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TravisH

Will my k1 visa get rejected?

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8 hours 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

Where do you get this from?? The requirement is that you are legally free to marry when you file. What you are stating has no bearing on the immigration process. 

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Filed: K-1 Visa Country: China
Timeline

I am divorced also from an immigrant I sponsored.  The application asked me for the alien # of my -ex and by some miracle of record keeping I had it!  I think the USCIS is just looking for that ex-spouse to be naturalized, a perm resident alien and/or just out of the picture.  I was married 14 years and divorced now for 3 so I guess that is plenty of time. I filed with rapidvisa.com and they said they saw no problems. My case is pending a decision any week now, we'll see how it goes. If I have problem I bet it won't be pertaining to the divorce. My hunch is that the financials are the key. The gov't is not looking for more people headed for the public assistance rolls.

A
I-129F Sent : 2017-06-25

I-129F NOA1 :

I-129F RFE GENERATED

I-129F RFE sent back

I-129F RFE RCVD by USCIS
I-129F NOA2:    2018-04-11

2017-06-29

2018-02-15 

2018-02-28

2018-03-01

NVC Received Date:               2018-04-20       

NVC Case No. assigned:       2018-04-30

NVC Depart Date:                    2018-05-16

Interview Date:                        2018-07-26

Interview Result:                     APPROVED

Visa Received:                         2018-08-03

Arrival Date:                             2018-08-27

AOS filed:                                 2019-02-28

Biometric Appt:                       2019-03-27

AOS Interview:                        2019-08-06

Result: Approved

Green Card Received             2019-08-21

                  

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Filed: IR-1/CR-1 Visa Country: Honduras
Timeline

The only possible red flag is that the marriage and visa with your future ex took place not long ago and as soon as he is getting citizenship, you're immediately filing a new request for someone else.   I have seen people get some problems for bringing in people right away in quick succession, especially if it's the same country.  

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I don't think the OP petitioned for the ex husband? 

-=ROC & Naturalization Timeline=-

January 25, 2021 - ROC application received

January 22, 2022 - Case transferred

January 16, 2022 - Naturalization application received

April 7, 2023 - ROC and Naturalization Interview

April 20, 2023 - Oath Ceremony scheduled

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2 hours ago, audacieux89 said:

I don't think the OP petitioned for the ex husband? 

Thanks for all your replies.  I did not petition him.  I did sponsor him but he was already living in the us for several years.  He came here as a  teenager.   I was considering waiting for a period of time after my divorce to file the k1 visa but considering that I have already met my future fiancé this past October and I am planning to go to Mexico this February to visit him.  I am accruing all this evidence of trips and photos, texts, card, etc.   We plan on seeing each  other every 3 months or so.  I don't think it would help my case to wait a long period of time to file.  Also Ive read that there is nothing wrong with getting engaged before the divorce is final as long as you don't file until your sure your divorce has been finalized.

Edited by TravisH
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Filed: Citizen (pnd) Country: Morocco
Timeline
17 hours ago, RO_AH said:

Where do you get this from?? The requirement is that you are legally free to marry when you file. What you are stating has no bearing on the immigration process. 

if you are currently married as this man is,  and only states he is not living with spouse,   he needs to prove it / you think immigration does not look at the timeframe and see marriage is still in effect (no divorce)  while courting a new person?    i would cover my butt and show immigraiton i was sepated at the time i met a new man / i would stay save doing what i said

 

and we do have a VJ member that was denied for still being married while joining a dating site and meeting her new husband

Edited by adil-rafa
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While the requirement is to be free to marry, there are certainly cases where additional scrutiny on the validity of the relationship was raised due to an overlap in timelines. It's not a cause for denial in itself by any means, but it has been questioned in the past.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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9 minutes ago, adil-rafa said:

and we do have a VJ member that was denied for still being married while joining a dating site and meeting her new husband

Every case has different circumstances and I will bet of the one that you are mentioning there are hundreds who were legally married wile starting a new relationship and have been approved. Divorces sometimes take a while (mine took 3 years) and no one is expected to cut themselves off from the world while going through the process. 

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