Left the us without AP while on AOS on 2018. My wife got a child with another guy. What are my chances after 7 years on filing ir1 visa?

[Ibama 1]

Hello

 

I was married in 2018. While I started the ajustement of status I leave the usa without advance parole but didn't overstay my visa. In 2019 she got a child from another guy. I was upset with her but we reconcile. And right now after 7 years without her visiting me but she plan to in 15 days, what are our chances through cr1 visa ?

[OldUser 7,232]

It's a complicated case, but it's possible to get approved. Treat it as a new relationship. Don't rush into filing CR-1. See each other few times, make sure you really want to be with each other. After few visits and marrying you, she can file CR-1.

 

P.S. when was the divorce with her finalized?

Edited Monday at 04:34 PM by OldUser

[Ibama 1]

We still married. Never divorce her since I left the us.

[OldUser 7,232]

Just now, Ibama said:

We still married. Never divorce her since I left the us.

So CR-1 doesn't apply to you. You'd be using IR-1 visa in this case. It's a bit unusual you remained married even though you pretty much left relationship and left the US.

 

Did she file taxes as a married person all this time or incorrectly selecting "single"?

[Ibama 1]

Yes you right ir1 visa. She filed all those years as single. But I told her to file this year as MFS.

[OldUser 7,232]

2 minutes ago, Ibama said:

Yes you right ir1 visa. She filed all those years as single. But I told her to file this year as MFS.

She has to amend her prior taxes too. As a sponsor, she'll may be required to show her prior year taxes. Single will hurt your case.

[Ibama 1]

Thanks for this advice. She can go and change all her prior taxes as MFS. And beside that do you see anything that can harm the case. 

She got a child but it's not mine in 2019 and we stayed 6 years without seeing each other beside we were still married ?

[OldUser 7,232]

22 minutes ago, Ibama said:

Thanks for this advice. She can go and change all her prior taxes as MFS. And beside that do you see anything that can harm the case. 

She got a child but it's not mine in 2019 and we stayed 6 years without seeing each other beside we were still married ?

That's why saying treat it as new relationship. Don't rush into filing the case. See each other few times. Build evidence of marriage.

[Dashinka 24,707]

22 minutes ago, Ibama said:

Thanks for this advice. She can go and change all her prior taxes as MFS. And beside that do you see anything that can harm the case. 

She got a child but it's not mine in 2019 and we stayed 6 years without seeing each other beside we were still married ?

As @OldUser stated, you should almost treat this as a new marriage even though it is not.  She should visit you as often as possible while the I130 is processing.  You also need to make sure you have the total story straight as to the history of the marriage as it will most likely be asked about.

 

Good Luck!

[Ibama 1]

Got it. Thank you for this wise advice.

[Rocio0010 5,599]

6 hours ago, Ibama said:

another guy

Is this guy a USC?

[Ibama 1]

2 minutes ago, Rocio0010 said:

Is this guy a USC?

Yes

[Boiler 45,898]

Which Consulate?

[Ibama 1]

12 minutes ago, Boiler said:

Which Consulate?

Senegal 

[Boiler 45,898]

I would front load plenty of evidence of your newly revised relationship