Ex cheated but got the green card. I divorced, "remarried," now have a baby on the way. K1 vs CR1 vs E2 vs Others?

[Contrast777 0]

Hi!
 

I am a US / Syrian dual national, born in the US.
I married a United Kingdom / Syrian dual national back in 2022.

I initiated a divorce after a couple months of marriage after discovering my ex-husband's infidelity.
Just before the divorce "finalized" (it took 6 months according to my state's law) my ex-husband received his green card.
Instead of making a bigger mess of things, I opted to leave him be, cut contact, and allow karma to run its course.

Shortly after I initiated the divorce, a blessing came my way in the form of a great man. By coincidence, he was similar to my ex-husband, also of UK / Syrian dual background.

 

We fell for each other and around 3 months after I filed for divorce, and a couple months before the divorce was finalized in the US, we got married in a small courthouse type marriage in Syria. Due to religious and cultural reasons, this was necessary for our relationship to develop.

 

It has been a year since then I am now pregnant and due in a few months with my first child. We are happily living together in Singapore and used the Syrian marriage documents to get my visa here. My family is mostly in the US and we could really use the support of family with the baby coming. So begins the search to find the best route to get my husband to the US..

 

My current husband did have a 1-year B2 visa back in 2018 (non-ESTA eligible because of a trip to Syria), visited some family in the US for a few days, then returned home to the UK without issue.

 

I consulted with a US-based immigration attorney and hold him the story outlined above. He suggested applying for a K1 / fiancé visa after saying my Syrian marriage would not be valid in the US because the date on it is before my divorce was finalized in the US. Some have said that we are "too married" now to go the K1 route because I am sponsored as his "wife / homemaker" for the Singapore visa.

 

He also mentioned the option of getting "remarried" here in Singapore, or wherever else, and applying for the CR1 marriage visa, but he said that could take longer than the K1. My concern with doing this is that we would have to "remarry" as soon as we can somewhere to document it, then immediately apply? My case is already going to look odd enough, this would probably make it look fishy? 

 

Some have suggested a B2 and getting married once in the US and doing a change of status. That's basically what happened with my ex-husband. We definitely do not want to go this route, so this is not an option.

 

Given that we have a child on the way soon, but I have a bad history with giving the wrong person a green card in the not-so-distant past, what would you say is the best route to take?

 

Thank you in advance 🙏

[milimelo 4,475]

Marry (Utah online marriage?) and file for spousal visa. K-1 and CR-1 are perhaps two months difference BUT K-1 needs marriage within 90 days of entry, then adjustment of status before one gets a green card. CR-1 goes straight to green card upon entry to the US, can work from day 1, and that much faster to get naturalized. 

[Family 3,988]

1 hour ago, Contrast777 said:

initiated a divorce after a couple months of marriage after discovering my ex-husband's infidelity.
Just before the divorce "finalized" (it took 6 months according to my state's law) my ex-husband received his green card.
Instead of making a bigger mess of things, I opted to leave him be, cut contact, and allow karma to run its course.

Within 2 months of marriage you filed for divorce…thus knew the adjustment was sham.
Days or a month later you start new relationship ( skip to 3 months after filing divorce)..and while still married and first spouse ‘s adjustment is still pending, you leave the States and marry in Syria. Bigamy.

 

Your current marriage is bigamous , and deemed a criminal act in most US States . ..so a bit more than simply “not valid “for US immigration.

 

That first green card was not yours to give away, you were complicit in the sham and an immigration benefit was obtained by fraud.

Does it matter that this time …it’s the real thing? Not really, if they find /allege fraud. …

 

K-1 is a waste of time. ..and you will have a very long road ahead even w I-130.

Edited June 11 by Family

[belinda63 3,038]

Don't forget on the affidavit of support you have to count your ex-husband. So that will be four unless there are more that you haven't mentioned: You, your current non-spouse, your ex spouse, and the baby. Do you have the US based income or someone who will be a joint sponsor.

[Boiler 45,449]

Very long and expensive road ahead, agree forget the K1.

 

Much easier and much quicker to move to the UK.

 

 

[powerpuff 6,685]

Duplicate thread in a different forum removed. Please do Not start multiple threads as that’s spamming and will put your account at risk of admin action.

 

VJ Moderation 

[Rocio0010 5,579]

4 hours ago, Contrast777 said:

Instead of making a bigger mess of things, I opted to leave him be, cut contact, and allow karma to run its course.

I’m sure you had a good heart on this one. But you actually hurt yourself because you allowed the petition to proceed even though you knew that you were no longer married. He got his green card through a sham marriage that you were part of. 
Did you also know that you’re on the hook for the I-864 until he becomes a citizen, works 40 quarters, or naturalizes?

4 hours ago, Contrast777 said:

We fell for each other and around 3 months after I filed for divorce, and a couple months before the divorce was finalized in the US, we got married in a small courthouse type marriage in Syria.

 
This is bigamy in the US. In a lot of States it is a crime.

 

4 hours ago, Contrast777 said:

consulted with a US-based immigration attorney and hold him the story outlined above. He suggested applying for a K1 / fiancé visa after saying my Syrian marriage would not be valid in the US because the date on it is before my divorce was finalized in the US. Some have said that we are "too married" now to go the K1 route because I am sponsored as his "wife / homemaker" for the Singapore visa.

forget About k1. That ship has sailed. You’re too married. 

 

4 hours ago, Contrast777 said:

Some have suggested a B2 and getting married once in the US and doing a change of status. That's basically what happened with my ex-husband. We definitely do not want to go this route, so this is not an option

Firdt of all, most visit visas are denied, especially to a man of a marriage age from Syria. That in and of itself is a factor. The other factor against your case is that he’s married to a USC. So, he’s not going to get one. But even if he did, coming to the US with a visit visa with the intent of adjusting status is fraud. Don’t do it. That would definitely, definitely complicate your case even more. 
 

I think this is a Jim Hacking question.

[Boiler 45,449]

4 minutes ago, Rocio0010 said:

I think this is a Jim Hacking question.

2%

[TBoneTX 45,259]

Thread is moved from the K-1 Process forum to "What Visa Do I Need."

[EM_Vandaveer 2,408]

"a couple months before the divorce was finalized in the US, we got married in a small courthouse type marriage in Syria."

Like I said on Reddit, obviously an invalid marriage as you were not free to marry....

[KMG 125]

18 hours ago, Contrast777 said:

Hi!
 

I am a US / Syrian dual national, born in the US.
I married a United Kingdom / Syrian dual national back in 2022.

I initiated a divorce after a couple months of marriage after discovering my ex-husband's infidelity.
Just before the divorce "finalized" (it took 6 months according to my state's law) my ex-husband received his green card.
Instead of making a bigger mess of things, I opted to leave him be, cut contact, and allow karma to run its course.

Shortly after I initiated the divorce, a blessing came my way in the form of a great man. By coincidence, he was similar to my ex-husband, also of UK / Syrian dual background.

 

We fell for each other and around 3 months after I filed for divorce, and a couple months before the divorce was finalized in the US, we got married in a small courthouse type marriage in Syria. Due to religious and cultural reasons, this was necessary for our relationship to develop.

 

It has been a year since then I am now pregnant and due in a few months with my first child. We are happily living together in Singapore and used the Syrian marriage documents to get my visa here. My family is mostly in the US and we could really use the support of family with the baby coming. So begins the search to find the best route to get my husband to the US..

 

My current husband did have a 1-year B2 visa back in 2018 (non-ESTA eligible because of a trip to Syria), visited some family in the US for a few days, then returned home to the UK without issue.

 

I consulted with a US-based immigration attorney and hold him the story outlined above. He suggested applying for a K1 / fiancé visa after saying my Syrian marriage would not be valid in the US because the date on it is before my divorce was finalized in the US. Some have said that we are "too married" now to go the K1 route because I am sponsored as his "wife / homemaker" for the Singapore visa.

 

He also mentioned the option of getting "remarried" here in Singapore, or wherever else, and applying for the CR1 marriage visa, but he said that could take longer than the K1. My concern with doing this is that we would have to "remarry" as soon as we can somewhere to document it, then immediately apply? My case is already going to look odd enough, this would probably make it look fishy? 

 

Some have suggested a B2 and getting married once in the US and doing a change of status. That's basically what happened with my ex-husband. We definitely do not want to go this route, so this is not an option.

 

Given that we have a child on the way soon, but I have a bad history with giving the wrong person a green card in the not-so-distant past, what would you say is the best route to take?

 

Thank you in advance 🙏

This situation is all kinds of crazy, and yes a USCIS officer, regardless of having a lawyer is going to think it is fishy because it is. You were not free to marry.  This "religious" marriage lacks integrity on so many levels. The rest of us with normal cases are already waiting a year or more for the first step- it will likely be years before this gets worked out.

Edited June 12 by KMG
error

[Rocio0010 5,579]

13 hours ago, Boiler said:

2%

Hey at least it's something

[smilingstone 167]

18 hours ago, Contrast777 said:

Instead of making a bigger mess of things, I opted to leave him be, cut contact, and allow karma to run its course.

 

What bigger of a mess could there be with you opting to knowingly allow your ex-husband to procure a green card (solely granted on the premise of being married to you)?

 

You did this knowing full well that he would not be remaining married to you. This is literally visa fraud.

[Boiler 45,449]

1 hour ago, Rocio0010 said:

Hey at least it's something

Well I was guessing Jim’s reaction 

 

will you be on today? Actually not sure there is one today