Help please can i remarry my ex

[Bodmas 2]

here is the situation a friend of mine got his citizenship by marrying a US citizen but he is now a citizen and they are divorce based on mutual agreement to separate, it was not a nasty divorce. now the question is can he remarry his ex wife back in Africa and file for her.

Mod note: post edited to clarify the divorce was NOT due to an immigration fraud agreement, but due to them growing apart.

Edited January 25, 2016 by Penguin_ie

[Kastrs 723]

so your "friend" wants to remarry his ex from back home? I am sure others will comment, but to me the fact that you are mentioning an "agreement" looks to me like the whole thing was fraudulent to begin with. As to if your "friend" can remarry the ex or not, of course he can, and he can file for her too. The visa approval or not though, that is the real question.

Edited January 25, 2016 by Kastrs

[Adil & Jeanne 296]

your friend committed visa fraud by that agreement

doesn't make any of us here happy as we are married for life and fight this process

but good luck to him

[zeeeeeeek 9]

This all sounds like Fraud to me. But I'm sure Immigration has seen many of these cases.

[arken 4,197]

Of course he can marry his x and file for her. The only problem is if we as a normal people can sense the fraud in this scenario, imagine what those experienced COs would make out of it. The worst case could be a permanent ban for his ex.

[Ebunoluwa 6,136]

How long were they married after he became a citizen and what do you mean by agreement ? A prior agreement that they would enter a sham marriage and divorce after he naturalized ? With common fraud being the situation you describe I don't think his ex wife will receive a visa if they marry again.

[Bodmas 2]

it is not a fraud what I mean is that they both agree on the divoice (uncontested divoice) mutual agreement

[Penguin_ie 5,996]

He can marry the ex and file for her, but as the others have said, it will be a huge red flag, especially if the divorce of the African ex was swiftly followed by the marriage to the USC, and/or he divorced the USC soon after citizenship, and/or if the divorce happened only a short time before he now wants to marry the African ex.

[Bodmas 2]

also note that the wife she got divorce from recently from Africa too. so all three people in question here are from Africa

[Ortolan 381]

Sure, your friend can marry his ex-wife, but to be together he'd probably have to go back to Africa, because any CO is going to suspect that he meant to eventually bring her to the U.S. the whole time.

It will cost him money and time, and he'll likely be denied.

But that might be okay with him, because he'll be back together with his true love. If she's what's important, it won't matter to him, will it?

[Jemal deen 9]

This in why we Africans face big problems at the interview

[Ebunoluwa 6,136]

If the gap from divorce to new marriage/engagement is short then the same scrutiny applies, doesn't matter that all people involved are

African, fraudulent people do agree to marry and then divorce to then bring other family members over. That is what has to be overcome and it will not be easy.

You would probably face long AP time and/or petition being returned and then having to proof to USCIS with a NOID/NOIR why the whole thing is genuine.

The burden of proof is on the petitioner and applicant. I would wait at least 2 years between this divorce and re marrying the ex.

[tomyka81 95]

I have seen cases in the USA where people marry, divorce, marry etc. Unfortunately, if everything was legitimate, USCIS will still investigate for fraud. If there are intermediary kids and what not will be scrutinized. Also if fraud is found, the USC can have his citizenship revoked as well. But if by chance, the scenario is genuine and just attributable to life and there was no hanky panky going on with the ex-wife in nigeria during the marriage to the USA based wife, then go for it. There is nothing to fear with the truth.