Second marriage of USC to alien

[miag8]

Hello, I need some help on my situation. I entered the USA on a visa waiver and sent before my I-94 expired an application for an extension of stay. I just found out that it was denied because I entered with the waiver and I am now out of status.

In the meantime, I have met this great man, a USC that has sponsored his first wife (FYI real marriage that didn't work out). When we met they were already separated but not divorced. (If you're wondering, I am not the reason of their separation, we met after. He stayed married this long so that his wife could get her green card).

He is divorcing her right now and want us to get married a month later. I really want to get married with him because I love him so much but I'm scared that the USCIS will make it difficult for us. Is it too soon for us to get married right after his divorce? Can he sponsor for a second wife? Will the USCIS investigate also his first marriage and make the process harder?

The other option would be for me to go back to France and apply from there but then I'm afraid they'll denied my application since I overstayed unknowingly.

I hope you'll give me some information and hope about my situation and don't judge me.

[Marie]

First of all, bienvenue sur le site :) We don't just here at all.

He can file for you. They may think it's suspicious but they also may not. I would gather as much evidence for your relationship, that it's real, that you had no intentions of staying when you arrived on the VWP.
I don't know if this is a good idea but maybe you could get something from his wife saying that the marriage was real but it didn't work out.

I would definitely consult an immigration lawyer though. Laurel Scott has a free chat on Wednesdays and you can ask her questions.

[nineten]

They might look askance at his getting married so quickly after a divorce especially to another alien especially one month after his divorce. If I'm not mistaken I think I've read where those that have filed the I-130 look better when they've married at least three months later after meeting spouse. I guess any amt. of time sooner than that might look suspicious as to why it was so quick. All situations are different.

You already admitted that he stayed married that long so the former wife could get her green card. (That was magnanimous of him. But getting married one month after a divorce, he might get questioned more in an interview at a later time, no? They might really dig into detail about his prior marriage depending on how long it was and might think that he's helping out illegals by marriage. They might even think there is monies being transfered because of the one month time frame. One month later to marry again to another alien, hmm, he might best be prepared to answer a lot of questions in the future, no?) Hopefully more members will chime in on this. I personally can't advise you on which way to go but good luck to you both.

[miag8]

Thanks for the fast answers and the help :wink:

I am pretty sure that the interview process will be fastidious if we marry that quickly but we do have tons of evidence of us being together for real. I want to be honest and tell immigration that we have known and loved each other before his divorce but will it hurt me more? Or should I just say we had been friends through his separation and divorce and decided to be together right after? I just don't want us to look bad that day.

Anyways, I think you are right and we should consult a lawyer to help us with this.

Merci beaucoup!:)

[Pooh79]

miag8 I wouldn't worry too much as long as both marriages have been real. I petitioned for my ex-husband/daughter's father in 97 and this will be my second petition. My I-130 was approved within 3 months so that didn't raise any questions at that point and it didn't raise any questions at the foriegn consulate either. I have heard that at my hubby's AOS interview I will be grilled as to my previous marriage but as long as you can prove that both were real I don't see a problem. I was married to my ex for 7 years and me and current hubby are going on 5 years in June.

[miag8]

Thanks for the support. Since I have nothing to hide, I'll just have to be honest about it, bring lots of evidence and it should be fine.:thumbup:

[Pooh79]

Thanks for the support. Since I have nothing to hide, I'll just have to be honest about it, bring lots of evidence and it should be fine.:thumbup:

I agree. :thumbup: