Red flags but legitimate relationship

[Rachaelandnaren 0]

Hello,

Me and my boyfriend wish to meet each other before we start the k1 visa process. We have already met each other in my bf's home country (India) for 1 week and have documents of stay together, my boarding passes and 20 odd pictures (Unfortunately my bf wearing the same shirt in most of them - Or no shirt)

The reason we wish to meet again is that we would like to strengthen our case before we file for k1 visa. When we met, I was still married to my husband and although we were emotionally separated, we were not technically divorced. (For financial reasons - reducing debt burden and so on)

So now the timeline stands getting a divorce in August '16 and then meeting each other in September and then applying for K1 in Oct/Nov '16

This would seem like a hurried decision to the case worker but we have proof of communication from March 2014 (Everyday calls, skype logs, whatsapp logs, tons of hard copy mails and cards). I am not sure how much it should matter that I was still married when we were doing all this. (Is there a way to make a case explaining that the marriage was no longer functional? perhaps in a cover letter?) We wish to be as honest as possible to avoid a rejection.

Long story short, we would like to meet each other again and I would like for my bf to meet in the US on a tourist visa (would save us lots of money instead of meeting in another country)

Is that something that would stand against us?

He would come for 4-5 days and travel back to India to start his normal life and then I can petition for him. But when I do, would that make our case weaker? Since he has travelled to the US to see me because obviously when he is going on a tourist visa he wouldn't want to say that he is visiting his gf because that would seem like he is lying and want to stay here with no intention to return.

Although this is a bona fide relationship, we do have red flags in our story. One being that my first husband is someone I also petitioned for. Unfortunately things just did not workout with him and I. We have a child together and are on good terms despite everything. The other red flag is that we entered this relationship while I was still married. I was no longer emotionally invested in the marriage and when my boyfriend and I met, through work, we just hit it off and things just developed and we fell in love. I did not purposefully go looking for a relationship but it just happened. I am also 5 years older than he is. I've been told a 5 year age gap isn't a big deal. We have every possible piece of evidence they would require but I'm afraid these red flags will overshadow all of that. Any opinions would be greatly appreciated.

[RobertM54 36]

How long ago did you sponsor your current husband?

You probably want to ask your questions in the India sub-forum because many of these questions are country specific.

If you meet again after your divorce, it seems USCIS will approve the petition. Getting the CO in India to approve the visa is another story.

[Penguin_ie 5,993]

The 5 yeah age gap is no big deal.

The getting together while not divorced is a red flag, but a lot will depend on your individual case- for example, were you legally separated from your husband and/ or living in different homes before the relationship began?

Having petitioned your ex is a red flag, but as mentioned above, a lot will depend on the timing here- how long were you married to the ex? How long of a relationship did you have with him before the wedding? How long since his last "immigration event" (AOS, ROC, naturalisation- whatever stage he is at)?

[Rachaelandnaren 0]

The 5 yeah age gap is no big deal.

The getting together while not divorced is a red flag, but a lot will depend on your individual case- for example, were you legally separated from your husband and/ or living in different homes before the relationship began?

Having petitioned your ex is a red flag, but as mentioned above, a lot will depend on the timing here- how long were you married to the ex? How long of a relationship did you have with him before the wedding? How long since his last "immigration event" (AOS, ROC, naturalisation- whatever stage he is at)?

Queen Penguin,

We were not legally separated nor were we living in separate homes when the relationship began.

I petitioned for him in 2008, he has had is green card almost 4 years now. We met in 2007, married abroad in 2008 and he arrived in the US late 2009. I lived abroad with him for almost 2 years until he was able to come to the US. It was also a legitimate marriage, things unfortunately just did not work out. But I would have everything needed if they decided to look into my first marriage as well. Bank account statements, joint tax returns, credit cards, loans. Plus we have a child together. I intend to be absolutely honest about everything as there is nothing to hide in regards to either relationship.

[Anh map 2,098]

You, the petitioner, will face some added scrutiny petitioning for another spouse.

They may ask for info about your ex, and even for some sort of evidence of where he lives or a signed statement from him about what he does, where he lives, etc. Reason being they want to be confident that this is not a marriage for green card scheme.

I was asked to supply a written statement from the ex. It was a pain because my ex wouldn't cooperate. Sounds like yours wouldn't make it difficult.

It's a part of your story. Just be prepared to explain it. Life happens.

[kris&me 572]

he can apply for tourist visa and see what happens

Meanwhile you are not divorced nor have you started the divorce???

Does this husband still live with you?

Is the husband you now have from the same country?

[HFM181818 750]

he will have to apply for and qualify for a tourist visa...and my guess is that it won't be a slam dunk.

[Rachaelandnaren 0]

he will have to apply for and qualify for a tourist visa...and my guess is that it won't be a slam dunk.

Having read so many tourist visa denials on here for Indians, I do believe you. Thinking of meeting in another country now

[Rachaelandnaren 0]

he can apply for tourist visa and see what happens

Meanwhile you are not divorced nor have you started the divorce???

Does this husband still live with you?

Is the husband you now have from the same country?

Still not divorced, in the process now.

Yes still lives with me

He is from Brazil.

> sorry for late reply

[Rachaelandnaren 0]

You, the petitioner, will face some added scrutiny petitioning for another spouse.

They may ask for info about your ex, and even for some sort of evidence of where he lives or a signed statement from him about what he does, where he lives, etc. Reason being they want to be confident that this is not a marriage for green card scheme.

I was asked to supply a written statement from the ex. It was a pain because my ex wouldn't cooperate. Sounds like yours wouldn't make it difficult.

It's a part of your story. Just be prepared to explain it. Life happens.

Thanks for your reply. Yes that would not be a problem. We are ending things very amicably. Is there an ideal amount of time that should pass between actual divorce and starting the petition? I have read numerous accounts and it has varied. But I understand their concern about how this can seem like a scheme for Green card but its not and I think we can only be thorough and honest as a safeguard measure.