Marriage With Ex-Wife and Bringing Son to USA

[Amie Huynh 2]

Hello Everyone, 

 

My bro expects to get married again with his ex-wife and bring his son to USA. He has just stayed here since Oct 2016 and surely, he isnt a US citizen, he only has a Green Card. So, is it a problem for him? 

How long will his document take?? In my information, he has to wait for 2 years, is it true? 

And What step does he need to do now? 

 

Hope to see your replies soon! 

 

Thanks all! 

Edited February 2, 2017 by GraceandTiffany

[Unlockable 7,315]

How did he obtain his GC?

 

Yes it will take up to 2 years for him to bring his wife and child here since he is an LPR.

[Amie Huynh 2]

7 hours ago, NuestraUnion said:

How did he obtain his GC?

 

Yes it will take up to 2 years for him to bring his wife and child here since he is an LPR.

He already got his Green Card since Oct 2016

 

Can you explain deeply for me? 

Will the Embassy believe in him? 

Cause he get married with his ex wife

He is being worried about that

And how does he do now? 

He is applying for the Single Certificate here, cause he will come back to VN in this April to run his document 

And can you let me know What will this document be called? Is it F2? 

Edited February 3, 2017 by GraceandTiffany

[NigeriaorBust 4,087]

  If he got his green card through marriage to a US resident then for 5 years he will face extreme scrutiny if he applies for his ex. If they don't believe him they may not only deny the petition but reexamine the method he got his own green card.  

[Amie Huynh 2]

17 minutes ago, NigeriaorBust said:

  If he got his green card through marriage to a US resident then for 5 years he will face extreme scrutiny if he applies for his ex. If they don't believe him they may not only deny the petition but reexamine the method he got his own green card.  

He got green card through my mother in law sponsorship (F2), I mean his mother and he waited for 10 years, he divorced with his wife and now he wanna get married again. 

So, how do you think about this case? 

[Amie Huynh 2]

1 hour ago, NigeriaorBust said:

  If he got his green card through marriage to a US resident then for 5 years he will face extreme scrutiny if he applies for his ex. If they don't believe him they may not only deny the petition but reexamine the method he got his own green card.  

 

He got green card through my mother in law sponsorship (he came here with F11visa), I mean his mother and he waited for 10 years, he divorced with his wife and now he wanna get married again. 

So, how do you think about this case? 

 

Edited February 3, 2017 by GraceandTiffany

[Unlockable 7,315]

OK.

 

Since his GC was through his mother I don't see a problem with him marrying his ex wife again and filing for her. Had it been that he married another woman for a green card and divorced and is now looking to bring his ex wife then it would have been a huge red flag. But since that is not the case he should be fine.

 

Their marriage history may be thoroughly looked at and questioned during the process, though. 

Edited February 3, 2017 by NuestraUnion

[jan22 3,066]

9 hours ago, NuestraUnion said:

OK.

 

Since his GC was through his mother I don't see a problem with him marrying his ex wife again and filing for her. Had it been that he married another woman for a green card and divorced and is now looking to bring his ex wife then it would have been a huge red flag. But since that is not the case he should be fine.

 

Their marriage history may be thoroughly looked at and questioned during the process, though. 

The issue is he likely entered on a visa as the unmarried son of an LPR, since I believe you said he had an F2.  It appears that he divorced his spouse only to qualify for that category and is now quickly remarrying her so she can also immigrate to join him.  USCIS  might not look kindly on this.

Edited February 3, 2017 by jan22

[Unlockable 7,315]

5 minutes ago, jan22 said:

The issue is he likely entered on a visa as the unmarried son of an LPR, since I believe you said he had an F2.  It appears that he divorced his spouse only to qualify for that category and is now quickly remarrying her so she can also immigrate to join him.  USCIS  might not look kindly on this.

 

 

Actually, after I posted that reply I thought about that same scenario you just mentioned. 

[Boiler 46,178]

That was my first thought as well, forgot about his first marriage.

[NigeriaorBust 4,087]

  Actually if he married while waiting he may have voided his petition ( can't believe that wasn't caught if it was the case )  and the remarriage will cause them to look at it again . 

[jan22 3,066]

6 minutes ago, NigeriaorBust said:

  Actually if he married while waiting he may have voided his petition ( can't believe that wasn't caught if it was the case )  and the remarriage will cause them to look at it again . 

That's one scenario.  Or, he could have divorced just before the petition was filed to qualify, but still maintained the relationship with his "ex"-wife.  Or, it was a legitimate divorce, but the relationship rekindled.  Or, he wants to immigrate his son and his ex-wife won't okay that unless he finds a way to get her to the US, too.  There are any number of possibilities....we just don't know.  Whatever it is, his quick remarriage to her right after he immigrates and the quick filing for her immigration will certainly be looked at very carefully by both USCIS and the Embassy during the visa interview.

[maria betances 42]

I marry my EX again and we are now just waiting for hes interview date. 

Edited February 3, 2017 by yaya2004

[KierenHby 899]

Previous marriage, divorce.. and re-marriage to ex.. will likely be scrutinized by the CO. F2 green card could likely figure in the scrutiny as well. 

[Auds 223]

If he has a step son.  I think its possible this was a genuine divorce.  His wife possibly married someone else had a child and is now single again...