Wife's previous marriage to another American

[syzygy]

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.

Edited February 7, 2017 by Randy W
formatting (see edit history)

[Randy W]

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.

[syzygy]

 

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.

[Randy W]

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.

[Greg.D.]

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.

[syzygy]

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.

[Greg.D.]

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.

[syzygy]

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.

[syzygy]

 

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.

Edited February 9, 2017 by Randy W
fix quote blocks (see edit history)

[Randy W]

 

 

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.

[syzygy]

 

 

 

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!

[Doug]

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

[syzygy]

Well, .... I married 2 of them, & brought both of them over... Not at the same time of course Now I might be concerned if I ever try it again. 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?

[chilton747]

 

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

[syzygy]

 

 

Well, .... I married 2 of them, & brought both of them over... Not at the same time of course Now I might be concerned if I ever try it again. 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!