Previous Marriage to USA citizen: Red Flag?

[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 question is: 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 will), 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. Thanks for any input you can give me.

[Trinity71]

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 question is: 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 will), 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. Thanks for any input you can give me.

Regardless of what the first marriage was or wasn't, if you file a petition it would be based on your current marriage. If it's a real marriage, you should be fine. You have been married and lived together outside the U.S. for over 3 years. That is not typically what a "sham" marriage looks like.

This is my opinion and not legal advice. Use of this information is strictly at your own risk.

Trinity71

[syzygy]

Regardless of what the first marriage was or wasn't, if you file a petition it would be based on your current marriage. If it's a real marriage, you should be fine. You have been married and lived together outside the U.S. for over 3 years. That is not typically what a "sham" marriage looks like.

This is my opinion and not legal advice. Use of this information is strictly at your own risk.

Trinity71

Thanks. I had read a couple of things online which led me to believe that a previous marriage to an American would be a red flag that would trigger scrutiny of the previous marriage, especially since my wife and her then husband had started the petitioning process. My real concern was that if the USCIS looked closely at that marriage, and asked 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 as you say, 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? Thanks again for your comment. I'd like to hear from others who are in a similar situation, although from what I can tell, it seems to be a rare occurrence.