US citizens 2nd sponsoring of spouse

[ashramak 0]

I am a US citizen. Was married in 2007 to my then spouse who I sponsored in getting her green card . We started having problems in the relationship and could no longer continue so we both agreed to separate and divorced in 2012. I have moved on with my life and married my beautiful wife in 2017 who too is not from the USA and I want her to be with me here in the USA. I want to know if anyone has ever been in this position as I do now and how best to approach it

 

Concerned Husband 

[payxibka 10,045]

27 minutes ago, ashramak said:

I am a US citizen. Was married in 2007 to my then spouse who I sponsored in getting her green card . We started having problems in the relationship and could no longer continue so we both agreed to separate and divorced in 2012. I have moved on with my life and married my beautiful wife in 2017 who too is not from the USA and I want her to be with me here in the USA. I want to know if anyone has ever been in this position as I do now and how best to approach it

 

Concerned Husband 

File the needed forms

[Crazy Cat 41,893]

CR-1  http://www.visajourney.com/content/guides/

[Redheadguy03 505]

You're worried the first sponsor would have an impact on your new petition? It shouldn't be an issue.

 

Multiple waivers close together is a red flag, but you shouldn't have any issues. Just file regularly. 

Edited January 21, 2018 by Redheadguy03

[ashramak 0]

Thanks for all the responses received. Let me ask this thou she has a visitors visa and I really don’t want to be away from her any longer. Will it be ok for her to come to the USA and I just adjust her status here than to have her waiting outside the USA?

[geowrian 22,337]

14 minutes ago, ashramak said:

Thanks for all the responses received. Let me ask this thou she has a visitors visa and I really don’t want to be away from her any longer. Will it be ok for her to come to the USA and I just adjust her status here than to have her waiting outside the USA?

That would be fraud. You cannot enter on a tourist visa with the intent to adjust status.

[Ontarkie 14,228]

~~Moved to IR1/CR1 from US Citizenship General Discussion - As the OP needs to start the CR1 process for his wife.~~

Edited January 21, 2018 by Ontarkie

[ashramak 0]

54 minutes ago, Redheadguy03 said:

You're worried the first sponsor would have an impact on your new petition? It shouldn't be an issue.

 

Multiple waivers close together is a red flag, but you shouldn't have any issues. Just file regularly. 

Yes I’m worried about that. But want to know if it’s ok to let her come up on her visitor visa and then adjust her status whilst here 

[ASMS 86]

5 minutes ago, ashramak said:

Yes I’m worried about that. But want to know if it’s ok to let her come up on her visitor visa and then adjust her status whilst here 

That would be fraud, it means is wrong.

She must wait in her home country to finish the process.

Edited January 21, 2018 by ASMS

[Redheadguy03 505]

7 hours ago, ashramak said:

Yes I’m worried about that. But want to know if it’s ok to let her come up on her visitor visa and then adjust her status whilst here 

No its not ok. Entering on a tourist visa with the intent to adjust is fraud. You'll have to file and be apart, we all did it. We know it's not fun, but you'll get through it. 

[JFH 12,190]

12 hours ago, ashramak said:

Yes I’m worried about that. But want to know if it’s ok to let her come up on her visitor visa and then adjust her status whilst here 

You have already been told that this not possible.

 

The time apart is awful, we all know that. No one here loves their spouse any less than you love yours but we all have to wait. The wait hasn't killed anyone yet. You will survive. 

[sparkles_ 456]

Your timeline basically follows mine, I was married and filed for my ex around the time you did.....filed for my current husband who got his GC in 2016. In the interview it was literally just one question, "I see you filed in this year, for Mr. X." and I said yes this is correct. That was it. But I also had two children from that marriage as well so this could be why it was one and done. TBH, my interview with my current husband was only mild-moderately hard. The time between petitions means a lot.

 

Don't overstay and try to AOS, it can end badly. Just do things the right way, and if you visit her during the wait perhaps. 

[ashramak 0]

2 hours ago, sparkles_ said:

Your timeline basically follows mine, I was married and filed for my ex around the time you did.....filed for my current husband who got his GC in 2016. In the interview it was literally just one question, "I see you filed in this year, for Mr. X." and I said yes this is correct. That was it. But I also had two children from that marriage as well so this could be why it was one and done. TBH, my interview with my current husband was only mild-moderately hard. The time between petitions means a lot.

 

Don't overstay and try to AOS, it can end badly. Just do things the right way, and if you visit her during the wait perhaps. 

Your 2nd husband was outside the us? What was your timeframe from the 1st petition to the 2nd one.

[josue818 20]

On 1/20/2018 at 4:33 PM, ashramak said:

Thanks for all the responses received. Let me ask this thou she has a visitors visa and I really don’t want to be away from her any longer. Will it be ok for her to come to the USA and I just adjust her status here than to have her waiting outside the USA?

DISCLAIMER: I AM NOT AN ATTORNEY or have a license to practice law in any jurisdiction. This message does not convey legal advice but merely information. 

 

If she is already in the US and entered on a visitor visa and you are a US citizen, she is not 100% precluded form going through AOS. The Board of Immigration Appeals have established that in the case of adjustment of status of immediate relatives, the adverse factor of “preconceived intent,” by itself, is outweighed by the equity of the immediate relative relationship itself.  See Matter of Cavazos, 17 I. & N. Dec. 215 (BIA 1980) and Matter of Ibrahim, 18 I. & N. Dec. 55 (BIA 1981). BUT, in light of the new 90 day misrepresentation rule, I would HIGHLY recommend that you speak to an immigration attorney, to see whether the change in the rule, was in any way an attempt by the current administration to  affect these rulings. Good luck!

[sparkles_ 456]

On 1/21/2018 at 4:46 PM, ashramak said:

Your 2nd husband was outside the us? What was your timeframe from the 1st petition to the 2nd one.

Almost ten years between the petitions. No, my current husband was here on a type of student visa.