PLAIN simple question for I751 and N400

[laughter_man]

If someone gets re-married to a non-US citizen (immigrant overseas)while I751 is pending, is this an issue that will cause issues for N400 considering:

1- applicant provided all necessary proof to prove that his\her marriage to US citizen was bona fide
2-I751 was approved 6 months after submitting the application.
3- I751 was filed separately (all divorce details were included).
4- I751 did not ask specifically ask applicants to update if they got re-married while I751 is pending, and at the time applicant submitted the application. He\she was not yet married.

I have posted earlier and it seems like my official date of marriage took place while I751 was pending. I read something about NSC flash but that was for cases were divorce happened while I751 was pending, this is not my case. Any other NSC flash limitations? your feedback is highly appreciated.

 

[Triple Citizen]

Your I-751 (waiver based) will be adjudicated based on proof of bonafide marriage that you submitted. You re-marrying while the I-751 is pending may not be a factor unless you are called for an interview and the adjudicator explicitly asks for your current marital status. At that point you just need to answer truthfully. How much that interests the adjudicator is a variable no one can predict.

1- applicant provided all necessary proof to prove that his\her marriage to US citizen was bona fide
2-I751 was approved 6 months after submitting the application.
3- I751 was filed separately (all divorce details were included).
4- I751 did not ask specifically ask applicants to update if they got re-married while I751 is pending, and at the time applicant submitted the application. He\she was not yet married.

 

[VisaNutz]

Your I-751 (waiver based) will be adjudicated based on proof of bonafide marriage that you submitted. You re-marrying while the I-751 is pending may not be a factor unless you are called for an interview and the adjudicator explicitly asks for your current marital status. At that point you just need to answer truthfully. How much that interests the adjudicator is a variable no one can predict.

Triple - it looks like the OP's I-751 is already approved. He was asking if this would affect his N400. I don't see why his I-751 circumstances would affect N400.

 

[Triple Citizen]

Oh. I misinterpreted the post. I agree with you. During his N-400, his entire immigration history will be closely looked at but I really do not see why his second marriage and its timing will stick out like a sore thumb. Mind you, depending on the adjudicator, he/she will decide how much weight to give to this fact.

Triple - it looks like the OP's I-751 is already approved. He was asking if this would affect his N400. I don't see why his I-751 circumstances would affect N400.

 

[laughter_man]

Thanks guys for your valuable input.

I understand that you are not lawyers and all, but one question here I have is :

Are you aware of any law that obliges the applicant to update\amend I751 filed separately when the applicant re-marries?

There is a question in I751 that asks: "if you are married, i this a different marriage than the one you obtained your green card through?". As I was not married, I left this blank (which was correct at the time).

Now folks told me about incidents where applicants have divorced while their joint filed I751 was pending, and a a result, they get denied N400 (as per NSC flash 2003). This is clearly not my case, but are you aware if there is a law that obliged me to do update\amend my I751 as a result of re-marriage?

I understand that every IO will deal with things differently, I just want to ask to know what the law says rather than predicting the personality of the IO.

thank in advance for your help.

 

[Jackolantern]

Remarriage to a non-LPR noncitizen while the I-751 is pending or shortly after its approval is a red flag, especially if the new spouse is from your original country or there is evidence of having a prior relationship with that person.

The classic case of immigration-related marriage fraud is when one person marries a USC, becomes an LPR and then a citizen, gets divorced, and then shortly after that they sponsor somebody else from the original country. Basically the marriage to the USC was just a tool to facilitate sponsorship of the noncitizen spouse. To counteract such cases, the law requires you to wait for 5 years after obtaining your own marriage-based GC before you can sponsor somebody else for a marriage-based GC. But even after that 5-year wait, your case may be doomed if you had a child or prior marriage with the new spouse before obtaining your GC.

 

[laughter_man]

My wife is from my home country, but I first met her 10 months after my divorce. What sort of proof that USCIC will need to prove that in this case?

Raising the red flag is one thing and maybe understandable. But if I have strong evidence of good faith marriage from my first wife (like receipts, mortgage, love letters, 25,000 $ wedding, pictures, common trips , etc), would the red flag deem my application as well?

my current wife does not want to apply for a green card after I get the citizenship (she refuses to have anything that I got through my first wife out of jealousy) so I will not apply for her. We might deal with a long distnce relationshipor or even move back to our country after I get the citizenship..plans are not clear.

and the main question remains....is there any law that obliges the applicant to update\amend I751 after re-marriage while I751 is pending.

 

[Jackolantern]

My wife is from my home country, but I first met her 10 months after my divorce. What sort of proof that USCIC will need to prove that in this case?

Probably none in your particular case, if it is true that you met her 10 months after the divorce.

Raising the red flag is one thing and maybe understandable. But if I have strong evidence of good faith marriage from my first wife (like receipts, mortgage, love letters, 25,000 $ wedding, pictures, common trips , etc), would the red flag deem my application as well?

If the red flags are strong enough like having a child or prior marriage or living at the same address years ago with the new spouse before obtaining your GC, that can outweigh your other "good faith" evidence. But it looks like those red flags don't apply to you.

 

[laughter_man]

Probably none in your particular case, if it is true that you met her 10 months after the divorce.


If the red flags are strong enough like having a child or prior marriage or living at the same address years ago with the new spouse before obtaining your GC, that can outweigh your other "good faith" evidence. But it looks like those red flags don't apply to you.

Just to get one thing straight here, so if my current wife gets pregnant and gives birth later on, will this be a red flag as well, or did you mean a child from prior marriages\relationships? I do not have children yet, but I am planning to start a family with my current wife. Logical thinking suggests that they should have nothing to do with that.

I am getting the vibe that nobody is aware of a law (or NSC flash) that obliged me to update\amend I751 for the remarriage while I751 was pending, which is the only point that gives me a headache. If there is, I hope that the IO fo the N400 interview will understand that not many people who are aware of such instructions specially if they are not mentioned in I751 itself.

 

[okalian]

I am getting the vibe that nobody is aware of a law (or NSC flash) that obliged me to update\amend I751 for the remarriage while I751 was pending.

As far as I know, the law obliges you to change it only if you were divorced from the US citizen spouse, which is their primary concern. So even if you married another US citizen, it doesn't affect your I75I.

Go to britishexpats.com and look for posts by sonnyboyusa. I think he married his new wife while pending I751. His I-751 was not adjudicated and approved until he applied for N400. Once his N400 was approved, he filed I130/I485 for his non-citizen new wife.

 

[Jackolantern]

Just to get one thing straight here, so if my current wife gets pregnant and gives birth later on, will this be a red flag as well, or did you mean a child from prior marriages\relationships?

I am talking about a child prior to your GC. A child or other evidence of a pre-GC relationship with your new noncitizen spouse is a big red flag.