Divorced ex-spouse (L2) unlawful entry and my options

[d73b3e]

Hello,

My situation is as follow:
- I renewed my L1-B visa and my ex-spouse L2 on Nov 2018. We divorced and got finalized on Jan 2019. Suffered from the breakage and the demanding job, I did not inform USCIS about the divorce as well as knowing about such action.
- She entered the US on Feb to Mar 2019 to visit her boyfriend using her "terminated" L2. I was not aware of this until recently, when I must file for an extension of my L1-B petition.

Does her unlawful entry affect my extension application? How can the consular officer use this to deny my extension application?

- I'm also getting re-married and want to bring my new family to the visa interview. My new spouse has a kid with her previous marriage and she is in custody of the child. Due to the nature of our long distance relationship, and the hardship of COVID pandemic we can't have a proper wedding ceremony. We have a lot of messages and phone calls, though.

Is there any difficulty in getting her and my stepchild L2 visas so they can join me?

Thank you very much for any help you can offer!!!
Much appreciated

[Libra_14]

- I renewed my L1-B visa and my ex-spouse L2 on Nov 2018. We divorced and got finalized on Jan 2019. Suffered from the breakage and the demanding job, I did not inform USCIS about the divorce as well as knowing about such action.
- She entered the US on Feb to Mar 2019 to visit her boyfriend using her "terminated" L2. I was not aware of this until recently, when I must file for an extension of my L1-B petition.

Consult an attorney & inform USCIS about she misusing her visa. She can be banned to re-enter into USA.

Does her unlawful entry affect my extension application? How can the consular officer use this to deny my extension application?

No - its not your fault.

- I'm also getting re-married and want to bring my new family to the visa interview. My new spouse has a kid with her previous marriage and she is in custody of the child. Due to the nature of our long distance relationship, and the hardship of COVID pandemic we can't have a proper wedding ceremony. We have a lot of messages and phone calls, though.

Is there any difficulty in getting her and my stepchild L2 visas so they can join me?

At the time of her visa interview, the onus is on you & your new spouse to prove that your marriage is legitimate.

You/she will most likely face extra questioning - keep ample proofs ready, like your marriage certificate(s), divorce documents ready for both of your first marriage & your wedding pictures depicting local rituals are performed in presence of both of our parents & kids. Feel free to inform the VO that your ex-spouse is misusing her visa.

[d73b3e]

...

Thanks a lot! I was not thinking about the option of telling the officer about her misusing her visa. I have no intention to harm her & her new family, I just want to keep communication with her at minimum. Is it OK to not informing the officer unless being asked?

Thanks again!

[Libra_14]

Thanks a lot! I was not thinking about the option of telling the officer about her misusing her visa. I have no intention to harm her & her new family, I just want to keep communication with her at minimum. Is it OK to not informing the officer unless being asked?

Its not about your intention of harming her, however the VO might think that you moved your first wife to USA (by sponsoring her L2 visa) & then marrying another one & bringing her as well to USA (sort of trafficking).

Last, do not hide any truth or tell any lie to any officer in USA.

[d73b3e]

...

Thanks so much for this. Much appreciated!