Complicated dating-marriage situation & concern about interview

[akanc 0]

Hope someone can shed some light to my concerns, and thank you in advance.

I'm in h1b status right now, I got married to USC a month ago and we filed for AOS. Now, my wife also got her citizenship through marriage. She got her passport in February 2014 and divorced in November 2014. The catch is that her and I began dating while she was still married. I actually moved in with her when she was still married (after she got the passport), but obviously she wasn't in a relationship with the husband at that time.

So I am concerned if that can bring any difficulties to my case. I doubt that anything can happen to her status, since she's a citizen now, but I'm just worried about the interview and how to explain this if we get asked.

Another little concern I have is that I had a mca (minor consuming alcohol) charge in 2011, which was basically dismissed and case closed after I took some courses required by court. Could this posses any difficulties to the AOS interview?

[Pitaya 2,577]

~Moved from Fam.-based AOS to WorkST-based Forum~

~Adjusting from work visa~

[Anh map 2,098]

Life happens. Just explain your story. She may face scrutiny if you are from the same country that she divorced the ex and married you to help you obtain a green card. Not about her citizenship, but for the validity of your relationship with each other. Just tell your story honestly about how your relationship began and developed. Everyone's story is different.

[akanc 0]

Thanks. That's what I was thinking, but still wanted to check for advice.

We are from the same country, even the same town. It was her first marriage that was more of a "help", but ours now is bona fide.

[Transborderwife 4,666]

Thanks. That's what I was thinking, but still wanted to check for advice.

We are from the same country, even the same town. It was her first marriage that was more of a "help", but ours now is bona fide.

This could definitely cause scrutiny. Especially if she's asked about her previous marriage. Just gather as much proof and be very specific about your timeline.

[arken 4,197]

Thanks. That's what I was thinking, but still wanted to check for advice.

We are from the same country, even the same town. It was her first marriage that was more of a "help", but ours now is bona fide.

If USCIS officer senses even a small hint of what you just said, you are in a big problem. It depends on when your relationship started with her. Sometimes marriages fall apart, so you being in relationship with her while she was married might not create a huge problem in itself since you two were married several months after she got divorced. However if you two were in a relationship from the very beginning and she used her previous marriage to get the citizenship to be able to petition you for GC, then it's a problem. It all depends on how you two answer during the interview. Pay attention to your relationship time period and prepare for the interview so that you can answer everything confidently so that the USCIS officer will have no doubts on her previous marriage.

[akanc 0]

If USCIS officer senses even a small hint of what you just said, you are in a big problem. It depends on when your relationship started with her. Sometimes marriages fall apart, so you being in relationship with her while she was married might not create a huge problem in itself since you two were married several months after she got divorced. However if you two were in a relationship from the very beginning and she used her previous marriage to get the citizenship to be able to petition you for GC, then it's a problem. It all depends on how you two answer during the interview. Pay attention to your relationship time period and prepare for the interview so that you can answer everything confidently so that the USCIS officer will have no doubts on her previous marriage.

Ok. I see your point. We did not know each other before her first marriage. We met each other in 2013 and she got married before that, 2011 I think. Divorced in 2014 and married me in 2015. So it is not the case where she would use her first marriage to petition for me eventually. The timeline is right in this sense.

[Sandra G. 5,079]

You said you met her in 2013,and she got married in 2011,it means you started the relationship with her even before she got the permanent GC or right after she got her green card.Prepare youself because they will scrutinize the relationship BIG TIME. If she started dating you before she filed ROC then she will be in deep .

[mayfield 23]

I think somewhere in the guidelines there needs to be a five year minimum wait before she can file for someone through marriage again unless she can state valid reasons for this happening, Its number 5 in the I-130 instruction under the who cannot file section;

With this I believe you will DEFINITELY face scrutiny, so prepare for her to show that the marriage with her ex husband was true and very true, I hope and pray you are able to d this because you moving in with her while she was still married expecting her Citizenship would send alarm bells ringing in my head, Just be over prepared is the best advice I could give you.

[Cathi 5,795]

I was separated from my ex husband when I met my new husband. I was at the interview at the consulate with him and they definitely were VERY interested and asked several questions about how our relationship evolved and what my relationship with me ex was. They even asked why my ex still had mail coming to my house(so if you think USCIS doesn't know everything, they do). I was honest with my answers and told them my ex and I still owned a business together at the time(we don't anymore) and we had 2 children together, that some things were still in both of our names, and they left it at that. My now husband had no problem getting his visa. My advice, be honest about everything, they know a lot more than you think and trying to hde anything or lying will only cause problems. Good luck.

[Lowlie 191]

I know of a quite similar couple. They applied for a K1 for the man in the relationship after the green card holder divorced her husband who brought her to the USA. During the interview, the consulate said the situation was too fishy for comfort, and he put the case in further administrative processing for almost a year. Every time they got a reply to their inquiries, it was that they were still investigating the circumstances. They finally did get approval, but only after long, serious scrutiny.

[san diego 407]

Facts:

1) She got married in 2011

2) She got her Citizenship in 2014 based on 3 year rule. This requires her stating that she is in active marriage, not separated, etc

3) You started dating in 2013.

Conclusions:

1) She was not eligible to obtain citizenship based on 3 year rule. Thus she obtained it fraudulently.

2) Your relationship/marriage is bona fide. This may not cause scrutiny.

Consequences if discovered: Her citizenship maybe revoked due to fraud. Thus she will not be eligible to petition for you.

[akanc 0]

Conclusions:

1) She was not eligible to obtain citizenship based on 3 year rule. Thus she obtained it fraudulently.

2) Your relationship/marriage is bona fide. This may not cause scrutiny.

Consequences if discovered: Her citizenship maybe revoked due to fraud. Thus she will not be eligible to petition for you.

Can this really happen? Revoked citizenship? I thought once you get citizenship, there's no way back.

Thank you everyone for the insights. We'll start preparing.

[akanc 0]

I think somewhere in the guidelines there needs to be a five year minimum wait before she can file for someone through marriage again unless she can state valid reasons for this happening, Its number 5 in the I-130 instruction under the who cannot file section;

With this I believe you will DEFINITELY face scrutiny, so prepare for her to show that the marriage with her ex husband was true and very true, I hope and pray you are able to d this because you moving in with her while she was still married expecting her Citizenship would send alarm bells ringing in my head, Just be over prepared is the best advice I could give you.i 130.jpg

It says there's a 5 year waiting period for LPR (Green Card holders). But it doesn't say there's a waiting period for citizens. So, it looks like this shouldn't apply to a citizen.

However, I definitely see your point there. Thanks.

[Transborderwife 4,666]

Can this really happen? Revoked citizenship? I thought once you get citizenship, there's no way back.

Thank you everyone for the insights. We'll start preparing.

It sure can. Google it