Divorce with current k1 sponsor before AOS, found new love - questions!

[AshMarty 360]

12 minutes ago, Kastrs said:

Yes I do think they would be asked if called for an interview and of course they should be truthful about their relationship

but still please see matter of sesay

once again I NEVER advocated or said to lie

https://mikebakerlaw.wordpress.com/2011/03/23/matter-of-sesay-k-1-fiancee-who-timely-married-petitioner-may-adjust-status-even-if-marriage-has-ended-bia-holds/

 

Just because I needed to look up what Matter of Sesay actually was. Here is the link because this poster keeps repeating himself. Haha

[Cyberfx1024 7,980]

2 minutes ago, Suss&Camm said:

It is a long-shot...but the chance exists with a good lawyer dependingon the circumstances too of course.

I never said it wasn't a long shot at all, and can be overcome with a good lawyer just like you said. But in all honesty it might just be easier for the OP to go come and come back as a K1 with the new gf. 

[Suss&Camm 2,213]

5 minutes ago, JFH said:

Matter of Sesay has been quoted several times here. Whilst this could apply, there is the huge task of proving that the marriage was entered into in good faith when in such a short space of time the beneficiary has found a new love and changed sexual orientation. I could see there being a stronger case if there was no new partner on the scene and the beneficiary was alone. Can you picture the interview? If the USC says "well, in all honesty we are not together anymore and she is now planning to marry her girlfriend less than 6 months after marrying me". 

I agree with your conclusion but not with your premises...

1. If he cheated, and there's proof, there was still a good faith marriage.

2. As said, OP never said they "changed sexual orientation".

 

There are plenty of problems here to over come... they are technically not impossible... but who on earth would want to do it that way with all the risks is more my question.

Edited October 11, 2017 by Suss&Camm

[Unlockable 7,314]

6 minutes ago, JFH said:

Matter of Sesay has been quoted several times here. Whilst this could apply, there is the huge task of proving that the marriage was entered into in good faith when in such a short space of time the beneficiary has found a new love and changed sexual orientation. I could see there being a stronger case if there was no new partner on the scene and the beneficiary was alone. Can you picture the interview? If the USC says "well, in all honesty we are not together anymore and she is now planning to marry her girlfriend less than 6 months after marrying me". 

Agreed also. Petitioner could be very spiteful. Very risky.

[Cyberfx1024 7,980]

2 minutes ago, Suss&Camm said:

There are plenty of problems here to over come... they are technically not impossible... but who on earth would want to do it that way with all the risks is more my question.

You hit the nail on the head and exactly my point. 

 

There is to much at stake right now in case the petitioner gets spiteful which if I were him I might be. We don't know the whole picture so we can't say for sure. 

Edited October 11, 2017 by cyberfx1024

[Suss&Camm 2,213]

6 minutes ago, NuestraUnion said:

Agreed also. Petitioner could be very spiteful. Very risky.

Unless this was an agreement with the OP and petitioner from the beginning...in which case we are back to fraud, but now I'm just speculating.

Edited October 11, 2017 by Suss&Camm

[JFH 12,190]

8 minutes ago, NuestraUnion said:

Agreed also. Petitioner could be very spiteful. Very risky.

Indeed. If we follow the OP's logic and he is the type of man to cheat on his new wife after she gave up everything in her homeland to be with him, then it's not unfathomable to think that he could be so mean as to spill all the details in the interview. If he even shows up. He may be too busy with his new lover also. 

[h3lls1ay3r 29]

I agree that love isn't something we can control. But I also have to remind you of the dozens of emotions that are mistaken for love every single day. 

That said, without me poking too much at your personal life. Yes, you would have to leave and try again, unless your current petitioner wants to risk fraud by making an illegal arrangement. I can't see if this has been mentioned, but your second time around is going to be especially difficult to prove under these circumstances. So be prepared for a lot of scrutiny and a more delayed process than before. Judging by the patience level and attention span demonstrated here, it may be quite overtaxing. 

I do hope you and your current husband figure out what went wrong. The process of k1 itself is quite the test for relationships. Its a shame that you made it this far and late such a short time. Bounce off that rebound you got going on and salvage what you already worked so hard for. That's the best advice anyone should give you.

Best of luck

[David & Diana R 1,005]

21 hours ago, CodieM said:

LOL so many judgemental ppl. I came on here asking the question because I was unsure if what I heard was correct on the phone so wanted to clear it up. Definitely happy to do things the right way. And thanks for the input. 

Yeah, judgemental people here.  Although I bet almost anyone you asked on this planet would be very suspicious of your plans.  How could you do this to your current "partner"?  You haven't even given this a year.  And you already found your "new love" while you are still married to the original person (sucker) who spent all that money, time and resources to bring you here?  You sound very cruel.  Pack your bags and go back to whence you came.

[Suss&Camm 2,213]

1 minute ago, David & Zoila said:

Yeah, judgemental people here.  Although I bet almost anyone you asked on this planet would be very suspicious of your plans.  How could you do this to your current "partner"?  You haven't even given this a year.  And you already found your "new love" while you are still married to the original person (sucker) who spent all that money, time and resources to bring you here?  You sound very cruel.  Pack your bags and go back to whence you came.

If he cheated on her as OP has said I wouldn't feel sorry for the guy.

[Dianalorena 1,153]

I think the problem is, that people tend to forget that life events are seen differently under the immigration lens. 

 

Divorcing because your husband cheated on you, Being luck to meet a new love fast, being bisexual? None of these are big issues in life, or shouldn't be. After all, we are in the constant pursuit of happiness and you do you. Heck, I was with someone for years and it didn't work out. Filed a CR1, canceled it after the first stage, divorced and met my current husband, married after only 7 months of dating, filed again. I'm sure this raises suspicions and it looks shady, and I'm ready to face the consequences of having my case further delayed, RFE's  or even denied. It is what it is, unfortunately. 

I know how you can feel that we are judging you, and I'm guessing some are, but we're also cautious because we see people get denied for far less. 

I personally don't want you and your new girlfriend to go through the money and time spent of filing a new K1 and then being denied. Or you staying in the U.S and not being able to remove conditions on your own. I think you should definitely talk to a good immigration lawyer (or a few) and compare answers. I hope everything works out for you  

 

[GabiMatch 161]

22 hours ago, CodieM said:

I raised a service request for my EAD and they’re currently processing those who applied in April 2017 so I should be hearing soon. EAD is taking a lot longer than 90 days now. 

 

I will not report them but I’m going to ring back and confirm what I was told and see what they say because I am all for following the law etc. 

My priority date for AOS and EAD is June 14th and I've got my EAD about 2 weeks ago, so did most of the other June fillers...they are not processing April cases, take a look at VJ processing time and you'll see...something is wrong with your application.

[Cyberfx1024 7,980]

6 minutes ago, GabiMatch said:

My priority date for AOS and EAD is June 14th and I've got my EAD about 2 weeks ago, so did most of the other June fillers...they are not processing April cases, take a look at VJ processing time and you'll see...something is wrong with your application.

I can't imagine what's wrong with her application

[Suss&Camm 2,213]

11 minutes ago, GabiMatch said:

My priority date for AOS and EAD is June 14th and I've got my EAD about 2 weeks ago, so did most of the other June fillers...they are not processing April cases, take a look at VJ processing time and you'll see...something is wrong with your application.

Nothing has to be wrong... it has varied between 90-180 days for some even.

[GabiMatch 161]

2 minutes ago, cyberfx1024 said:

I can't imagine what's wrong with her application

Really? You should have take a look at VJ Processing Times, but here it is....He applied in May, raised a SR and still doesn't have any answer...VJ Processing times state:

Processing Dates 
for Common Forms: