Green card holder and previous spouse (a bit complicated)

[LocDenz 0]

Hi all, 

 

I hope someone can help me to understand my brother situation/scenario. My brother was married and got sponsored as F3, however the wait time was too long (he had been waiting for 10 years, but his priority date hadn't changed much) He talked to the lawyer, and they recommended to divorce so his case can change to F1 to shorten the wait time significantly. He did and got visa successful. Now the question is, once he becomes Green card holder, can he go back to marry the same spouse and submit F2A? 

 

Thanks, 

[Boiler 45,486]

Yes

[LocDenz 0]

3 minutes ago, Boiler said:

Yes

Thanks for quick respond. Do you have a reference from USCIS for something like this? The lawyer said my brother may not be able to duplo that tho. 

[Boiler 45,486]

Just now, LocDenz said:

Thanks for quick respond. Do you have a reference from USCIS for something like this? The lawyer said my brother may not be able to duplo that tho. 

Why would USCIS have a reference for this situation?

 

Presumably the Lawyer explained the reasoning, quoted USCIS regulations as to why this would be an issue.

[LocDenz 0]

Yeah, it's confusing me here as well, I don't see any reference about this, but somehow the lawyer said "it will not work". Perhaps, I will ask him to check with his lawyer to be more specific. I just hope if someone experienced this before can provide a bit more info. 

[Boiler 45,486]

2 minutes ago, LocDenz said:

Yeah, it's confusing me here as well, I don't see any reference about this, but somehow the lawyer said "it will not work". Perhaps, I will ask him to check with his lawyer to be more specific. I just hope if someone experienced this before can provide a bit more info. 

If I said it would not work presumably you would ask me why.

[Chancy 6,241]

37 minutes ago, LocDenz said:

He talked to the lawyer, and they recommended to divorce so his case can change to F1 to shorten the wait time significantly. He did and got visa successful.

 

Could be suspected for divorce fraud, if USCIS finds out about this.  From the USCIS Adjudicator’s Field Manual -- https://www.uscis.gov/sites/default/files/document/policy-manual-afm/afm21-external.pdf

 

Unmarried does not mean "never married" and a previously married son or daughter under age 21 is a "child." This raises the distinct possibility that someone might engage in divorce fraud in order to qualify for an immigration benefit. As we do not recognize a marriage which is contracted solely to circumvent immigration law, we also do not recognize a divorce which is obtained solely to circumvent immigration law.

 

[EM_Vandaveer 2,408]

4 hours ago, Chancy said:

 

Could be suspected for divorce fraud, if USCIS finds out about this.  From the USCIS Adjudicator’s Field Manual -- https://www.uscis.gov/sites/default/files/document/policy-manual-afm/afm21-external.pdf

 

Unmarried does not mean "never married" and a previously married son or daughter under age 21 is a "child." This raises the distinct possibility that someone might engage in divorce fraud in order to qualify for an immigration benefit. As we do not recognize a marriage which is contracted solely to circumvent immigration law, we also do not recognize a divorce which is obtained solely to circumvent immigration law.

 

Wow, learnt something new today.

So maybe the lawyer meant by re-marrying they would place their divorce under suspicion that it was done solely to circumvent immigration law - which it sounds like it was......However without re-marrying there would be no sign or proof of that.

[SalishSea 17,827]

16 hours ago, LocDenz said:

Hi all, 

 

I hope someone can help me to understand my brother situation/scenario. My brother was married and got sponsored as F3, however the wait time was too long (he had been waiting for 10 years, but his priority date hadn't changed much) He talked to the lawyer, and they recommended to divorce so his case can change to F1 to shorten the wait time significantly. He did and got visa successful. Now the question is, once he becomes Green card holder, can he go back to marry the same spouse and submit F2A? 

 

Thanks, 

FRAUD.

[Redro 4,611]

19 hours ago, LocDenz said:

Hi all, 

 

I hope someone can help me to understand my brother situation/scenario. My brother was married and got sponsored as F3, however the wait time was too long (he had been waiting for 10 years, but his priority date hadn't changed much) He talked to the lawyer, and they recommended to divorce so his case can change to F1 to shorten the wait time significantly. He did and got visa successful. Now the question is, once he becomes Green card holder, can he go back to marry the same spouse and submit F2A? 

 

Thanks, 

Maybe if after a few years... say 10... your brother realizes he made a mistake and reconnects with his ex-wife. They start writing each other and grow closer. They engage in some couples counseling and try to make it work again. He goes over to Vietnam to visit her a few times. Then they re-marry 20 years down the line... Maybe then USCIS/Consulate won't suspect he:  "divorce so his case can change to F1 to shorten the wait time significantly."

He should have waited for the F3 to be current so he didn't have to choose between his family in the US and his wife in Vietnam. 

[Boiler 45,486]

I have seen this a few times, now admittedly not when someone has gone out and stated that they divorced for this reason, and I was sort of assuming nobody would come out and state this . We reconciled etc.

 

Much more common is when people delay getting married, and of course the big no no those who forget they are married and then want to sponsor their spouse, now those do not end well.

[Boiler 45,486]

I forgot to mention that F2a is retrogressed so quite a desperate plan, but does not make my top 10 of odd stuff.

[mari04 100]

I anticipate that the problem will arise with the IO, when he/she sees that the petitioner is also the previous wife. 

[SalishSea 17,827]

16 minutes ago, mari04 said:

I anticipate that the problem will arise with the IO, when he/she sees that the petitioner is also the previous wife. 

That's not the story here though.  As I understand it, the brother was petitioned by a parent under a family category that requires him to be single.

[Boiler 45,486]

4 minutes ago, SalishSea said:

That's not the story here though.  As I understand it, the brother was petitioned by a parent under a family category that requires him to be single.

F1 vs F3