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problem with spouse visa or no?

problem with spouse visa or no?

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Old Oct 9th 2011, 4:39 am
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Default problem with spouse visa or no?

My husband and I want to file for for spouse visa. We met 2 months ago and married in USA. Will our age difference be a problem of 26 years and the fact he has 6 ex wives? 4 of which were not from USA. How do we send proof of anything jointly? Bills and rented apartment are all in the name of himself. Will all this be a big problem? All we have is photography. I am from germany. Nadine
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Old Oct 9th 2011, 5:23 am
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Default Re: problem with spouse visa or no?

Originally Posted by Vexx
My husband and I want to file for for spouse visa. We met 2 months ago and married in USA. Will our age difference be a problem of 26 years and the fact he has 6 ex wives? 4 of which were not from USA. How do we send proof of anything jointly? Bills and rented apartment are all in the name of himself. Will all this be a big problem? All we have is photography. I am from germany. Nadine
I expect your case will be scrutinized by USCIS, yes. There are a few red flags which you pointed out yourself:

1. You are his 5th foreign wife. Did he also petition for all 4 of his foreign ex-wives to immigrate to the USA, and then divorce them once they were settled in the USA?

2. You've only known each other 2 months and then quickly married.

3. You have a rather large age difference (I assume he is the older one?).

When was the last time he petitioned for someone to enter the USA? There might be a limitation on how many he can petition for in a lifetime, or perhaps a limitation on how long he has to wait to petition for the next one.

Is he still responsible on the affidavit of support for any of those foreign ex-wives?

Are YOU currently in the USA?

Rene

Last edited by Noorah101; Oct 9th 2011 at 5:52 am. Reason: changed last question
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Old Oct 9th 2011, 5:51 am
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Default Re: problem with spouse visa or no?

Originally Posted by Vexx
My husband and I want to file for for spouse visa. We met 2 months ago and married in USA. Will our age difference be a problem of 26 years and the fact he has 6 ex wives? 4 of which were not from USA. How do we send proof of anything jointly? Bills and rented apartment are all in the name of himself. Will all this be a big problem? All we have is photography. I am from germany. Nadine
Being from Germany is in your favor since there is very little immigration fraud associated with Germany and that is likely due to the high standard of living.

If you were his 5th foreign wife from a poor country, that would likely make it all the harder.
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Old Oct 9th 2011, 8:37 am
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Default Re: problem with spouse visa or no?

Yes he did petition for all 4 his foreign ex-wives. Two of marriages lasted 2 years, one 5 years and the other 6 years. He is the older one. He has been divorced for 4 years and last time he petitioned was 9 years ago. He is not responsible for the affivdavit of support for any of foreign ex-wives. Can we do the K3 or CR1 start it while together and then I would leave before the date in my passport tells me to??
What proof can I use? We have photography together and my cousin and her boyfriend was at our wedding.
Nadine
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Old Oct 9th 2011, 10:17 am
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Default Re: problem with spouse visa or no?

Originally Posted by Vexx
Yes he did petition for all 4 his foreign ex-wives. Two of marriages lasted 2 years, one 5 years and the other 6 years. He is the older one. He has been divorced for 4 years and last time he petitioned was 9 years ago. He is not responsible for the affivdavit of support for any of foreign ex-wives. Can we do the K3 or CR1 start it while together and then I would leave before the date in my passport tells me to??
What proof can I use? We have photography together and my cousin and her boyfriend was at our wedding.
Nadine
K3 is outdated and has no advantage and several disadvantages. Do the CR1.
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Old Oct 9th 2011, 10:20 am
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Default Re: problem with spouse visa or no?

Originally Posted by Vexx
Yes he did petition for all 4 his foreign ex-wives. Two of marriages lasted 2 years, one 5 years and the other 6 years. He is the older one. He has been divorced for 4 years and last time he petitioned was 9 years ago. He is not responsible for the affivdavit of support for any of foreign ex-wives. Can we do the K3 or CR1 start it while together and then I would leave before the date in my passport tells me to??
What proof can I use? We have photography together and my cousin and her boyfriend was at our wedding.
Nadine
I do not know if there are any restrictions posed on how many petitions can be filed by one USC for foreign spouses, so probably check with an immigration lawyer to make sure he can do another one.

So all of his foreign ex-wives are now either USC's, are LPR's and have worked 40 qualifying quarters, or do not live in the USA anymore, correct?

You haven't said if YOU are currently in the USA, or if so, what is YOUR status in the USA? The answer of how to go about your immigration depends on your answer to that question.

However, if he wishes to file an I-130 while you are in the USA, and then you depart before the date on your I-94 (not the date on your passport, whatever that is), then as long as he's legally allowed to do so (due to his past foreign wives), then yes, he can do that.

As far as what "proof" you need, everything that goes with the I-130 will be listed in the I-130 instructions at www.uscis.gov.

I strong suggest a consultation with an immigration attorney first, to see how his past marriages might affect your own case, though.

Also, forget the K-3...it's outdated and no longer serves the purpose it was meant for. Stick to the Immigrant Visa.

Rene
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Old Oct 9th 2011, 10:47 am
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Default Re: problem with spouse visa or no?

He thinks that his ex-wives still remain in the US but he is no longer in touch with any of them so cannot be sure of this.
I came to the US on the visa waiver program. He has been told that he can apply for a visa after being divorced for over 3 or 4 years.
I am allowed here for 90 days I believe this is correct. They stamp a date in the passport when you arrive here to say you are permitted to stay for length of time and you must leave before or on what they stamped when you come to US. I came for a vacation only for 2 weeks and we wanted to get married.

If we file now I'm in the US and I go back to Germany can I send my passport to have my name changed? Will this be problem and can I visit him when we apply for CR1? Or can I not go back to US until everything is complete?

I looked at proof needed and we have photography and emails and phone bills and we can get a letter from my cousin who was at wedding and friends of my husband. Will this be enough?

Nadine
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Old Oct 9th 2011, 11:21 am
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Default Re: problem with spouse visa or no?

Originally Posted by Vexx
He is not responsible for the affivdavit of support for any of foreign ex-wives.
Divorce does not release him from his financial obligation under the I-864. If any of the ex-wives are still in the US and have not met the requirements to release him of that obligation... then he is still responsible.

You sound like a nice person... naive, but nice. Do yourself a favor, find out whether or not your husband is still financially responsible for his ex-wives. If he isn't, great. If he is - that could be a very serious situation for you.


He has been told that he can apply for a visa after being divorced for over 3 or 4 years.
Who told him this?


I am allowed here for 90 days I believe this is correct.
Yes.


If we file now I'm in the US and I go back to Germany can I send my passport to have my name changed?
Considering your husband's past, I respectfully suggest that you do not change the name in your passport.

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Old Oct 9th 2011, 11:42 am
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Default Re: problem with spouse visa or no?

My husband just informed me that upon divorces he gave to his previous wives a sum of money and he is no longer financially responsible for his ex-wives.

His lawyer made him aware that he can marry and apply for a visa again to someone who is not a US citizen after 4 years divorce.

I wanted to change my passport and drivers license and bank and bills to my new married name. I want to be known by my new name. I have read about AOS now I am here but I want to do right. My intention was not to get married now but to get married next year but I love him and wanted to be married and we had a chance so we took the chance.

If my passport name is changed to my married name after we file CR-1 visa will this cause a problem? And can I visit my husband after visa application has filed? Is the proof we have I listed above enough? Nadine
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Old Oct 9th 2011, 12:04 pm
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Default Re: problem with spouse visa or no?

Originally Posted by Vexx
My husband just informed me that upon divorces he gave to his previous wives a sum of money and he is no longer financially responsible for his ex-wives.
I'm very sorry that you married this man... he's deliberately lying to you.

There are only 5 ways that he is relieved of his obligation: 1) the person becomes a US citizen; 2) the person earns 40 quarters of eligible social security earnings; 3) the person leaves the US; 4) the person dies; 5) the sponsor dies.

Giving money to the ex-wives does not release him from his obligation.

Since it's likely that none of these 5 things have happened, he is still financially responsible for them... all of them -- and that information must be declared on the I-864 that he will file for you.

As I said earlier, this is a problem for you - a very serious problem.


If my passport name is changed to my married name after we file CR-1 visa will this cause a problem?
No. You are still you.


And can I visit my husband after visa application has filed?
Yes.


Is the proof we have I listed above enough?
Your marriage certificate is proof that you're married.

Ian
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Old Oct 9th 2011, 12:47 pm
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Default Re: problem with spouse visa or no?

We need to talk but more but his first wife moved back to Australia in the late 80's and another foreign wife remarried. This is all we both know. Since we married we are trying to do all this correctly now and I just want to do things the right way.

So we look at the forms and see on the CR-1 visa on i-130 that on D2 he puts the names of his foreign ex-wives , place and date filed and the result?
On i-864 do you it is 21 f that you mean? My husband made me aware that the number of his ex-wives need to be put there but if one is in Australia and the other got marriend again does he put 2 or still need to do 4? We do not need to have sponsor because my husband earns $60,000 and gets more with bonus. When I ask about what proof we need it sounds like to me it needs you to have joint rent agreements on bank account not just a marriage certificate. We have nothing but photography and emails. It tells you to send rent agreements for examples of owning something jointly? I read this somewhere and cannot find it again now.
You are helpful on this. Thank you
Nadine
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Old Oct 9th 2011, 12:50 pm
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Default Re: problem with spouse visa or no?

It says to show evidence of bonafide relationship which could be lease or joint owning property. We could only have emails, photography and affidavits from our friends. Will this be ok?
Nadine
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Old Oct 9th 2011, 2:46 pm
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Default Re: problem with spouse visa or no?

Copies of photographs and letters are generally fine. In your case, given that there are a number of factors likely to make USCIS suspicious, I'd recommend you collect as much as possible. Adding you to a bank account in his name and getting a confirmation letter from the bank is fairly easy and shows commitment - he's giving you access to his money after all. I know some couples remain very protective of their own individual finances so this may not be comfortable for you and/or him. In the circumstances I'd highly recommend tying your finances together as an extra piece of evidence.
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Old Oct 9th 2011, 3:25 pm
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Default Re: problem with spouse visa or no?

Nadine,

If your USC husband has filed petitions to bring over FOUR other foreign wives...he MUST have a very good idea of how this is done! Whether he brought them as a fiancee or a spouse, the system is pretty much the same as it was years ago...the forms haven't changed...he himself should know what to do here.

You are saying you've read the I-130 instructions, so you know what all needs to be included with it, yet you continue to list the same items, asking if it's enough. The I-130 instructions tell you if that's enough. You haven't mentioned any of the other support documents that go along with the I-130, so I can only assume you either didn't read the I-130 instructions or you didn't understand them....and perhaps that your husband is so elderly now that HE can't read them or doesn't understand them anymore....because if he's done this 4 times before, he's well aware of what he needs to send in with the I-130. It's not that different than it was 9 years ago.

I HIGHLY recommend that both of you go together to see an immigration lawyer before you leave the USA, and before filing any paperwork.

Rene
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Old Oct 9th 2011, 3:27 pm
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Default Re: problem with spouse visa or no?

Originally Posted by Vexx
It says to show evidence of bonafide relationship which could be lease or joint owning property. We could only have emails, photography and affidavits from our friends. Will this be ok?
Nadine
Evidence of bonafide relationship does not have to be financial evidence. Ask your husband what kind of evidence he included with his previous I-130's that he filed, and maybe do the same for this one.

Rene
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