K1 after an annulment

[Stasia1618 0]

Long story short. In 2017 my first K1 visa process took 4 months. We got married and our marriage lasted for 2 years and after we decided to split. I've been living in between US and Russia bc my son stayed with his father in Russia. That cause the distance in our relationship with my then husband. Then covid hits and I moved back to Russia completely. My green card expired in 2020. A year ago me and my ex husband went to vacation together after long time apart, and we realized that we want to give us another chance. And we are on this road again. We are applied for k1 in February 18 and we expedited in May for the reason of the Russia-Ukraine situation. Then we got RFE they asked for divorce certificate. Our stupid mistake. And now its been 5 month since "Request for Evidence Was Received". Seems like this is the longest desition they are making on our "complicated" case because they might have to check my background while I was in US. Im confused. Its simple in one hand because we were married and complicated in other, because we annulled our marriage. Im worried that they might denied our case. I have no criminal history while I was in US. Just so you know. Thank you.

Edited October 26, 2022 by Stasia1618

[SalishSea 18,225]

2 hours ago, Stasia1618 said:

Long story short. In 2017 my first K1 visa process took 4 months. We got married and our marriage lasted for 2 years and after we decided to split. I've been living in between US and Russia bc my son stayed with his father in Russia. That cause the distance in our relationship with my then husband. Then covid hits and I moved back to Russia completely. My green card expired in 2020. A year ago me and my ex husband went to vacation together after long time apart, and we realized that we want to give us another chance. And we are on this road again. We are applied for k1 in February 18 and we expedited in May for the reason of the Russia-Ukraine situation. Then we got RFE they asked for divorce certificate. Our stupid mistake. And now its been 5 month since "Request for Evidence Was Received". Seems like this is the longest desition they are making on our "complicated" case because they might have to check my background while I was in US. Im confused. Its simple in one hand because we were married and complicated in other, because we annulled our marriage. Im worried that they might denied our case. I have no criminal history while I was in US. Just so you know. Thank you.

So is the issue that because it was annulled there isn’t a legal divorce certificate?

[Stasia1618 0]

4 minutes ago, Jorgedig said:

So is the issue that because it was annulled there isn’t a legal divorce certificate?

They asked for Divorce certificate from previous marriages. He was twice married. And also asked for proof of bonafide relationship. Im more concerned why is it taking that long to made a desition on our case usually after RFE they make desition quick 

[Rocio0010 5,674]

4 hours ago, Stasia1618 said:

They asked for Divorce certificate from previous marriages. He was twice married. And also asked for proof of bonafide relationship. Im more concerned why is it taking that long to made a desition on our case usually after RFE they make desition quick 

I honestly think they are confused about the situation. I would be too, probably. 
When you left for Russia, did you sign an I-407 to relinquish your green card? I’m asking because you are still a PR, even with an expired green card. Therefore, they might not understand why you are filing again.

So, did you formally relinquish your green card?

If not, did you ever file for Removal of conditions with a divorce waiver?

When you sent this most recent application, did you include a timeline of your relationship, explaining when you got your initial green card, when you left the country, when you filed for annulment and divorce?

[Rocio0010 5,674]

@Mike E thoughts?

@Family

[Mike E 11,742]

1. Did the original application say the marriage ended in divorce or annulment?

 

2. Has the beneficiary every applied for a visa since the first K-1?

[Boiler 46,295]

An annulment after 2 years is very unusual, what was the basis. May be relevant.

 

4 months was quick even then, normal processing times now are nearer 18 months.

[Rocio0010 5,674]

53 minutes ago, Mike E said:

1. Did the original application say the marriage ended in divorce or annulment?

 

2. Has the beneficiary every applied for a visa since the first K-1?

My concern is that OP is filing for a benefit that they already have

[Mike E 11,742]

33 minutes ago, Rocio0010 said:

My concern is that OP is filing for a benefit that they already have

IMO,

 

* DoS and USCIS will happily ignore the old green card 

 

* A competent CBPO will not.  The CBPO should catch this at the port of entry  and one of these outcomes will result: 

 

1. Beneficiary  decides to file  I-407 and enters on the K-1, 

 

2. CBPO cancels  the K-1, admits the LPR as a returning resident, and possibly requires filing I-193 (and likely paying the fee), and possibly issues an I-551 stamp 

 

3.  Beneficiary opts to fight for LPR status. So CBPO cancels the K-1, admits the LPR as an arriving alien, issues an NTA, seizes the gc, issues an I-551 stamp,  and possibly requires beneficiary to  file I-193 (and likely pays the fee)

 

4. Beneficiary files I-407, and then CBPO cancels K-1. The beneficiary is denied entry. Beneficiary should be careful that what is thought to be outcome 1 doesn’t become outcome 4

 

Outcome 2 is most desirable. 
 

The beneficiary should get ahead of this and present the K-1, gc, and extension letter and let CBP sort it out.  

Edited October 26, 2022 by Mike E

[Family 4,254]

OP probably meant “ divorce “ not annulment..

Since she took this path and filed I-129 F , best she executes an I-407 now  and submit proof to USCIS, otherwise I see a denial and wasted time. ..even if she makes it all the way to the interview. .

 

Assuming child is now coming as well…as this was reason given for living in both Russian and USA during previous LPR status?
 

 

 

 

 

[Family 4,254]

OP , please clarify if you Divorced or Annulled YOUR marriage to your ( now ) USC Fiancé. 
 

If you got an annulment, for example in Florida as per your profile…then you have bigger issues as to what those grounds were (..example fraud ) and they will review everything from your first LPR file. 
 

Unfortunately, if the grounds of annulment were fraud ( in family court), USCIS will defer to that and find marriage fraud ..a forever bar.