Jump to content
malenonimmigrant

Previous marriage to an alien

By malenonimmigrant in Adjustment of Status from Work, Student, & Tourist Visas

 Share

9 posts in this topic

Recommended Posts

malenonimmigrant Contributor

malenonimmigrant   10

Posted
Filed: IR-1/CR-1 Visa Country: Kenya
 Timeline
Posted

I am a born USC that used to be married to alien and have since been divorced from him for the past 10 years. We were married for 3 years and he got his green card through the marriage, but he was interviewed alone at the consulate office in his home country.

I have since re-married and found the love of my life. Coincidentally, he happens to be on an h1b visa and I petitioned him for the green card through marriage. We have all the usual documents to prove our marriage is bonafide (joint bank accounts, joint credit cards, joint tax returns, family pictures together, joint lease, joint renter's insurance, joint auto insurance, trips together, etc.) and really love each other.

Our interview is in 2 weeks to where we both have to attend. I was hoping if anyone has some advice on whether my previous marriage to an alien who got his green card will affect me in any way. If so, what can me and my husband to better prepare ourselves from scrutiny? Should we provide more evidence?

Thank you!

10/1/2011 - OPT to H1b

11/5/2015 - Got married to wife (USC)

03/7/2016 - AOS package receipt

04/6/2016 - Biometrics completed

07/6/2016 - EAD card received

9/17/2016 - Notice of interview at USCIS San Francisco office received

10/20/2016 - Date of AOS interview CR1 at USCIS San Francisco office

10/26/2016 - Conditional Green Card Received

Link to comment
Share on other sites
malenonimmigrant Contributor

malenonimmigrant   10

Posted
Filed: IR-1/CR-1 Visa Country: Kenya
 Timeline
  • Author
Posted

How long ago was your other marriage? Did your previous spouse file a joint ROC petition?

That marriage was sometime in 2004. We divorced in 2007. I re-married 8 years later in Nov 2015. Yes, we had his conditions removed. I do believe he is a naturalized citizen now, and has since re-married.

10/1/2011 - OPT to H1b

11/5/2015 - Got married to wife (USC)

03/7/2016 - AOS package receipt

04/6/2016 - Biometrics completed

07/6/2016 - EAD card received

9/17/2016 - Notice of interview at USCIS San Francisco office received

10/20/2016 - Date of AOS interview CR1 at USCIS San Francisco office

10/26/2016 - Conditional Green Card Received

Link to comment
Share on other sites
Mollie09 Proficient

Mollie09   1,543

Posted
Filed: Citizen (apr) Country: Brazil
 Timeline
Posted

That marriage was sometime in 2004. We divorced in 2007. I re-married 8 years later in Nov 2015. Yes, we had his conditions removed. I do believe he is a naturalized citizen now, and has since re-married.

Seems pretty clear cut, you shouldn't have a problem. I'd just have handy all the documentation from the first filing just in case.

Link to comment
Share on other sites
JFH Grand Master

JFH   12,190

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

*~*~*moved from "CR-1 spouse visa case filing and progress reports" to "adjustment of status from work/study/tourist visa" as OP is enquiring about adjustment from H1B*~*~*

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Link to comment
Share on other sites
Mounat Explorer

Mounat   74

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

Nothing to worry about. You may still be asked about it since it's in the system but simply stating the facts like you did here should suffice.

Good luck and report back.

Link to comment
Share on other sites
Ebunoluwa Veteran

Ebunoluwa   6,136

Posted
Filed: AOS (apr) Country: Cyprus
 Timeline
Posted

You could be asked questions about your previous marriage and about him in general.
Your husband should know when you married, divorced, his name and why the marriage did not work out.

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

Link to comment
Share on other sites
Ortolan Rising Star

Ortolan   381

Posted
Filed: Citizen (apr) Country: Netherlands
 Timeline
Posted

Honestly, your first marriage/divorce was a long while ago, and you have all the proofs necessary for bonafide marriage, so try not to worry overmuch, ok? Good luck on your interview!

"Wherever you go, you take yourself with you." --Neil Gaiman

Link to comment
Share on other sites
Boiler Grand Master

Boiler   45,519

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Did you put No 1 down for the I 864?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...