hi,i recently got married to USC, who is 37,im 23. last year he got divorsed, but before it he was seperated from his wife for 2 years, the whole marriage last 4 years. his ex overstayed her status so he filed adjustment for her.i came on J1 s an aupair,than got a tourist visa and also overstayed for a year bcz we couldnt get married sooner because he wasnt divorced. i worry that when we go for an interveiw, we will be seperated right away bcz his both wives overstayed?do they do fraud interview right away or thet will look for proofs first?
It depends on the situation. The USCIS may be concerned if a petitioner has filed for three wives. Yet, it will need to review all the evidence of the relationship and consider what can be uncovered in the course of an interview.
In general, it is wise to have an attorney work with you and your husband if you entered the marriage because you were both in love. If not, you should discuss this situation, as well.
Those who the USCIS adjudicators think may be committing fraud can be separately interviewed to determine whether they married based only for immigration. To marry based only to immigrate is considered a Federal crime.
The need to prove the relationship with verifiable evidence and the complications in marriage visa petition processing encourage many potential applicants to seek assistance from an experienced immigration attorney.
The above is general information and does not create an attorney-client relationship.
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