Jump to content

syzygy

Members
  • Posts

    19
  • Joined

  • Last visited

Posts posted by syzygy

  1. Thanks again to everybody for your input. Yes, I did keep the originals separate and showed them when asked. The person I talked with conferred with (I guess) her supervisor 2 or 3 times before saying they were keeping the originals pending an investigation. Recently I asked about the disposition of the older petition. I was told it had expired and that all files had been destroyed, but obviously they still had my wife's ex-husband's name and the case # on file, so who knows what is still there for them to check? I wonder why, if Beijing does so much, the interviews can't be done in Beijing as well as Guangzhou?

  2. Thanks to everybody for your replies. We took the originals to be compared to the copies. I thought the originals would be returned as soon as they saw that the copies were the same as the originals. So I was somewhat surprised. I was also surprised that there was the possibility of being interviewed at Beijing. My understanding of the process was that after checking to see that the I-130 and I-130a were properly filled in, and that all necessary documents or copies were included, the petition would be sent to Guangzhou, and we would be instructed later how to proceed. My wife's previous American husband submitted his petition in the USA and included no evidence of their marriage. The petition was accepted, and he was informed that further instructions would be sent shortly. At this point I believe the process stopped. I didn't include any evidence of our marriage beyond the required documentation. Since we have been married almost 4 years I thought it was unnecessary, especially since my wife's previous husband's petition was accepted without any additional evidence. My assumption was that any evidence needed would be provided by us at Guangzhou when my wife was interviewed. I have been worried for over 4 years that the fact that my wife had been married to another American and had been sponsored by him for a visa would be a problem. That was why I was troubled by the fact that Beijing retained the originals of the marriage and divorce documents, and said that we might be interviewed in Beijing. This was a different process than what I had expected, and I asked my question here in order to discover whether it was SOP.

  3. My wife and I submitted the I-130 petition and I-130a at the Beijing Embassy recently. I had assumed that all Beijing would do would be to check to see if the forms had been properly filled in and the necessary documents and copies had been included. However, they retained the originals of the marriage certificates and divorce certificates (Chinese), and told us that they would be investigating our case, and that we might be asked to provide more evidence to prove the genuineness of our marriage, and might even be interviewed. This was a surprise to me, as I had assumed that sort of thing would only be done by the Guangzhou consulate.

     

    My wife had previously been married to another American citizen, and he began the immigration visa process which was not completed. I notice that the new edition of the I-130 petition (p.5, Part 4, #10) does ask "Has anyone else ever filed a petition for the beneficiary?"...which wasn't asked before, if I remember correctly. So evidently the US government is being more careful of such cases...something I have worried about for years.

     

    When I asked what the process would involve, I was given a very vague answer...really no answer at all. And I was told that the process might take up to three months to complete before the petition was either accepted and sent on to Guangzhou or denied.

     

    Can anyone tell me what Beijing will do as part of its "investigation", and whether it is SOP to retain marriage and divorce documents? I have asked in another thread if I had cause to worry that my wife's previous marriage to another American would cause problems, but didn't receive much response. The fact is that her previous marriage, on the surface at least, does seem sort of shady.

     

    Is the retention of the marriage and divorce documents a sign that we will in fact have a problem, or is it just standard procedure?

     

    Thanks in advance for your help.

  4. Notice the above the copy was certified by the US Department of State? Since you are going to submit your I-130 at the USCIS office in China, it can probably be a two fer to simply get a certified copy of the passport BIO page while your are there.

    Well...I said I was dense. In my defense though, sometimes the terms used are a little ambiguous, like "passport" (which country?), or "copy" (an original document or a reproduction/photocopy?). Plus I am a little paranoid after reading horror stories about what happens if every "i" isn't dotted or "t" crossed. And I probably tend to overthink things as well, and see meanings where they don't exist. I have since read some new information, now (I think) understand what is involved, and learned that I can get the certified copy of my wife's passport I need at the Shenyang Consulate, which is much more convenient than going to Beijing. I'd rather just need to focus on the I-130 while in Beijing if possible. Thanks again for your help...and your patience.

  5.  

     

    Hi all,

     

    Just wanted to report back and say last week I was able to go to the Embassy in Beijing and get my wife's passport certified.

     

    The American Citizens Services room was the absolute busiest I've ever seen. I'm not sure if it was because people had to get things done before the holiday, OR, similar to me, people needed to make a visit for tax purposes. Normally I'm in and out in about 15 minutes. But this time I was there waiting to check-in, pay, and then receive our documents for about 1 hour and 30 minutes.

     

    I registered the appointment using only my name, but the guards at the gate let my wife come in with me. For certifying her passport, she was not needed and just sat in the little waiting area as I did everything, but, it was nice the guards let her in just in case she was needed.

     

    I brought her completed and signed Form W-7, but the Embassy workers did not look at it or check anything.

     

    I confirmed multiple times that we need her passport certified for the W-7 and receiving the ITIN. A couple different Embassy workers both said they know exactly what we need, and over the past few weeks each day there are a handful of people coming in to get passports certified for tax purposes.

     

    Her passport was certified by making a photocopy of it, stamped with a marking of "The original document of which, this is a photocopy, appears to be genuine and unaltered and to have been made at the time purported. This photocopy consists of 1 page(s)." *signed by the Vice Consul of the Embassy*

     

    The document was also stamped with a "For U.S. IRS use only" stamp.

     

    For good measure, they also "stamped" the document with the raised seal impression stamp of the Embassy.

     

    So, that was my experience. They said they knew exactly what I needed for the W-7, and in the run up to the tax season they went over protocol. Sincerely hope this is the case and I don't have trouble down the line!

     

    This year has been a mess for our taxes. I have always completed my taxes myself, but after gotten married last February (2015) and my wife also registering her (well, our business - but only registered in her name to simply things) business in Hong Kong last May, it's been such a headache!

     

    Trying to figure out how to file jointly with a non-US citizen, getting the ITIN, certified passport, completing the tax papers to register the business when filing our joint return, EIN for a non-US citizen with no SSN or ITIN, etc. The most tricky part was actually determining what is the best way to register the business so we have as little paperwork and as few headaches as possible.

     

    Time to stop complaining! Issues many of you have been through too..........glad I see the light at the end of the tunnel now, finally.

     

    I want to get the joint returned filed within the next couple weeks. It should take about 6-8 weeks for us to receive the ITIN number. Because we're filing jointly, my wife will be treated as a US citizen for tax purposes. So she'll have to get her ITIN and use it to make her FBAR filing for her non-US bank accounts before the June 30 deadline. Whew!

     

    Anyways, hope you all had a wonderful time celebrating the Chinese New Year! For the first time in 5 years, we did not go back to Sichuan for the CNY this year - the previous 6 months have been absolutely jam packed with so much, plus we were back in Sichuan in the fall for 3 weeks for our wedding there. We're celebrating here in Beijing. It's been nice taking it easy the past few days, actually having time to cook at home, enjoying the non-stop fireworks outside, and more. Hopefully in the next couple days friends will be able to go out as family activities die down, and we can see friends and organize some meals and all that type of fun stuff.

     

    Kind of a rambling message here, BUT, just wanted to report back on my experience getting my wife's passport certified.

     

    Take care everybody!

     

    dan

     

    P.S. Sorry, no time to check for typos, being called to the table for dinner!

    I wish I had seen this a few days ago. It answered so many questions I have been asking. I thought I had done a thorough search here, but I somehow missed this. Great post! Thanks!

    • Like 1
  6. Hey all,

     

    I need to get a certified copy of my wife's passport in order to get her an ITIN and thereafter submit our joint tax return this year.

     

    Is the prevailing wisdom at this point still to make an appointment with the Embassy (here in Beijing), and bring the following:

     

    1) Current valid passport for wife.

    2) Appointment letter from consulate.

    3) Completed Form W-7.

     

    Correct?

     

    Also, because the two of us will have to go together, I'm thinking I should just make the appointment's name in my wife's name to be on the safe side.

     

    And to be clear, they will simply provide us with a document that says her passport has been certified, not directly give us the ITIN; we then submit the original document certifying her passport with Form W-7 with our taxes, right?

     

    I'm pretty sure this is the procedure. Just thought I'd check with you guys so we don't end up wasting a trip and time going to the Embassy only to have to do it all again.

     

    Thanks!

     

    dan

    I am probably being pretty dense here, and I'm sure everybody else reading this knows the answer, but am

     

     

    Well as some of you all know my sister in law received her certified copy of her passport

    for W-7

    Though it took two trips to Chengdu she came out a winner.

     

    Seeing there has been no document posted here on CFL what a certified copy looks like.

    I will post what she received.

     

    gallery_2511_535_203390.jpg

    I know I am being dense here, and I'm sure everybody else reading this knows the answer, but is the passport we are talking about here an American or a Chinese passport? And if it is a Chinese passport, is it enough to submit the certified copy of the passport rather than the original when applying for an ITIN?
  7. Attach photocopies of every document to the I-130 petition filing and keep the originals.

     

    Bring the originals when submitting the I-130 petition so they can verify that the copies match the originals, they will not keep passport or any of the original documents.

     

    USCIS does not require any certified copies with the I-130, simple photo copies are fine.

     

    As for IRS and the ITIN and certified copies, there are many topics on this: http://candleforlove.com/forums/tags/forums/ITIN/

     

    Tax Returns are a requirement of the I-864 when interviewing for visa later, and will need ITIN when filing a joint return.

    Thanks for the great reply! And thanks for the related link. It was late and I was tired, so I probably didn't research the topic as I should have. Sorry. I'm glad to know that the original passport will not be kept and that I can use it when I apply for the ITIN. I discovered that when trying to efile you also need an ITIN for your spouse even when not filing jointly. My wife is a Chinese national, lives in China, is not filing a return (either on her own or jointly with me), has no taxable income, is not being claimed as a dependent by me, and is not claiming any tax benefits, but still needs an ITIN!
  8. When I file the I-130 petition, I know I need to show both original passports, as well as copies of the biographic pages. Will my Chinese wife's original passport be retained at that time, or will it be returned to her? I will need it to apply for an ITIN for her later. Also, can anybody explain what this means: " Your wife needs to apply for ITIN with IRS. If she needs her Chinese passport to be certified, please make an online appointment with ACS for notary service." What is meant by a "certified" Chinese passport? Is the original passport in some way "certified" or authenticated, or is a certified/authenticated copy issued? Or must a "certified" copy of a Chinese passport be obtained from the Chinese Government?

     

  9. Form I-130, Part C, 18.requests "Address in the United States where your relative intends to live" I am a permanent resident of the PRC. Although I own a home in the USA, it is currently being rented out for income, and I do not have a residence in the USA at the present time. I do intend to return to the USA shortly and rent an apartment. That being the case, how should I answer the question?

  10.  

     

    Well, .... I married 2 of them, & brought both of them over... Not at the same time of course :victory: Now I might be concerned if I ever try it again. :rotfl: I won't.

     

    My present wife was CCP because it was pushed on her by her boss because she was a civil servant as an athlete for China. She wrote and quit some months before the interview. She did have the extra wait for it, but it worked No questions about previous anything of either of us.

     

    Good lord 3 yrs in China together. Should be easy. Lots of pictures. I even sent one of a broken bed frame, what the hell...

    Yeah, 3 years of marriage...most of it together in China, God Help Me!...should count for something! So you finally learned your lesson after two tries? Didn't you ever hear "The third time's the charm"? LOL! A broken bed? As the character in "The Quiet Man" said: "Impetuous!" BTW, my wife has 3 photos of her and her ex in bed, in their clothes, unsmiling. I wonder what the visa interviewer would make of that?

     

    Get rid of the pictures.

     

    I haven't actually seen them. She described them to me a couple of days ago, after much persuasion. Knowing how embarrassed she is by this previous marriage, she may get rid of them herself. I thought they might actually prove the marriage was bona fide, and be useful at her interview. But a couple in bed, clothed and unsmiling, isn't very indicative of a true marriage. Or maybe it is, given enough time together!

  11. Well, .... I married 2 of them, & brought both of them over... Not at the same time of course :victory: Now I might be concerned if I ever try it again. :rotfl: I won't.

     

    My present wife was CCP because it was pushed on her by her boss because she was a civil servant as an athlete for China. She wrote and quit some months before the interview. She did have the extra wait for it, but it worked No questions about previous anything of either of us.

     

    Good lord 3 yrs in China together. Should be easy. Lots of pictures. I even sent one of a broken bed frame, what the hell...

    Yeah, 3 years of marriage...most of it together in China, God Help Me!...should count for something! So you finally learned your lesson after two tries? Didn't you ever hear "The third time's the charm"? LOL! A broken bed? As the character in "The Quiet Man" said: "Impetuous!" BTW, my wife has 3 photos of her and her ex in bed, in their clothes, unsmiling. I wonder what the visa interviewer would make of that?

  12.  

    Which is faster: filing a petition for a greencard/immigration visa for a spouse in China (the petitioner and beneficiary both living in China) or the petitioner filing in the USA while the beneficiary is living in China?

     

     

    When you file the petition with a USCIS office in China (either Guangzhou or Beijing). it is processed by the overseas office and then sent directly to the Dept. of State in Guangzhou. This is MUCH faster than filing the same petition in the U.S., where it has to also go through the National Visa Center, or NVC.

     

    To do this, you must LIVE in China. It is known as DCF or Direct Consular Filing.

     

    (duplicate posting removed)

     

    Can you define "Much faster"? I know that trying to estimate timelines here is a tricky business, so I don't expect a lot of specifics. I am going to be in the USA for several months. Do you think it would be a wash if I submitted my petition then, or waited six months or so and did it when I return to China? Thanks for your patience.

  13.  

     

     

    Thanks for the reply. I didn't include details because I was trying to be discreet. I have seen online lists of ten or twelve things the government considers "red flags", and her previous marriage displays most of them. Some of them include: 1) petitioner was unemployed and poor; 2) disparity in educational attainment, university (wife) vs high school (husband); 3) difference in race, African-American vs Han Chinese; 4) different social class/background; 5) secret marriage, (wife told very few friends or family members; did not even tell son); 6) marriage soon after a divorce, (wife divorced Chinese husband shortly before marrying her American husband, although they had been separated for some time); 7) and now the fact that she is being petitioned by a second American husband. I guess my main question is to what extent the government will scrutinize the previous marriage, both before and during the interview. As I said, IF the government looks closely into the facts of the marriage, it is a near certainty, IMHO, that they will be very suspicious. Then the question is, will my wife need to prove that the first marriage wasn't a "sham"? THAT will be difficult, again IMHO. And if she can't convince the government that her previous marriage wasn't a "sham", will the government conclude our marriage is a "sham" also? I take your point about my doing some soul searching. But I am convinced my wife was only guilty of extremely poor judgement and naivete, not intending to defraud the US government. After more than three years of marriage I am about as sure of her sincerity as is humanly possible...always admitting that I may be wrong.

     

    As I've said, you can marry anyone you wish, for any REASON you wish. There is no scam here, since she did not receive immigration benefits through the marriage.

     

    Your reasons 1) through 6) went away when they divorced. Anyone can make a mistake. She has the advantage of having recognized hers.

     

     

     

    "Your reasons 1) through 6) went away when they divorced. Anyone can make a mistake. She has the advantage of having recognized hers." I may add, I suspect what finally drove her to divorce him was his increasingly violent behavior, which frightened her, and led her to believe he might graduate to actual physical abuse after they returned to America, where she would be isolated and unprotected. Parenthetically, IMHO, she would never have gotten a visa, because the marriage had so many characteristics of a "sham" marriage, but she wasn't sophisticated enough to realize that (and of course, I may be wrong). This added fact (which is partly speculative) may shed more light on the case and on her motivations and decision mking process.

     

     

     

    Her "decision making process" is not in question. You need to concentrate on your (and her) present relationship and visa process.

     

    I apologize for saying this, but your obsession with her previous relationship seems excessive.

     

    But of course, I only know you through what you've posted here - it's up to you and her to sort that out.

     

    You are exactly right. I'll try my best to "shut up" and "let it go"! Thanks again for your sane comments!

    • Like 1
  14.  

    Thanks for the reply. I didn't include details because I was trying to be discreet. I have seen online lists of ten or twelve things the government considers "red flags", and her previous marriage displays most of them. Some of them include: 1) petitioner was unemployed and poor; 2) disparity in educational attainment, university (wife) vs high school (husband); 3) difference in race, African-American vs Han Chinese; 4) different social class/background; 5) secret marriage, (wife told very few friends or family members; did not even tell son); 6) marriage soon after a divorce, (wife divorced Chinese husband shortly before marrying her American husband, although they had been separated for some time); 7) and now the fact that she is being petitioned by a second American husband. I guess my main question is to what extent the government will scrutinize the previous marriage, both before and during the interview. As I said, IF the government looks closely into the facts of the marriage, it is a near certainty, IMHO, that they will be very suspicious. Then the question is, will my wife need to prove that the first marriage wasn't a "sham"? THAT will be difficult, again IMHO. And if she can't convince the government that her previous marriage wasn't a "sham", will the government conclude our marriage is a "sham" also? I take your point about my doing some soul searching. But I am convinced my wife was only guilty of extremely poor judgement and naivete, not intending to defraud the US government. After more than three years of marriage I am about as sure of her sincerity as is humanly possible...always admitting that I may be wrong.

     

    As I've said, you can marry anyone you wish, for any REASON you wish. There is no scam here, since she did not receive immigration benefits through the marriage.

     

    Your reasons 1) through 6) went away when they divorced. Anyone can make a mistake. She has the advantage of having recognized hers.

     

     

     

    "Your reasons 1) through 6) went away when they divorced. Anyone can make a mistake. She has the advantage of having recognized hers." I may add, I suspect what finally drove her to divorce him was his increasingly violent behavior, which frightened her, and led her to believe he might graduate to actual physical abuse after they returned to America, where she would be isolated and unprotected. Parenthetically, IMHO, she would never have gotten a visa, because the marriage had so many characteristics of a "sham" marriage, but she wasn't sophisticated enough to realize that (and of course, I may be wrong). This added fact (which is partly speculative) may shed more light on the case and on her motivations and decision mking process.

  15. Just my free opinion: those facts and others you could have offered are not the subject of any standard questions, except for the party.

     

    I mean they don't ask if you were chatting with your wife while she was married to somebody else.

     

    They don't ask if her previous relationships were abusive.

     

    But, they will have a record of dates and they can make their own timeline.

     

    Even though you are married, they need to see that you have a bonafide relationship.

     

    CCP will add some months for a background check.

     

    Since you are already married and presumably want to go forward with her immigration, then answer their questions honestly and without distracting details.

     

    DO provide copious evidence of your bonafide relationship.

     

    I think her previous half attempt at a spouse visa is not disqualifying. It does suggest a context for how you met and they do want to know if a couple has met online.

    Thanks again. I know I have tried your patience, for which please accept my apologies. You are right: it is all needless worry; it all depends on the final decision of the USCIS. None of us can predict that. I guess I was just trying to get some sense of how much I should be worried, if at all. As I said, from the moment I first learned of another American husband, I began to worry...and the more I learned, the more serious my worries became. But it is out of my hands. Thanks again.

  16. They care, for instance, about a criminal record. But you don't indicate she has one.

     

    They care if she has been denied a visa before, which she hasn't.

     

    They care if she was a member of the communist party.

     

    They care if YOU have done this before, which I don't think you have mentioned.

     

    But, they don't care if you or she has made a mistake in marriage before. But, they do like to see some space in time between each of yours divorce and then meeting, courting and marrying each other. That is, yours is now a bonafide relationship.

     

    I don't think they will be investigating her past legal marriage in a "what was she thinking" kind of way.

     

    If everything she told you is true and there was no visa fraud attempted (which you say is true) then worrying about the possibilities of what could go wrong will do you no good, even though we all do it.

     

    I have a thing about marrying females but that doesn't delegitimize my relationship with them.

    Two issues here. 1) she and her previous husband did begin the petitioning process, although it wasn't completed (as far as I know; she didn't get a green card and didn't come to the USA); and 2) she and I were emailing (as friends) while she was married to her first (Chinese), abusive husband, and her second, American husband (also somewhat abusive, at least threatening), although I was not aware she was married at the time. At that point we were just "friends". We married about 1 year after her divorce from her American husband; she married her previous American husband very shortly after her divorce from her Chinese husband (although they had been separated for some time, I believe.) But in trying to determine whether our marriage is bona fide, wouldn't it be reasonable for the USCIS to look into past marriages to Americans, especially since they at least began the petitioning process, in order tp determine a pattern of behavior? I am sorry if I am beating a dead horse here, but everything I have read leads me to think that the USCIS deems every marriage to be a "sham" unless and until it is proven otherwise, and are glad to grab hold of any evidence to the contrary. Thanks for your responses and your patience. BTW, she IS a rank-and-file member of the CCP.

  17.  

    My wife was previously married to another American citizen. They began the petitioning process and it proceeded at least to the point where they were informed that the application had been approved and that she would soon receive further instructions (about the interview I assume). I don't know why or how the process was ended, but to my knowledge my wife was never interviewed, and she of course never came to the USA. Later she and her husband divorced. Before we were married all I knew was that she had been married to another American and had divorced him. From the first I was afraid that the mere fact that she had been married to another American would raise a red flag when we applied for her visa as my wife. After we were married I learned more things about the marriage, divorce, and her husband which made me even more concerned. Without going into all the details, her marriage to her first American husband displays many of the signs of a "sham" marriage. I don't believe it was a "sham" marriage, but I can see why the USCIS might suspect that it was, given the facts. My questions are: 1) will the USCIS investigate the previous marriage in depth; and 2) if the USCIS concludes it was a "sham" marriage (which given their bias I think they might), will they assume that our marriage is fraudulent also? For the record, we have been married for over three years, and have lived together for most of that time in China.

     

     

    I ha​ve​ read a couple of things online​ which lead me to believe that a previous marriage to an American would be a red flag that might trigger scrutiny of the previous marriage, especially since my wife and her then husband had started the petitioning process. My real concern is that if the USCIS looks closely at that marriage, and asks about it at my wife's interview, the facts they would discover might very well convince them that it was a "sham" marriage. As I said, I don't think it was a "sham" (although my wife was guilty of very poor judgment which to this day I don't fully understand), but it certainly has many of the characteristics of a "sham" marriage. It seems to me, that if the USCIS were to be convinced it was a "sham", then they might well conclude ours is a "sham" as well, although living together for three years does seem to indicate a valid marriage. I guess I am a bit paranoid, since everything I have read seems to indicate that the USCIS takes it for granted that everybody petitioning for a visa is trying to defraud the US Government, and that the petitioners are guilty until they can prove they are innocent. That being the case, might not the USCIS explain away the three years we have lived together? I mean, they might rationalize that I am sincere, but that my wife is cynically playing a long game, in hopes of eventually getting a green card. I don't believe that is the case, but given the bias of the USCIS against petitioners, are my fears completely unfounded? I would very much appreciate it if you could give me an opinion concerning this.

     

     

    Under U.S. law, you can marry anyone you want, whether she's a scammer or not. Three years of marriage and living together should erase any doubt as to whether the marriage itself is a scam.

     

    You don't provide any details about "many of the signs of a "sham" marriage", so it's impossible for us to judge. You may wish to discuss the matter with a good immigrations attorney whom you CAN discuss these details.

     

    You may also wish to explore your own feelings about the situation before committing to bringing her to the U.S.

     

    Thanks for the reply. I didn't include details because I was trying to be discreet. I have seen online lists of ten or twelve things the government considers "red flags", and her previous marriage displays most of them. Some of them include: 1) petitioner was unemployed and poor; 2) disparity in educational attainment, university (wife) vs high school (husband); 3) difference in race, African-American vs Han Chinese; 4) different social class/background; 5) secret marriage, (wife told very few friends or family members; did not even tell son); 6) marriage soon after a divorce, (wife divorced Chinese husband shortly before marrying her American husband, although they had been separated for some time); 7) and now the fact that she is being petitioned by a second American husband. I guess my main question is to what extent the government will scrutinize the previous marriage, both before and during the interview. As I said, IF the government looks closely into the facts of the marriage, it is a near certainty, IMHO, that they will be very suspicious. Then the question is, will my wife need to prove that the first marriage wasn't a "sham"? THAT will be difficult, again IMHO. And if she can't convince the government that her previous marriage wasn't a "sham", will the government conclude our marriage is a "sham" also? I take your point about my doing some soul searching. But I am convinced my wife was only guilty of extremely poor judgement and naivete, not intending to defraud the US government. After more than three years of marriage I am about as sure of her sincerity as is humanly possible...always admitting that I may be wrong.

  18. My wife was previously married to another American citizen. They began the petitioning process and it proceeded at least to the point where they were informed that the application had been approved and that she would soon receive further instructions (about the interview I assume). I don't know why or how the process was ended, but to my knowledge my wife was never interviewed, and she of course never came to the USA. Later she and her husband divorced. Before we were married all I knew was that she had been married to another American and had divorced him. From the first I was afraid that the mere fact that she had been married to another American would raise a red flag when we applied for her visa as my wife. After we were married I learned more things about the marriage, divorce, and her husband which made me even more concerned. Without going into all the details, her marriage to her first American husband displays many of the signs of a "sham" marriage. I don't believe it was a "sham" marriage, but I can see why the USCIS might suspect that it was, given the facts. My questions are: 1) will the USCIS investigate the previous marriage in depth; and 2) if the USCIS concludes it was a "sham" marriage (which given their bias I think they might), will they assume that our marriage is fraudulent also? For the record, we have been married for over three years, and have lived together for most of that time in China.


    I ha​ve​ read a couple of things online​ which lead me to believe that a previous marriage to an American would be a red flag that might trigger scrutiny of the previous marriage, especially since my wife and her then husband had started the petitioning process. My real concern is that if the USCIS looks closely at that marriage, and asks about it at my wife's interview, the facts they would discover might very well convince them that it was a "sham" marriage. As I said, I don't think it was a "sham" (although my wife was guilty of very poor judgment which to this day I don't fully understand), but it certainly has many of the characteristics of a "sham" marriage. It seems to me, that if the USCIS were to be convinced it was a "sham", then they might well conclude ours is a "sham" as well, although living together for three years does seem to indicate a valid marriage. I guess I am a bit paranoid, since everything I have read seems to indicate that the USCIS takes it for granted that everybody petitioning for a visa is trying to defraud the US Government, and that the petitioners are guilty until they can prove they are innocent. That being the case, might not the USCIS explain away the three years we have lived together? I mean, they might rationalize that I am sincere, but that my wife is cynically playing a long game, in hopes of eventually getting a green card. I don't believe that is the case, but given the bias of the USCIS against petitioners, are my fears completely unfounded? I would very much appreciate it if you could give me an opinion concerning this.

×
×
  • Create New...