Remarried USC petitioning for second spouse

[vilmj 2]

Hello: I was wondering if anyone had experience petitioning for a second spouse.  I am a USC by birth.  I married my first spouse at 23 in 2009, petitioned for them and they were granted conditional residency 6/2010.  The interview was quick and easy and we mainly presented pictures and cards we'd given each other for special occasions.   We began dating 2/2005 when we were both 18 but had known each other since about fifth grade.  We we went to the same elementary, middle, and high school.  We grew up in the same neighborhood.  We applied jointly for removal of conditions on 5/2012, informally separated 7/1/2012 and ROC was approved without interview 11/2012.  The marriage was very rocky and honestly looking back we dragged it longer than we should have.  Mainly because by the time we divorced we had known each other at least 15 years and had known each other more than half of our lives.  We eloped because my family found out my dad was having an affair with a family friend that year and things at home were unbearable.  So being young and naive we got married since we were always together anyway.   We divorced 2/2013 I filed pro se and it was all completed in about a month.  

 I met my current spouse while I was separated and began dating 1/2013 long distance.  We married 8/2013 and I moved across the country to where my spouse lived. We had a daughter  6/2014 and so far everything has been smooth sailing.  I waited so long to file because my spouse has an approved petition through a sibling that has yet to become current.  My spouse will need to go through consular processing.  Given my timeline of events, and prior petition will I have to prove the bonafides of BOTH marriages?  The problem with that is that I've been divorced for five years now, I moved across the country so photos/cards are all gone and I don't even bank in the same place anymore.  My ex and I lived with his parents so there's not a lease either and he was the primary account holder in our joint bank accounts/credit cards.  I recently started attending therapy due to issues including that previous marriage so I would have those notes but not much else.  Please share your experiences if you have petitioned for more than one spouse.  

[Transborderwife 4,666]

Your first marriage is irrelevant as it's been longer than 5 years.  However, that doesn't protect you from additional scrutiny.

[Usagi_tsukino 89]

Very, very similar situation to ours, except we are dealing with adjustment of status (not sure how much it matters, but thought i would share anyway.).

My husband was married, and i am his 2nd spouse. Last time he was married 12 years ago. Well, you can see my "beautiful" timeline in my signature. There is no indication or even a slight sign that whatever is going on with our case is somehow related to his previous marriage, but that's the situation we are at: the case has been pending for over 2 years, absolutely unreasonably. We had 2 interviews, 2 RFE, 1 notice of intend to deny (full of mistakes). And i believe we have a lot of proof of our relationship, we have been together for 6 years, married for 3. Still no GC.

However, I read a bunch of other stories where people petitioned 2nd and even 3rd time and everything went smoothly. The lawyers we talked to also said that the previous marriage (petition) is not relevant.... but that's what we got.
We do not have any other possible red flags (age difference, etc., - all good).

Edited June 1, 2017 by banana_princess

[Auds 223]

24 minutes ago, vilmj said:

Hello: I was wondering if anyone had experience petitioning for a second spouse.  I am a USC by birth.  I married my first spouse at 23 in 2009, petitioned for them and they were granted conditional residency 6/2010.  The interview was quick and easy and we mainly presented pictures and cards we'd given each other for special occasions.   We began dating 2/2005 when we were both 18 but had known each other since about fifth grade.  We we went to the same elementary, middle, and high school.  We grew up in the same neighborhood.  We applied jointly for removal of conditions on 5/2012, informally separated 7/1/2012 and ROC was approved without interview 11/2012.  The marriage was very rocky and honestly looking back we dragged it longer than we should have.  Mainly because by the time we divorced we had known each other at least 15 years and had known each other more than half of our lives.  We eloped because my family found out my dad was having an affair with a family friend that year and things at home were unbearable.  So being young and naive we got married since we were always together anyway.   We divorced 2/2013 I filed pro se and it was all completed in about a month.  

 I met my current spouse while I was separated and began dating 1/2013 long distance.  We married 8/2013 and I moved across the country to where my spouse lived. We had a daughter  6/2014 and so far everything has been smooth sailing.  I waited so long to file because my spouse has an approved petition through a sibling that has yet to become current.  My spouse will need to go through consular processing.  Given my timeline of events, and prior petition will I have to prove the bonafides of BOTH marriages?  The problem with that is that I've been divorced for five years now, I moved across the country so photos/cards are all gone and I don't even bank in the same place anymore.  My ex and I lived with his parents so there's not a lease either and he was the primary account holder in our joint bank accounts/credit cards.  I recently started attending therapy due to issues including that previous marriage so I would have those notes but not much else.  Please share your experiences if you have petitioned for more than one spouse.  

You really need nothing to prove your previous marriage was bonafide.

 

file based in second one, additional scrutiny will withstand a true marriage.  Good wishes.

[vilmj 2]

1 hour ago, Transborderwife said:

Your first marriage is irrelevant as it's been longer than 5 years.  However, that doesn't protect you from additional scrutiny.

I thought the five year limitation only applied if I was the one who obtained status from a USC?  Like if I were an LPR applying for my spouse after divorcing USC.   I might be wrong but that's what I thought. 

[vilmj 2]

47 minutes ago, banana_princess said:

Very, very similar situation to ours, except we are dealing with adjustment of status (not sure how much it matters, but thought i would share anyway.).

My husband was married, and i am his 2nd spouse. Last time he was married 12 years ago. Well, you can see my "beautiful" timeline in my signature. There is no indication or even a slight sign that whatever is going on with our case is somehow related to his previous marriage, but that's the situation we are at: the case has been pending for over 2 years, absolutely unreasonably. We had 2 interviews, 2 RFE, 1 notice of intend to deny (full of mistakes). And i believe we have a lot of proof of our relationship, we have been together for 6 years, married for 3. Still no GC.

However, I read a bunch of other stories where people petitioned 2nd and even 3rd time and everything went smoothly. The lawyers we talked to also said that the previous marriage (petition) is not relevant.... but that's what we got.
We do not have any other possible red flags (age difference, etc., - all good).

Oh no! It just seems like maybe someone dropped the ball somewhere and now you have all this mess going on.  So sorry! i hope everything works out in your favor.  If you don't mind me asking, what is your country of origin? 

[vilmj 2]

40 minutes ago, Auds said:

You really need nothing to prove your previous marriage was bonafide.

 

file based in second one, additional scrutiny will withstand a true marriage.  Good wishes.

Thank you so much for your well wishes.  I truly hope everything works out well. 

[Usagi_tsukino 89]

8 minutes ago, vilmj said:

Oh no! It just seems like maybe someone dropped the ball somewhere and now you have all this mess going on.  So sorry! i hope everything works out in your favor.  If you don't mind me asking, what is your country of origin? 

Thanks for your support, i am from Russia : )

[Transborderwife 4,666]

36 minutes ago, vilmj said:

I thought the five year limitation only applied if I was the one who obtained status from a USC?  Like if I were an LPR applying for my spouse after divorcing USC.   I might be wrong but that's what I thought. 

You're correct I thought that your initial status was from a USC my mistake