• Regarding immigration

I met someone online. Went to US on tourist visa and married him as his mom was sick and wanted to see her son married. he filed for my i130 the next day after marriage. I came back to home country after a stay of 13 weeks. And was waiting here for the consular processing. But we got divorced before the priority date became current. i informed NVC and withdrew the petition. After a year, i applied for a tourist visa which got denied. i want to know,
1. Can i never apply for a tourist visa now?
2. Will all this affect if i want to marry a us citizen in future? Will it be possible to handle this for the second marriage petition?
Asked 4 years ago in Family Law
Religion: Hindu

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8 Answers

What were reasons for denial of tourist visa ?

You are at liberty to marry US citizen

After marriage you should get visa to visit USA

Ajay Sethi
Advocate, Mumbai
87915 Answers
6207 Consultations

5.0 on 5.0

hello

sir, please elaborate as to how did you get divorced when you were in India. if your spouse came to India to divorce you or you went there then you are legally divorced.

you can apply for the visa but the discretion is with the US authorities to grant you the visa or not.

not if you have been divorced then you can marry a US citizen in the future.yes the second marriage petition can be filed if you marry again to a US citizen

regards

Rahul Mishra
Advocate, Lucknow
13757 Answers
65 Consultations

5.0 on 5.0

1. Can i never apply for a tourist visa now?

Answer: There is nothing like that. You can definitely apply for a tourist visa in the future;

2. Will all this affect if i want to marry a us citizen in future? Will it be possible to handle this for the second marriage petition?

Answer: Frankly speaking, this could affect if you want to marry a US citizen. Since already the above mentioned incidents happened in your life, so there could be suspect of the same happening. But you don't need to worry too much about this.

This is my response to you;

1. You can check this website: https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/[deleted]/[deleted].html

2. If link does not open then refer this:

20.4 Petition Withdrawal.

A petitioner or applicant may withdraw a petition or application prior to adjudication. Withdrawal is a voluntary action. It should not be coerced, although it may be suggested as an alternative to a formal denial. Whenever a withdrawal is received, it should be acknowledged, in writing, for the record. Although a withdrawal by a petitioner is not necessarily an indication of fraud, the facts surrounding any prior withdrawal should be considered in the event a subsequent petition is filed by the same pe titioner. See Matter of Isber 20 I&N Dec 676 (BIA 1993)

A petition which has been withdrawn cannot be denied. See Matter of Cintron , 16 I&N Dec 9 (BIA 1976).

Where a visa petition has once been withdrawn based on an admission by a party that the marriage was solely entered into to bestow an immigration benefit, any subsequently filed visa petition involving the same petitioner and beneficiary must include at the time of filing: (1) an explanation of the prior withdrawal and (2) evidence supporting the bona fides of the parties' relationship. The BIA has held that “[t]he petitioner bears a heavy burden to establish the bona fides of the marital relationship in the case of a prior visa petition withdrawal and an admission of a fraudulent marriage, and, absent the submission of the previously related materials at the time of filing, a district director can reasonably deny the petitioner based on the admission made in conjunction with the prior withdrawal” [emphasis added]. See Matter of Laureano , 19 I&N Dec. 1 (BIA 1983).

3. So definitely it does not mean that your withdrawal of the petition means that there was some fraud;

4. Since your divorce did happen you have ample proofs.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

1. No you can apply for.tourist visa you should first enquire reason of denial of tourist visa and on same you can file your representation

2.no this won't cause any.problem if you marry second time tough there can be chance that you have to satisfy the authority with the reasons and further your to be husband has to take permission for your arival visa.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Firslty, when you are going for a tourist visa then it doesn’t mean that you can’t get marry to someone irrespective of the reason behind that.

Secondly, you should challenge it before the right tribunal.

Thirdly, as if there is any such rules to deny the visa on the ground of previous marriage or divorce then it must be stated by them , and if not then you can’t deny the same.

Fourthly, if you want you can challenge it before the High Court under the Writ of Mandamus for seeking answers from them doing the same.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Given details are incomplete.

On what note VISA denied ?

Once divorce granted, no bar to remarry anyone.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You need to know on what grounds your visa is getting rejected.without the said endorsement it is difficult to give advice. Only on grounds of divorce they can't deny you visa.

Prashant Nayak
Advocate, Mumbai
27245 Answers
88 Consultations

4.4 on 5.0

1. You have to abide by the U laws.

If the US laws do not permit you to enter that country within a stipulate period after the previous debacle, you may have to wait for completion of the stipulated period.

2. Second marriage is your choice. It will not affect that. However for visa after the second marriage, you check with the local attorney for the rules that govern this situation.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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