Married in China with a Chinese and wanna divorce and get married with an American

[kumakuka]

Hey, I'm right now is going through a very difficult period in my life. Hope I can find some help here.
Long story short:
I got married 2 years ago back in China but we separated right after getting married. I came to USA to finish my school (F1 visa) and he lied about very important things which caused he couldn't come together me. He kept his lies for a while even until I came back to US he refused to tell me the truth. When I found out his lies at the end, I decided to get divorced immediately. That marriage was a trap and I don't think I can trust him anymore. After being alone in USA for almost one year (went back to finalize the divorce thing once because he said he will sign the paper, he again disappointed me by changed his mind at the end of trip back, so I'm still stuck in the marriage ). I met an American and we fell in love. Now we've been dating for one year now and start to thinking about move our relationship to a more serious level which are get engaged and get married.

I'm planning to get back to China to finalize my divorce this summer and come back to get married.

So here are couple of my questions:
1. How long should I wait before getting married again. I filed the last marriage only in China.
2. How long does it take for me be able to work in USA without getting H1B after marrying my American BF.
3. How F1 visa going to change after marrying an US citizen.

Thanks for your time reading my story.

 

[OHRoadwarrior]

Amazing how true love on an F1 always seems to have US citizenship attached. US Immigration will be skeptical you are not marrying for citizenship, since you are not even divorced yet. That said, you need to refer to state law where you live to determine if there is any statutory time before you can remarry. You also need to verify any Chinese law.

 

[LdiJ]

Amazing how true love on an F1 always seems to have US citizenship attached. US Immigration will be skeptical you are not marrying for citizenship, since you are not even divorced yet. That said, you need to refer to state law where you live to determine if there is any statutory time before you can remarry. You also need to verify any Chinese law.

The OP mentioned nothing about US citizenship. The OP asked about being able to work and how marriage would effect the FI visa.

OP, I suggest that you get a consult with an immigration attorney...particularly about the issue of your pending divorce and how it might effect things.

 

[Proserpina]

The OP mentioned nothing about US citizenship. The OP asked about being able to work and how marriage would effect the FI visa.

OP, I suggest that you get a consult with an immigration attorney...particularly about the issue of your pending divorce and how it might effect things.

OHrw may be assuming that marriage automatigically confers citizenship.

You, I and others know this is not correct.

 

[OHRoadwarrior]

The OP mentioned nothing about US citizenship. The OP asked about being able to work and how marriage would effect the FI visa.

OP, I suggest that you get a consult with an immigration attorney...particularly about the issue of your pending divorce and how it might effect things.

So you suspect OP plans on marrying a US citizen and has no plans to stay in the country, using the marriage for a leg up on immigration? I just cut to the endgame.

 

[Proserpina]

So you suspect OP plans on marrying a US citizen and has no plans to stay in the country, using the marriage for a leg up on immigration? I just cut to the endgame.

No, you really didn't.

There are few board members here who are more familiar than I with issues relating to Immigration as far as it pertains to marriage. So let's keep the fraud accusations at bay for now, shall we?

 

[OHRoadwarrior]

No, you really didn't.

There are few board members here who are more familiar than I with issues relating to Immigration as far as it pertains to marriage. So let's keep the fraud accusations at bay for now, shall we?

They are free to comment. Just because you are a foreigner who became a citizen does not confer super status to you, to decide how questions are answered. Immigration will look at the circumstances surrounding a marriage to make a determination as to whether it is fraudulent. That is a fact, not a speculation. OP asked "3. How F1 visa going to change after marrying an US citizen." I answered the question factually, if she intends to marry and live in the US, that will be an element affecting her F1 status. Further, they may determine she used her F1 status to snag a US husband and married fraudlently. Before she does anything with marrying number 2, she needs to consult an immigration attorney, otherwise she could face revocation of her F1 status.

 

[Proserpina]

They are free to comment. Just because you are a foreigner who became a citizen does not confer super status to you, to decide how questions are answered. Immigration will look at the circumstances surrounding a marriage to make a determination as to whether it is fraudulent. That is a fact, not a speculation. OP asked "3. How F1 visa going to change after marrying an US citizen."I answered the question factually, if she intends to marry and live in the US, that will be an element affecting her F1 status. Further, they may determine she used her F1 status to snag a US husband and married fraudlently. Before she does anything with marrying number 2, she needs to consult an immigration attorney, otherwise she could face revocation of her F1 status.

Nice try.

No cigar.

This is what you actually wrote:

Amazing how true love on an F1 always seems to have US citizenship attached.

Please back up your "fact". I'll wait.

US Immigration will be skeptical you are not marrying for citizenship, since you are not even divorced yet.

Do you really need me to point out the errors in this one?

Oh - and who said I was a citizen?

<crickets chirping>

 

[OHRoadwarrior]

OK, I'm wrong. She is going to marry a US citizen, then move back to China. She will only return to the US, to divorce him in 2 years, so she can marry a nice Chinese guy, whom she is really in love with and dated the entire time she was married and living there.

 

[LdiJ]

OK, I'm wrong. She is going to marry a US citizen, then move back to China. She will only return to the US, to divorce him in 2 years, so she can marry a nice Chinese guy, whom she is really in love with and dated the entire time she was married and living there.

Ya know...the rest of the world is really not so interested in living in the US anymore...particularly not the Chinese. So you really shouldn't assume that living in the US is the attracting factor in these situations. Its equally likely that she is making a big sacrifice for her future husband by planning to remain in the US. With her education and linguistic skills she could probably do far better for herself in China than here.