US Citizen might be forced to divorce Danish Husband while applying for IR-1 Visa.

[SabMar2015]

Hello,

I'm Sabrina an American citizen and I've been living in Scandinavia for 5 years. My husband is Danish and we have been married for 7 years. We have 2 children together that are both American and Danish citizens they are now 7 and 4 years old. I'm applying for a Immigrant Visa for my husband but I'm having my own immigration issues in the country where we have been living for 5 years and I might be forced to divorce my husband because of a financial problem and the social law here. Would it hurt me to divorce my husband and then re-marry him in the states? I have already sent off the I-130 Petition and I have a receipt number but I've had to send off a letter for them to change the status relation on the G325 A FORMS from K3 relation to IR-1. I'm not sure if I had to send that in because on the receipt it shows that IR-1 is the choice of preference made by the USCIS office. My question is If I divorce my husband because of some situations here in the country that we live in, when I move back to the states can he then travel to the US on his Visa Waiver Program and re-marry me or can we then apply to get a K1 Visa so that we can re-marry again, or will that cause complications due to having already sent off a visa application for him? Thanks for any advice in advance.

[ExperienceIA]

If you divorce him, your current visa application will no longer be valid. Reapplying for him later on will all most certainly look suspicious to immigration officials. But nothing in the law says that he would be barred from the green card; if foreign legal technicalities forced you to divorce him (based on a foreign marriage), you might be able to explain it. That said, it might be a bit risky for him to travel on his VWP to get married in the states (which might be seen as a misrepresentation of intent).

[rayb]

My advice is to keep this simple (to avoid immigration problems later on) and do not divorced, but continue with your I-130 processing for husband. It is only taking about 8+ months from submittal for a spousal petition for an IR-1 visa.

If you must continue with your plan to divorce, you must cancel your I-130 petition, resubmit a K1 petition, then be prepared to deal with a USCIS administrative review of suspicious marital status changes (question of fraud will be an issue).

--Ray B

Hello,

I'm Sabrina an American citizen and I've been living in Scandinavia for 5 years. My husband is Danish and we have been married for 7 years. We have 2 children together that are both American and Danish citizens they are now 7 and 4 years old. I'm applying for a Immigrant Visa for my husband but I'm having my own immigration issues in the country where we have been living for 5 years and I might be forced to divorce my husband because of a financial problem and the social law here. Would it hurt me to divorce my husband and then re-marry him in the states? I have already sent off the I-130 Petition and I have a receipt number but I've had to send off a letter for them to change the status relation on the G325 A FORMS from K3 relation to IR-1. I'm not sure if I had to send that in because on the receipt it shows that IR-1 is the choice of preference made by the USCIS office. My question is If I divorce my husband because of some situations here in the country that we live in, when I move back to the states can he then travel to the US on his Visa Waiver Program and re-marry me or can we then apply to get a K1 Visa so that we can re-marry again, or will that cause complications due to having already sent off a visa application for him? Thanks for any advice in advance.

[SabMar2015]

My advice is to keep this simple (to avoid immigration problems later on) and do not divorced, but continue with your I-130 processing for husband. It is only taking about 8+ months from submittal for a spousal petition for an IR-1 visa.

If you must continue with your plan to divorce, you must cancel your I-130 petition, resubmit a K1 petition, then be prepared to deal with a USCIS administrative review of suspicious marital status changes (question of fraud will be an issue).

--Ray B

"
Hello Mr. Ray B,

Thank you for your quick reply and advice. I do not want to divorce my husband it seems wrong and not right, but the situation we are in I'm almost forced to or I risk my entire life here meaning a place to live and food for my kids within those 8 months. And what about the affidavit of support, I do not have an American income because I haven't lived in America for 5 years now. Don't I have to have an income in order to sign the form? I do not have a soul on this planet that can or will sign the affidavit of support for him so how are our children going to keep their father in their life if I don't take a chance for them? I'm not allowed to stay here after next year and especially now our financial situation has crashed, so I have to go home to America anyways which I had planned to do so anyways. What do I do? Stay married means we go homeless and eventually I get deported without my kids because they are also Danish Citizens that means we live apart until I can get my husband and kids to the states at some point, if I haven't lost my mind by then. We are broke and we have no means to survive here while he is married to me as a foreigner, he can't collect any social benefits while I'm here on a visa just like the immigration rules are in the states, and there are absolutely no jobs here for English speakers, Unemployment is so high here because there are no jobs. Being divorced means I get the help I need to move back home and can bring my kids with me and then I can be my husbands sponsor when I apply for his K1 Visa inside America after I have found a job, then our Children and I can have our family back together" What choice would you make?

[rayb]

You don't have to have an income or have filed U.S. tax returns to sign the I-864, Affidavit of Support. You are the "primary" sponsor. But you will need a co-sponsor for the "real" affidavit of support.

I understand your situation a little better now and grasp why you believe a divorce is necessary at this point. As "ExperienceIA" responded, your plan to divorce and subsequently file a K1 petition for your husband can work, but you will have as many problems explaining and justifying your steps are reviewers along the way (USCIS, NVC, U.S. Embassy in Denmark). The worst criticism you may receive, and it might not happen, is that you are using a K1 visa procedure to circumvent the spousal immigrant requirements. This happens with K1 applicants who marry then try to use a K1 visa to get to the U.S. faster.

Ultimately, you will have to do what it takes to continue to survive and to be a mother and wife.

--Ray B

"
Hello Mr. Ray B,

Thank you for your quick reply and advice. I do not want to divorce my husband it seems wrong and not right, but the situation we are in I'm almost forced to or I risk my entire life here meaning a place to live and food for my kids within those 8 months. And what about the affidavit of support, I do not have an American income because I haven't lived in America for 5 years now. Don't I have to have an income in order to sign the form? I do not have a soul on this planet that can or will sign the affidavit of support for him so how are our children going to keep their father in their life if I don't take a chance for them? I'm not allowed to stay here after next year and especially now our financial situation has crashed, so I have to go home to America anyways which I had planned to do so anyways. What do I do? Stay married means we go homeless and eventually I get deported without my kids because they are also Danish Citizens that means we live apart until I can get my husband and kids to the states at some point, if I haven't lost my mind by then. We are broke and we have no means to survive here while he is married to me as a foreigner, he can't collect any social benefits while I'm here on a visa just like the immigration rules are in the states, and there are absolutely no jobs here for English speakers, Unemployment is so high here because there are no jobs. Being divorced means I get the help I need to move back home and can bring my kids with me and then I can be my husbands sponsor when I apply for his K1 Visa inside America after I have found a job, then our Children and I can have our family back together" What choice would you make?

[SabMar2015]

You don't have to have an income or have filed U.S. tax returns to sign the I-864, Affidavit of Support. You are the "primary" sponsor. But you will need a co-sponsor for the "real" affidavit of support.

I understand your situation a little better now and grasp why you believe a divorce is necessary at this point. As "ExperienceIA" responded, your plan to divorce and subsequently file a K1 petition for your husband can work, but you will have as many problems explaining and justifying your steps are reviewers along the way (USCIS, NVC, U.S. Embassy in Denmark). The worst criticism you may receive, and it might not happen, is that you are using a K1 visa procedure to circumvent the spousal immigrant requirements. This happens with K1 applicants who marry then try to use a K1 visa to get to the U.S. faster.

Ultimately, you will have to do what it takes to continue to survive and to be a mother and wife.

--Ray B

Hello again,
Thanks again for all your help. I have no co-sponsor, I'm alone in the world. Guess I just have to do what I just have to do right.....Thanks for the advice and for the warnings, I'll try to get a lawyer after I have divorced when I get back to the states before I apply for the K1 so I won't have to battle this alone. Thanks for your time Mr. Ray B

Kind Regards,

Sabrina H. K ......

[rayb]

I will suggest that you don't get an attorney (and the fees) involved until you have a problem requiring a legal response or representation at a hearing, neither of which is a sure hurdle at this time.

Another way of looking at your situation is that if a legal divorce is needed to maintain your status in Denmark, you would then be faced with applying for the correct visa to get your husband here. Without an existing marriage (since you will be divorced), you would have no choice but to use a K1 (fiance) visa procedure. You will have access to evidence that the divorce was not obtained to facilitate U.S. immigration, but rather to meet Danish requirements.

Many U.S. K1 visa petitioners have reported on these forums having to re-petition prior wives whom they divorced, but later rekindled the romance and had to use the K1 visa option because flying abroad to remarry wasn't affordable.

--Ray B

Hello again,
Thanks again for all your help. I have no co-sponsor, I'm alone in the world. Guess I just have to do what I just have to do right.....Thanks for the advice and for the warnings, I'll try to get a lawyer after I have divorced when I get back to the states before I apply for the K1 so I won't have to battle this alone. Thanks for your time Mr. Ray B

Kind Regards,

Sabrina H. K ......

[SabMar2015]

I will suggest that you don't get an attorney (and the fees) involved until you have a problem requiring a legal response or representation at a hearing, neither of which is a sure hurdle at this time.

Another way of looking at your situation is that if a legal divorce is needed to maintain your status in Denmark, you would then be faced with applying for the correct visa to get your husband here. Without an existing marriage (since you will be divorced), you would have no choice but to use a K1 (fiance) visa procedure. You will have access to evidence that the divorce was not obtained to facilitate U.S. immigration, but rather to meet Danish requirements.

Many U.S. K1 visa petitioners have reported on these forums having to re-petition prior wives whom they divorced, but later rekindled the romance and had to use the K1 visa option because flying abroad to remarry wasn't affordable.

--Ray B

Hello Mr. Ray B,

I will keep this in mind and get every evidence I can and need to prove my situation for when the time comes. I appreciate all your help. Thanks again.

Kind Regards,

Sabrina....