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Thread: Filing second i130 for second spouse

  1. #1

    Filing second i130 for second spouse

    Could somebody help me please. I am a US citizen (by birth).

    In April of 2013, I married my first wife (Japanese national) after we had been dating and living together in the US for five years. I filed the i130 for her in July of 2013.

    In August of 2013, I had to move away for a masters program. Soon after, I met and fell in love with the woman who is now my now second wife (a Thai national).

    In March of 2014, my first wife received her greencard at the USCIS interview.

    By October of 2014, I had finalized my divorce to my first wife.

    In June 2015 I married my second wife.

    We are now getting ready to jointly file the i130 and i485 so she will eventually become a citizen. (I should mention that we are both living in the US now, she entered on a J1 visa).

    In summary, I filed the i130 for my first wife, and now need to file it again for my second wife.

    My question. Is this going to look suspicious to USCIS? Will I need to prove that both marriages were bona fide and not fraudulent? Will they even care that I was married and filed an i130 for my first wife?

    I have seen some information about this when the sponsor is a permanent resident but nothing about when the sponsor is a US citizen. It seems not many people have been in my situation. Any advice or information would be deeply appreciated.

  2. #2
    Quote Originally Posted by Scottca View Post
    Could somebody help me please. I am a US citizen (by birth).

    In April of 2013, I married my first wife (Japanese national) after we had been dating and living together in the US for five years. I filed the i130 for her in July of 2013.

    In August of 2013, I had to move away for a masters program. Soon after, I met and fell in love with the woman who is now my now second wife (a Thai national).

    In March of 2014, my first wife received her greencard at the USCIS interview.

    By October of 2014, I had finalized my divorce to my first wife.

    In June 2015 I married my second wife.

    We are now getting ready to jointly file the i130 and i485 so she will eventually become a citizen. (I should mention that we are both living in the US now, she entered on a J1 visa).

    In summary, I filed the i130 for my first wife, and now need to file it again for my second wife.

    My question. Is this going to look suspicious to USCIS? Will I need to prove that both marriages were bona fide and not fraudulent? Will they even care that I was married and filed an i130 for my first wife?

    I have seen some information about this when the sponsor is a permanent resident but nothing about when the sponsor is a US citizen. It seems not many people have been in my situation. Any advice or information would be deeply appreciated.
    It will depend on a couple of factors. first, the reason for divorce. Second, the I134/834 affidavit of support. Third, how you and the Thai person met. The key will be the interview for the adjustment of status and it will be up to the adjudication officer. Some questions will arise on your relationship, but you have to prove that both marriages were/are based on the USCIS definition of a continuous, ongoing relationship and not marriage fraud to obtain residency.
    "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

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