How do I prove that?

[Sekhvaruli 74]

In case my fiance is denied his K-1 visa, I have been considering bringing him here on I-130 and K-3 visa.

I-130 form instruction has a very interesting formula under Who may not file form I-130:

You may not file for a person in the following categories:

- A spouse, if you gained awful permanent resident status by virtue of a prior marriage to a US citizen... unless:

you can establish by clear and convincing evidence, that the prior marriage, through which you gained your immigrant status,

was not entered into for the purpose of evading any provision of the immigration laws.

This whole section refers to me. I am a US citizen, who got the status through marriage, and the status is not 5 years yeat. How do I prove that the marriage was not entered into for the mentioned purpose?

Do I just provide all the evidence of my prior marriage being bona fide, like I did when applying for AOS, Removal of conditions and Citizenship?

You can also read my topic "Did I get it right?" in K-1 via section, to get to know my situation better

http://www.visajourney.com/forums/topic/482154-did-i-get-it-right/

.

Edited March 7, 2014 by Sekhvaruli

[imse 82 8]

Yes you can send everything you originally sent but it will be up to the immigration officer to decide if that's enough or not. I'm in similar situation but the only difference is I filed right after the 5 years waiting period was over. Still waiting on I130 approval.

[Darnell 8,478]

those in your situation sometimes decide to wait out the 5 year thingie, prior to filing the I-130.

[Sekhvaruli 74]

those in your situation sometimes decide to wait out the 5 year thingie, prior to filing the I-130.

Really....? Easier said than done... 5 year period will end in June 2015 We can't stay apart, it really hurts...every extra minute without each other is like an eternity...

[NigeriaorBust 4,087]

They tend to closely look at people that marry a USC, dump them and they find true love outside the US especially if that true love is back home and they knew each other prior to the first petition. If they look closely and decide you defrauded the original USC they will deny the new petition. If you have strong proof that is wasn't a fraud then you could try it.

[Sekhvaruli 74]

They tend to closely look at people that marry a USC, dump them and they find true love outside the US especially if that true love is back home and they knew each other prior to the first petition. If they look closely and decide you defrauded the original USC they will deny the new petition. If you have strong proof that is wasn't a fraud then you could try it.

My sweetheart is not from my native country and I hadn't known him before my first petition. We only met 5 months ago.

What kind of strong proof do you mean?

Edited March 9, 2014 by Sekhvaruli

[NigeriaorBust 4,087]

So the fact that you are from somewhere other than your current's home country helps Can you clearly establish when you first started to talk ? DO you still have everything submtted for ROC ? DO you have evidence that the old marriage was happy to start ?

[Sekhvaruli 74]

What is ROC?

What can I use for the evidence of the marriage happy to start? Pictures?

[Darnell 8,478]

ROC - removal of conditions casefile,

the assumption here is that you first held a 2 year green card, then applied for a 10 year card, via the removal of conditions paperwork ... It's a pile, usually.

[Sekhvaruli 74]

ROC - removal of conditions casefile,

the assumption here is that you first held a 2 year green card, then applied for a 10 year card, via the removal of conditions paperwork ... It's a pile, usually.

Yeah... I still keep all my AOS and ROC and citizenship papers in my files. So, for the proof of the first marriage being bona fide, I will have to send ALL of those? It's a ton of paper....

[Darnell 8,478]

you hinted at some instructions from USCIS, early on,

and IMO, if you were to follow those instructions,

that pile is required.

plus a cover letter explaining it.