Second K-1

[Brian121247]

I got a K-1 for my first wife who was from Russia. We got married in 2002 in the U.S., but she suffered from depression and decided to return to Russia in 2004. She never applied for permanent residency.

 

I met Rose in Shenzhen last month and we decided to get married. I plan to write a short letter for my I-129 application (since it asks if I ever applied for any other K-1) to say that my first wife was never happy here, missed her family, and decided to return home. I assume INS/DOS will do a name check on her and see that she isn't a permanent resident. But I have no definitive way to prove she's back in Russia besides some emails from her, which are not really proof. I'm concerned that they will suspect fraud since this would be my second foreign marriage.

 

Besides interrogation at the fiance interview, what other problems can I expect? Any opinions?

 

Thanks in advance.

[Guest ShaQuaNew]

If you're divorced, then you are not responsible for your ex-wife's whereabouts. While your petition may be more heavily scrutinized and delayed, there is no reason to believe that on the grounds that this is your second K1 that it will be denied. They will have to adjudicate it as any other petition using the same criteria.

[LiandLarry]

First..........."WELCOME TO CANDLE FOR LOVE", happy to have you here.

 

 

There must have been a divorce for your first wife I assume. You are filing taxes as single? The U.S. Government has a record of her leaving the country? There are some here that have gotten a divorce and one month later got engaged or married to a Chinese national. If she is gone and you want to marry.........I don't see a problem. But I am certain there are others who went through this will reply too.

 

Larry

[Guest ShaQuaNew]

Thought a few moments after my previous post and realized that my optimism on your case may have been a mite premature....

 

Also, yes...WELCOME TO CANDLE.... :candle:

 

There is EXTREME likelihood that the USCIS will suspect fraud if they are unable to determine whether your ex-wife ever left the US. There have been a number of recent arrests targeting those that are attempting to defraud the US using fruadulent means to gain entry.

 

You may do yourself well to hire an attorney...

Edited December 2, 2005 by ShaQuaNew (see edit history)

[Brian121247]

First..........."WELCOME TO CANDLE FOR LOVE", happy to have you here.

 

 

There must have been a divorce for your first wife I assume.  You are filing taxes as single?  The U.S. Government has a record of her leaving the country?  There are some here that have gotten a divorce and one month later got engaged or married to a Chinese national.  If she is gone and you want to marry.........I don't see a problem.  But I am certain there are others who went through this will reply too.

 

Larry

173197[/snapback]

She left in Oct 2004, I divorced her in Dec 2004, and am now paying the IRS back because I was married in 2004, but not when I filed a single return in 2005!

 

She was in and out of mental hospitals, which I can prove, and I can offer evidence that we had a genuine marriage. I paid for her schooling and expensive dental work.

 

I am concerned that the govt. may suspect abuse (why else would she leave the U.S.) or fraud since our marriage didn't last very long. But I don't feel like volunteering a lot of negative info at the beginning. Especially since most people would then question why I would risk marrying a foreign woman again.

 

I think it's a testament to my Rose (Xing Ping) that from the moment I met her I didn't have any qualms, despite the harrowing experience I had with my first wife. And let's face it, a lot of people suffer from depression, not just foreigners. I just didn't realize Lyuda's problem soon enough to get her the help she needed.

[Randy W]

If you have a divorce decree, and they can determine that she HAS left the country, I would think you're okay, unless someone decides to come after you for fraud (unlikely, unless they find evidence) If she left the country without claiming that you abused her, I don't think there's any opening there.

 

The minimalist approach to immigration says to have all information ready, but don't show it unless asked. That is, don't do a thing, until you actually HEAR of any abuse allegation. Otherwise, you're the same as the rest of us - they want a divorce decree, and tax returns. If you don't know that she's left the country, yes, you may want an attorney. But if you have evidence that she has, keep it handy.

 

and Welcome to Candle

[Brian121247]

This seems to be drifting. The short answer is to file the form and answer the question on the form truthfully. Don't add any info that's not required. If USCIS wants it, they'll ask for it.

173207[/snapback]

I assume that she would have to show her conditional residency card to the INS people when she got on the flight to Moscow. So the govt. would have a record that she left, but I don't know what they do with that info, nor how easily it's retrieved (by a name check?). I did get a notice from the USCIS in August 2005 that they had created a record of lawful permanent residence, and that they were going to mail her a permanent resident card within the next 3 weeks. Of course, it never came - I presume since she never applied for permanent status and they figured that out.

[cosmiclobster]

I would also answer yes and not provide any additional information.

In this case it seems that anything you say may be used against you!

Instead of trying to justify it right off the bat, wait and see if they ask for any additional info and even then, only tell them as much as they have asked.

A friend of mine volunteered a little more info than what was necessary and they made him go out of his way to prove his claims!

 

Good luck!

[PJ]

I applied for a second K1 Visa after the first one didn't work out. The first one came to the US on the visa for about 1 week but we never got married.

 

It didn't cause any problems. I did, incidentally, write a letter explaining what had happened, but there were never any questions about it. I don't know if I'd recommend writing a letter or not, but my belief is in my situation it did not help or hurt.

 

P.J.

[Brian121247]

I applied for a second K1 Visa after the first one didn't work out.  The first one came to the US on the visa for about 1 week but we never got married.

 

It didn't cause any problems.  I did, incidentally, write a letter explaining what had happened, but there were never any questions about it.  I don't know if I'd recommend writing a letter or not, but my belief is in my situation it did not help or hurt.

 

P.J.

173237[/snapback]

Can you suggest some terms I can search on for similar posts? When I use things like "multiple visas" or "second visa" I just get my own post!

 

Thanks

[IluvmyLi]

I've been through multiple visas. In my opinion things move quicker because I've already had my name and background checked a kazillion times. I wouldn't sweat it.

Edited December 3, 2005 by IluvmyLi (see edit history)

[NY-Viking]

I got a K-1 for my first wife who was from Russia. We got married in 2002 in the U.S., but she suffered from depression and decided to return to Russia in 2004. She never applied for permanent residency.

 

I met Rose in Shenzhen last month and we decided to get married. I plan to write a short letter for my I-129 application [...]

Ummm... just to clarify .. you've just met Rose and decided to get married within a month?

 

While I'm a believer of love at first sight, this will probably be a matter of some scrutiny, especially combined with your previous K1 experience.

 

I apologize if I misread your post, and I do wish you luck, in your marriage and the visa process.

[Thomas Promise]

Welcome to Candle. I would only provide the USCIS what they ask for on the the 129 F form. Let them ask you for more info.

Good Luck to you.

[philb]

Our Guvermint officials just busted a big smuggling ring from China to California.

 

The article stated that the tip off was CSC (Laguna Niguel) noticed multiple applications for wives by a single person.

 

Got to hand it to those guys! Huh? They took 9 months looking at my application at NVC!

 

I suspect that if there is a problem it will surface at your service center and you can respond quickly. Remember I said IF. Those Guvermint boys are "at the top of their game". They busted 44 people!

 

Phil

[IluvmyLi]

that was multiple applications by the usc at the same time. Not the same as having multiple applications previously.