Green card holder and previous spouse (a bit complicated)

[SalishSea 17,981]

1 minute ago, Boiler said:

F1 vs F3

Right, so obviously the petitioner is not the wife.

[Boiler 45,770]

1 minute ago, SalishSea said:

Right, so obviously the petitioner is not the wife.

 

It just seems to me a little bit odd, you are in F3, your divorce to move to F1,  then do all the immigrations stuff, move to the US, go back and marry your original wife and then have a multi year wait.

 

That is going some. Not in the pantheon but up there.

[Redro 4,611]

38 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. 

visa bulletin

Brother was petitioned as F3 (married sons/ daughters of USC) - September  PD is 8Jan09. 
Brother divorced wife to move to F1 (unmarried sons and daughters of USC) upcoming PD is 01Jan15… Not sure what it was when the brother interviewed for his immigrant visa but as you can see… currently the difference is 6 years and he had already been waiting 10… he divorced just for an immigrant benefit. 

Edited August 11, 2023 by Redro

[SalishSea 17,981]

6 minutes ago, Boiler said:

 

It just seems to me a little bit odd, you are in F3, your divorce to move to F1,  then do all the immigrations stuff, move to the US, go back and marry your original wife and then have a multi year wait.

 

That is going some. Not in the pantheon but up there.

Probably when he concocted his little scheme, he didn't realize F2A would retrogress crazily.

[Boiler 45,770]

22 minutes ago, SalishSea said:

Probably when he concocted his little scheme, he didn't realize F2A would retrogress crazily.

That is quite possible bit it was never going to be quick.

[manyfudge 291]

@LocDenz, simple solution IF they have kids.

The kids presumably followed the dad over on his F2B petition?

In that case, the kids naturalize ASAP and petition mom.

 

Mom and dad live together in the US and don't re-marry.  All they lose is the spousal exemption for estate taxes.

 

 

[Redro 4,611]

5 minutes ago, manyfudge said:

@LocDenz, simple solution IF they have kids.

The kids presumably followed the dad over on his F2B petition?

In that case, the kids naturalize ASAP and petition mom.

 

Mom and dad live together in the US and don't re-marry.  All they lose is the spousal exemption for estate taxes.

 

 

Kids will only be able to petition once they turn 21... 

How old could the kids be? 

[trucphong 24]

I have heard multiple cases in Vietnam got denied because divorced and then re married the same person.

 

 

Lets not talking about visa thing and ask ourselves: How many percent of people will remarry the same person in real life after divorced ? It is really rare so IO wont believe it.