The 1st wife used the reason fraud to obtain green card as the reason to allow the annulment correct? Had ANY paperwork been filed for him with USCIS?

The second marriage,youmsaid NO visa was ever applied for him to come to the USA?

I am a bit confused with the statement " he is still here and been here" where is "here"? USA or what country are we talking about?

Just a little more clarification so we can accurately give you advice.

So he came here (US) on a student visa. He overstayed his visa. The first wife used that reason for the annulment. He has NEVER filed any paperwork at all. The second marriage he NEVER filed any paper work for any visas or AOS.

Posted (edited)

Overstay is forgiven for spouses of US Citizens who adjust while in the US. Getting married by itself does not protect the beneficiary, but filing a concurrent I-130/I-485 package will. He should not travel abroad until he has his GC on hand, because exiting the country will give him a ban for overstay. From your info, it should be a normal AOS from student visa case.

Does the "annulment for visa fraud" reasons appear on the annulment decree? This is the only issue I would be wary of in filing the AOS as this may raise some red flags when the IO inspects your papers. Just prepare to explain this thoroughly on the interview with all available evidence to back up your story. Other than that, it seems like everything's pretty standard.

Edited by HollyGolightly

Sein oder Nichtsein, das ist heir die Frage.

Filed: Citizen (apr) Country: Italy
Timeline
Posted

Ok... So that helps... As hollgolightly said, Yes, it looks like AOS from expired student visa, overstay should be forgiven... Be prepared to answer some questions if it documented anywhere about suspect of fraud... Plan for him to stay put here in the USA until complete...

10/14/2000 - Met Aboard a Cruise ship

06/14/2003 - Married Savona Italy

I-130

03/21/2009 - I-130 Mailed to Chicago lockbox

11-30-09: GOT GREEN CARD in mail!!!!!!

Citizenship Process;

1/11/2013: Mailed N400 to Dallas Texas

3/11/2013: interview.. Approved

4/4/2013. : Oath! Now a U.S. citizen!

Filed: Lift. Cond. (apr) Country: China
Timeline
Posted

Moved from What Visa Do I Need - Family Based Immigration forum to Adjustment of Status from Work, Student, & Tourist Visas forum.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

  • 1 month later...
Filed: Timeline
Posted

So, we were finally able to get a hold of the annulment decree. It states "....marriage between AB and CD has been annulled. Plaintiff claims defendant announced after the marriage that he was married to avoid deportation and had no intentions of being her husband...."

How bad is this potentially? He has never been ordered removed or had any proceedings against him. (also factor in that they lied about him being deported)

 
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