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TravisH

Will my k1 visa get rejected?

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So I’ve been with my current husband since 2002.   We are a same sex couple.  He is now a citizen and we have come to a mutual agreement to get a divorce.   We have been separated since this past June.   This September I met this great guy from Mexico.   We have really hit it off.   He has visited me here already and I plan to visit him in Mexico the February.  We plan to get engaged and I would like to file a k1 visa for him.   If we have a lot of evidence that our intentions are true how likely it it get get approvedor not?  Thanks.

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Unfortunately it's really hard to predict likelihood. In this case, it sounds like it would be up to the person/people who touch your case. But I don't see any red flags. 

 

Though I'd advise you to enjoy the time getting to know him, and don't rush into anything. Multiple divorces and/or visa filings don't look great, so if you met someone down the road and wanted to walk this journey again, it might be a lot more difficult. 

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16 minutes ago, TravisH said:

So I’ve been with my current husband since 2002.   We are a same sex couple.  He is now a citizen and we have come to a mutual agreement to get a divorce.   We have been separated since this past June.   This September I met this great guy from Mexico.   We have really hit it off.   He has visited me here already and I plan to visit him in Mexico the February.  We plan to get engaged and I would like to file a k1 visa for him.   If we have a lot of evidence that our intentions are true how likely it it get get approvedor not?  Thanks.

I really don't see a problem here at all based off everything you put here. The only question you might get asked is about your x-husband and what happened due to you petitioning him, but since the marriage was not a short one then it shouldn't be a problem at all. If everything is as you say it is and there is no background issues with your fiance then there shouldn't be a problem. 

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I don't really see thew issue here except for a divorce followed by a quick remarriage. That may raise some questions, but isn't a cause for denial in itself. If you have and present a strong case, I think you'll be fine. CJ isn't the simplest embassy to go through, but it's also far from the hardest.

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Thanks for your reply.  So my current husband, we have been together since 2002 and got married in 2013 when it became legal for us.  We did hire an immigration attorney for the whole process and I have an overwhelming amount of evidence that our relationship was real.  He came over on a visa overstay when he was about 15 years old.  We got married in 2013.  He got his citizenship this past June.  So when our divorce is finalized will will have been married for 5 years.

Edited by TravisH

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Be ready to show proof you were not still married and living with your husband when you met the other man

Have, at least, separtion papers /  just being in separate residencies is not legally separated 

so, get the paperwork or do a quick divorce and then continue

this is true for all marriages to anyone trying to move with life

good luck to you both / make sure it is real

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3 minutes ago, adil-rafa said:

Be ready to show proof you were not still married and living with your husband when you met the other man

Have, at least, separtion papers /  just being in separate residencies is not legally separated 

so, get the paperwork or do a quick divorce and then continue

this is true for all marriages to anyone trying to move with life

good luck to you both / make sure it is real

Thanks for your reply.  I live in North Carolina and in this state there is no official papers to file for separation.  Just that you have been living apart for 1 year.

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Still you must prove you are seperated a year.   How?    although it is not needed in NC  /  you are concerned with immigration / protect yourself in this respect and have the proof of each of you living in separate homes

doesn't have to be a court document but proof you are living apart

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3 minutes ago, adil-rafa said:

Still you must prove you are seperated a year.   How?    although it is not needed in NC  /  you are concerned with immigration / protect yourself in this respect and have the proof of each of you living in separate homes

doesn't have to be a court document but proof you are living apart

Thanks.  I will have a lease document that shows me living separately.   Thanks for all your advice.

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I really don’t see an issue. Our lawyer told us he had a client once who filed for a K1 for a woman from Brazil. They went through the whole process, stayed married for a long time, then got divorced and he filed for another woman also from Brazil and there were no issues. It does happen. You can’t help who you fall in love with. Love is love. 

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3 hours ago, TravisH said:

Thanks.  I will have a lease document that shows me living separately.   Thanks for all your advice.

I was recently divorced in North Carolina. You do not need any proof on the living separately they just take your word for it. If it is an uncontested divorce , meaning there is nothing you disagree about, there is law firm in Charlotte that will let you complete the whole process online regardless of where you live in NC. Only downside is your divorce will be in Mecklenburg county if you ever need to inquire about any documents. Total price was either 395 or 495 I made her pay it so I can't exactly remember lol. It would be a crime to file court documents saying you were living separate and apart for no less than one year and one day at the time of filing if you hadn't actually, but it would be a crime no one would ever care about in the slightest. Just throwing that out there.

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