WHICH route should she take?

[Thomianguy 36]

Good day...

First of all, the questions I am about to ask are not about me or for me. Thank goodness, I went through my process starting in 2015 and was successful 11 months later and my wife has been with me for the past year and a half and much of the information that helped us out was gathered right here on Visa Journey. In fact, we are preparing for that 2 year interview and thank goodness, marriage has been bliss and a new baby has been the crown so far.

A friend of mine recently began dating someone from her home country (Guyana, also my wife's home country) and it has gotten very serious. She knew the person from over a year ago, but was in a one-sided relationship and did not really entertain the someone until the other person in her previous relationship really began getting ridiculous and bare-faced with his cheating (I can verify this story because it was VERY public). As a result, she broke that off and turned her attention to this new person and things have been going well so far. 

The new person has a visitor's visa and can travel back and forth, so seeing one another is not an issue (I did not have that luxury with my wife being able to travel to see me in the states). The current problem is, she needs a divorce from her "husband" who she has been separated from for about a good 3 years, but the financial fallout from the marriage left her financially struggling aided by staggering student loan debt. She is NOW serious about going to get that divorce because she now has a serious love interest that she sees great potential for that she did not have before.

Now, let's say she gets this divorce, what is her best route in filing:

1. A fiance visa?
2. Traditional CR1 visa where she goes to Guyana and marries there and files the papers there?
3. When he visits here, get married to him here and file the paperwork here while he and she continue visiting each other?  

In an additional question, does it look suspicious to the INS if she divorces, say, yesterday, remarries in a month and immediately starts filing? I think she can provide proof of her lengthy separation, as her "husband," as far as I know, has since moved on back to his child's mother.  

[Duncan21 202]

Hello, I am not sure if you found answers yet to your questions but I strongly suggest her getting an immigration lawyer.  This may not be feasible given her financial state at the moment, but if possible then that would be my suggestion.  She would have to write a statement and get it notarized explaining all these circumstances.  She will have to be accurate with timelines such as when the last relationship ended and when did the new one start, etc.  My suggestion would be a fiance visa.  If he comes here and they get married here, they may say that he came with the intent of getting married.  I hope it all works out - good luck to them both!  I suggest you also post these questions in the main CR-1/IR-1 section of VJ.

[Ryan H 3,812]

***Moved from IR-1/CR-1 Process & Procedures to What Visa Do I Need - Family Based Immigration forum.***

 

**Moderator hat off**

 

On 12/8/2017 at 8:18 AM, Thomianguy said:

Good day...

First of all, the questions I am about to ask are not about me or for me. Thank goodness, I went through my process starting in 2015 and was successful 11 months later and my wife has been with me for the past year and a half and much of the information that helped us out was gathered right here on Visa Journey. In fact, we are preparing for that 2 year interview and thank goodness, marriage has been bliss and a new baby has been the crown so far.

A friend of mine recently began dating someone from her home country (Guyana, also my wife's home country) and it has gotten very serious. She knew the person from over a year ago, but was in a one-sided relationship and did not really entertain the someone until the other person in her previous relationship really began getting ridiculous and bare-faced with his cheating (I can verify this story because it was VERY public). As a result, she broke that off and turned her attention to this new person and things have been going well so far. 

The new person has a visitor's visa and can travel back and forth, so seeing one another is not an issue (I did not have that luxury with my wife being able to travel to see me in the states). The current problem is, she needs a divorce from her "husband" who she has been separated from for about a good 3 years, but the financial fallout from the marriage left her financially struggling aided by staggering student loan debt. She is NOW serious about going to get that divorce because she now has a serious love interest that she sees great potential for that she did not have before.

Now, let's say she gets this divorce, what is her best route in filing:

1. A fiance visa?
2. Traditional CR1 visa where she goes to Guyana and marries there and files the papers there?
3. When he visits here, get married to him here and file the paperwork here while he and she continue visiting each other?  

In an additional question, does it look suspicious to the INS if she divorces, say, yesterday, remarries in a month and immediately starts filing? I think she can provide proof of her lengthy separation, as her "husband," as far as I know, has since moved on back to his child's mother.  

 

If a marriage in Guyana were to take place, the filing of paperwork would be done in the US, not Guyana.

 

If they were to marry during a visit, he would have to leave at the end of his authorized stay, intending to use a tourist visa to immigrate is illegal.

 

INS hasn't existed since 2003.  The successor agency, USCIS decides the fate of any petition that is filed and a CO at an embassy or consulate decide the fate of a visa application.