Marrying another foreigner after divorce

[edmc 0]

Hi all,

Long story but I wanted to come back to VisaJourney and confirm a few things because with my previous visa process these forums were a huge lifesaver. 
 

• I divorced my green card holding spouse (he received his 10 year sometime during it all. It was already processed/approved, he was very fortunate with the timing) because he cheated on me in late 2019-early 2020 and I found out in March 2020. 
  • We started dating in 2014, got engaged in 2016, he moved here in 2017 and we had our wedding party in the same year. 
  • Our marriage was failing in the 3rd year and we did go to couples therapy but he wasn't honest so it went no where. 
  • I did try my best to fix things but in the end he had already "checked out" mentally and it was difficult to reconcile.
  • I do have correspondences, photos, a mortgage, car payments, wedding photos, wedding bills, etc. to prove it was a bona fide marriage.
  • I do have the option to request an affidavit from my ex spouse stating that it was a bona fide marriage. We are not on good terms but I believe he will cooperate.  
  • I do have evidence of his infidelity. Not sure if this would help my case but figured I should mention it
  • Last bit I wanted to mention, we separated in April 2020 and officially divorced in August 2020, I have the divorce decree as well.  
• I did a search on Google and found that there is only a 1 year wait time for the petitioner to get married and petition for another K-1. Is this correct?
  • My boyfriend has not proposed yet but we have spoken about marriage and likely to pursue a K-1 visa around 2024. This is just me being proactive :). 
• My boyfriend is Canadian and we got together late 2020. I know I moved on quick, unfortunately my previous marriage was going downhill for a year. After I found out my ex was cheating I could see a light at the end of a very dark tunnel. An answer to the question I hadn't been able to answer for a year as to why things felt different. I am so much happier now and no longer living in a constant state of worrying and self loathing. 

 

Thanks for reading and any advice/help you may have!

[Chancy 6,241]

26 minutes ago, edmc said:

I did a search on Google and found that there is only a 1 year wait time for the petitioner to get married and petition for another K-1. Is this correct?

 

The rules say 2 years between I-129F petitions.  If you can't wait 2 years, you may submit a waiver request to allow you to file another petition.  But that doesn't apply in your case as it has been more than 2 years since you filed the I-129F for your ex.  So if you want to file a petition for your bf now, you may do so without needing a waiver.

 

That said, if/when you feel ready to marry your bf, consider marrying and pursuing a spouse visa instead.  Your bf has easy access to come visit anyway while waiting for the visa process to complete.  The timeframe for K1 processing is much longer now than it was back in 2017, and for some lucky couples, CR1/IR1 spouse visa processing turned out to be even shorter.

 

[OldUser 6,602]

3 minutes ago, Chancy said:

That said, if/when you feel ready to marry your bf, consider marrying and pursuing a spouse visa instead. The timeframe for K1 processing is much longer now than it was back in 2017

+100 to this. The K1 processing times nowadays are almost as long as your first marriage lasted.

[edmc 0]

9 minutes ago, Chancy said:

 

The rules say 2 years between I-129F petitions.  If you can't wait 2 years, you may submit a waiver request to allow you to file another petition.  But that doesn't apply in your case as it has been more than 2 years since you filed the I-129F for your ex.  So if you want to file a petition for your bf now, you may do so without needing a waiver.

 

That said, if/when you feel ready to marry your bf, consider marrying and pursuing a spouse visa instead.  Your bf has easy access to come visit anyway while waiting for the visa process to complete.  The timeframe for K1 processing is much longer now than it was back in 2017, and for some lucky couples, CR1/IR1 spouse visa processing turned out to be even shorter.

 

Thank you for the advice! I was also worried about the "183 day" rule and can't find much information outside of the definition of it.. My boyfriend I think passes the "substantial presence" test now and not sure what needs to be done.   Would you happen to have any information on this? Due to his situation he's able to visit me 6 months at a time and moving forward we plan on toning that way down. 

 

Also, how does one go about getting married without violating any laws? 😇

[OldUser 6,602]

7 minutes ago, edmc said:

Also, how does one go about getting married without violating any laws? 😇

If your divorce is final and he was never married before or his divorce is also finalized, you're free to marry.

People from all around the world get married in the US on tourist visas to leave the country soon after that. You're not breaking any laws by marrying. The only thing is, CBP may ask about the purpose of his trip and he cannot lie. Also, don't plan adjusting his status after marrying, as this is fraud if planned ahead before he entered the US.

[Chancy 6,241]

23 minutes ago, edmc said:

My boyfriend I think passes the "substantial presence" test now and not sure what needs to be done.   Would you happen to have any information on this? Due to his situation he's able to visit me 6 months at a time and moving forward we plan on toning that way down.

 

The substantial presence test relates to taxation, not immigration.  It means he must file a US tax return if he stays in the US for too long, as defined by IRS here -- https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test

 

Even if your bf stays less than 6 months in the US, if he stays for months at a time or visits too often, the CBP officer at the border may suspect that he is actually living in the US rather than just visiting.  That could result in your bf being denied entry at the border.  Or worse, the CBP officer might suspect that your bf is working illegally while in the US.  Remember that he cannot work, not even remotely for a non-US company, while in the US as a tourist.

 

23 minutes ago, edmc said:

how does one go about getting married without violating any laws?

 

It is perfectly legal for you and your bf to get married in the US if he returns to Canada soon after.  I got married in the US while on a visit, then returned to my home country on the date in my original return ticket.  The US government was fine with it, and now I have my green card.  I'm not sure about the marriage requirements in Canada, but you could go there to marry (instead of marrying here), then file your petition to start the immigration process for your spouse.

 

Edited December 8, 2022 by Chancy
typo

[Crazy Cat 41,806]

1 hour ago, edmc said:

My boyfriend has not proposed yet but we have spoken about marriage and likely to pursue a K-1 visa around 2024. This is just me being proactive :). 

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1        
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse cannot leave the US until she/he receives approved Advance Parole (approx 6-8 months)    
    Spouse cannot work until she/he receives EAD (approx 6-8 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
    A K-1 might be a better choice when 18-21 year old children are immigrating also
    In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice   
    A denied K-1 is sent back to USCIS to expire
    

CR-1
    Less expensive than K-1    
    No Adjustment of Status (I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.
    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
   

 

[Boiler 45,442]

I seem to recollect we have a Member on their 5th K1 so not that unusual.

[Chancy 6,241]

*** Moved from General Immigration-Related Discussion to What Visa Do I Need -- OP has not filed yet, getting info on options ***

 

[little immigrant 801]

Is your ex naturalized? If not, you're still on the hook for the I-864

 

To share a little bit of my experience with you: I'm the foreigner. I divorced my American husband and married another foreigner within a month of my divorce. I sponsored his green card and ultimately he got naturalized. It all went smoothly. 

[edmc 0]

43 minutes ago, little immigrant said:

Is your ex naturalized? If not, you're still on the hook for the I-864

 

To share a little bit of my experience with you: I'm the foreigner. I divorced my American husband and married another foreigner within a month of my divorce. I sponsored his green card and ultimately he got naturalized. It all went smoothly. 

He's not naturalized, that's too bad on the I-864. My ex spouse is doing well in his career so I hope that doesn't come up. 

[Boiler 45,442]

2 minutes ago, edmc said:

He's not naturalized, that's too bad on the I-864. My ex spouse is doing well in his career so I hope that doesn't come up. 

Plus 1 on the I 864, obviously being a second petitioned will come up at the interview.

[edmc 0]

7 minutes ago, Boiler said:

Plus 1 on the I 864, obviously being a second petitioned will come up at the interview.

I have a pretty close family and it's likely that my parents or my brother would be more than willing to sponsor.. fingers crossed!

[Rocio0010 5,579]

2 hours ago, Boiler said:

I seem to recollect we have a Member on their 5th K1 so not that unusual.

Oh he's a repeat offender!!! Lol

 

 

[Rlewis 73]

5 hours ago, edmc said:

Hi all,

Long story but I wanted to come back to VisaJourney and confirm a few things because with my previous visa process these forums were a huge lifesaver. 
 

• I divorced my green card holding spouse (he received his 10 year sometime during it all. It was already processed/approved, he was very fortunate with the timing) because he cheated on me in late 2019-early 2020 and I found out in March 2020. 
  • We started dating in 2014, got engaged in 2016, he moved here in 2017 and we had our wedding party in the same year. 
  • Our marriage was failing in the 3rd year and we did go to couples therapy but he wasn't honest so it went no where. 
  • I did try my best to fix things but in the end he had already "checked out" mentally and it was difficult to reconcile.
  • I do have correspondences, photos, a mortgage, car payments, wedding photos, wedding bills, etc. to prove it was a bona fide marriage.
  • I do have the option to request an affidavit from my ex spouse stating that it was a bona fide marriage. We are not on good terms but I believe he will cooperate.  
  • I do have evidence of his infidelity. Not sure if this would help my case but figured I should mention it
  • Last bit I wanted to mention, we separated in April 2020 and officially divorced in August 2020, I have the divorce decree as well.  
• I did a search on Google and found that there is only a 1 year wait time for the petitioner to get married and petition for another K-1. Is this correct?
  • My boyfriend has not proposed yet but we have spoken about marriage and likely to pursue a K-1 visa around 2024. This is just me being proactive :). 
• My boyfriend is Canadian and we got together late 2020. I know I moved on quick, unfortunately my previous marriage was going downhill for a year. After I found out my ex was cheating I could see a light at the end of a very dark tunnel. An answer to the question I hadn't been able to answer for a year as to why things felt different. I am so much happier now and no longer living in a constant state of worrying and self loathing. 

 

Thanks for reading and any advice/help you may have!

Hi OP! 

just in case you wondered how to get married in Canada!

Marriage in Canada on Visitor Visa

But otherwise you are free to marry in USA as long as your Canadian boyfriend returns home!

We did the K1 as a US/Canadian couple and honestly I'd recommend anyone to go the CR1 route instead of K1 especially if your partner is Canadian. K1 isn't that fast anymore. Might still be of use for people from certain countries or backgrounds but for a Canadian partner I would recommend CR1

 

Good luck!