I've got a question regarding K-1 Visa processing. I recently submitted a petition for my fiance. We first met in December of 2005 and we spent four months together before I had to leave (I am military) her. Recently, I went back for three weeks to visit her and I returned to my new home last week. During my visit to see Susie, I submitted her papers for her K-1 application and I received my NOA1.

Now, I've read in places where there are certain things that could throw up a red flag to USCIS. One of them is having an engagement shortly after an ended divorce. My situation appears to be one of this variety but that's just on the surface.

Though on paper, my divorce was finalized less than a month before I submitted her papers, it was in the works for a while and even after we signed the divorce papers we had a 60-day mandatory wait before they finalized. Divorce isn't always a quick thing...we haven't been together for over a year as husband and wife.

I don't want to get into my specifics in detail, but we got married real young, were married as long as we could and tried to work it out for the right reasons (my daughter), but in the end, it just didn't work out. No animosity on either end...I've vowed that my next marriage will be my last.

So, my question is this. Has anyone had a K-1 situation like mine with a supposed "red flag" situation? Since I've read that, I've been somewhat worried and wonder if I'm worrying for naught. If anyone could give me some advice or share their experience, I'd appreciate it.

As long as your divorce is legitimate and legal I think you will have no problems.

I wouldn't worry too much .. my divorce wasn't final much longer then yours when we submitted ours. Lots of people stay separated for years before legally divorcing for many reasons. Red flag or not .. your divorced so you meet the requirements Good Luck

I think everyone is really stretching on these "red flags". I can't blame anyone because I am guilty of the same thing. I have had some things happen in my life recently that had me looking for answers. What I found I was really looking for, was for someone to tell me everything was going to be ok. From what I understand, and it's not much, a "red flag" might draw a question at the interview. If you and your fiancee have been upfront about everything and open about past relationships (which I would rather not discuss) than you should be ok As long as your fiancee is aware of your divorce, when it happened, and possibly why, than you should be fine. Now keep in mind that I have no idea what I'm talking about and this is all personal opinion!! good luck!!

mrc,

One red flag is quite possibly neither red nor a flag. The more there are in a case the redder the flag gets and the harder it flaps in the wind.

Yodrak

Make sure your fiancee can answer questions about your divorce. They asked my fiance what went wrong in my first marriage at the interview.

Divorced twice, 2nd one March 30, petition approved - no problems...

It's not the petition approval that's being discussed. The petition will be approved if the petition is document qualified. The concern is the determination of bonifide relationship at the consulate interview.

john_and_marlene,

Hard to say - mrc opens his post by saying that he's got a question about K-1 visa processing and submitting papers about K-1 application, then procedes to talk about the USCIS and having received the Receipt Notice for his petition. No mention of an Approval Notice and the forms that constitute a K1 visa application.

My guess is that mrc is one of those who fail to distinguish that the petition and the visa application are two separate and distinct issues.

Yodrak

Initially, this was the case, but after reading some of the posts, I gathered that this is not something that affects the actual petition process but the subsequent application approval at the consular's office. Thanks.

I did find it odd to find a concern over red flags in the K1 forum rather than in the consulate forum.

If you are concerned about NOA2, red flags to a bonifide relationship aren't at issue at this stage. If you meet the prerequisites for the petition, it will be approved--no flags, no grey areas, no questions. If you do not meet the prerequisites for the petition it will be denied.

The discussion of bonifide relationship red flags is properly directed at the consular interview, adjustment of status interview, or the lifting of conditions.

Thanks for clearing that up. Each time I'm on the phone with my fiance, I make sure to ask her a few questions about me just so she's ready and isn't uninformed.