Fiancee's double divorce redux--Should I wait before applying for K1?

[moyshekapoyre 0]

Hi folks. This one is a bit odd. My fiancee lives in Mexico. She has been married twice previously. We met while she was separated from her second husband. A year ago, when filing to divorce him, she was informed by the judge that her first marriage was "improperly" annulled, so she had to first re-divorce her first husband before she could divorce her second husband. The weirdness of course is that she illegally married the second husband while still retroactively married to the first!

Anyway, with a little "luck" she's gotten the court to give her an act of divorce for the first marriage--with a date of late 2008. Now with a little more "luck" she'll get her act of divorce this month for her second husband.

I was planning on filing for a fiancee visa -- we've already been a couple for almost 2 years now, and we've lived together about 4 months in Mexico over that time. Anyway, she's worrying that the visa will be denied by the consulate since they will think it is odd that our relationship coincided with her two other marriages (even though in reality it didn't, but legally it looks that way)...

What does everyone here think? Should we wait a year (or two?) before filing (and pretend we met this coming summer), so it looks less suspicious? We don't want to screw things up the first go-around with the K1.

Does it matter that her divorces don't line up with her dates of marriage? I mean that she divorced her first husband now after marrying her second? Will the consulate look at that also?

Shall I consider moving to Mexico?

[geezer 1]

Hi folks. This one is a bit odd. My fiancee lives in Mexico. She has been married twice previously. We met while she was separated from her second husband. A year ago, when filing to divorce him, she was informed by the judge that her first marriage was "improperly" annulled, so she had to first re-divorce her first husband before she could divorce her second husband. The weirdness of course is that she illegally married the second husband while still retroactively married to the first!

Anyway, with a little "luck" she's gotten the court to give her an act of divorce for the first marriage--with a date of late 2008. Now with a little more "luck" she'll get her act of divorce this month for her second husband.

I was planning on filing for a fiancee visa -- we've already been a couple for almost 2 years now, and we've lived together about 4 months in Mexico over that time. Anyway, she's worrying that the visa will be denied by the consulate since they will think it is odd that our relationship coincided with her two other marriages (even though in reality it didn't, but legally it looks that way)...

What does everyone here think? Should we wait a year (or two?) before filing (and pretend we met this coming summer), so it looks less suspicious? We don't want to screw things up the first go-around with the K1.

Does it matter that her divorces don't line up with her dates of marriage? I mean that she divorced her first husband now after marrying her second? Will the consulate look at that also?

Shall I consider moving to Mexico?

You should be prepared to explain the reasons for the timing of the divorces. I would just make sure both are completed and then file whenever you like. Its not a good idea to lie about anything in the process so I would not pretend you meet this coming summer.

[Jasman0717 9]

Wow

[moyshekapoyre 0]

You should be prepared to explain the reasons for the timing of the divorces. I would just make sure both are completed and then file whenever you like. Its not a good idea to lie about anything in the process so I would not pretend you meet this coming summer.

So you think we should just file for the visa as soon as they grant her second divorce, and then tell the truth at the interview that through "luck" we got the judges to validate the divorces but they modified the dates... hm... honestly if I were the adjudicator I'd deny us myself!

[geezer 1]

So you think we should just file for the visa as soon as they grant her second divorce, and then tell the truth at the interview that through "luck" we got the judges to validate the divorces but they modified the dates... hm... honestly if I were the adjudicator I'd deny us myself!

Thats what I think but I'm not the CO making the decision, just a poster offering an opinion.

It looks like you have everything else in place. Might as well file and see what happens

Just make sure all your other evidence is strong and well documented and that you can explain the circumstances of the 2 divorces. Which from your description seems more of an administrative screw up that anything your fiance did, thats the point you want to stress in your explanation, that she did nothing wrong it was just improperly filed.

[Beth/ Paris Heart 2]

Hi folks. This one is a bit odd. My fiancee lives in Mexico. She has been married twice previously. We met while she was separated from her second husband. A year ago, when filing to divorce him, she was informed by the judge that her first marriage was "improperly" annulled, so she had to first re-divorce her first husband before she could divorce her second husband. The weirdness of course is that she illegally married the second husband while still retroactively married to the first!

Anyway, with a little "luck" she's gotten the court to give her an act of divorce for the first marriage--with a date of late 2008. Now with a little more "luck" she'll get her act of divorce this month for her second husband.

I was planning on filing for a fiancee visa -- we've already been a couple for almost 2 years now, and we've lived together about 4 months in Mexico over that time. Anyway, she's worrying that the visa will be denied by the consulate since they will think it is odd that our relationship coincided with her two other marriages (even though in reality it didn't, but legally it looks that way)...

What does everyone here think? Should we wait a year (or two?) before filing (and pretend we met this coming summer), so it looks less suspicious? We don't want to screw things up the first go-around with the K1.

Does it matter that her divorces don't line up with her dates of marriage? I mean that she divorced her first husband now after marrying her second? Will the consulate look at that also?

Shall I consider moving to Mexico?

As long as she is LEGALLY free to marry again, you should be be denied. BUT.... I would write out a seniaro of what happened, cause USCIS will look at her marriage dates and divorce dates and see they do not make sence. Just write a short explanation of what happened. Telling the truth is the best thing. I myself ran into a mess up on a long past marriage, and have to write a explanation of what happened, and also that is why we are beign re-married in a couple of weeks and then re-appling with USCIS. Good Luck.

[Elghazi2008 4]

Hi folks. This one is a bit odd. My fiancee lives in Mexico. She has been married twice previously. We met while she was separated from her second husband. A year ago, when filing to divorce him, she was informed by the judge that her first marriage was "improperly" annulled, so she had to first re-divorce her first husband before she could divorce her second husband. The weirdness of course is that she illegally married the second husband while still retroactively married to the first!

Anyway, with a little "luck" she's gotten the court to give her an act of divorce for the first marriage--with a date of late 2008. Now with a little more "luck" she'll get her act of divorce this month for her second husband.

I was planning on filing for a fiancee visa -- we've already been a couple for almost 2 years now, and we've lived together about 4 months in Mexico over that time. Anyway, she's worrying that the visa will be denied by the consulate since they will think it is odd that our relationship coincided with her two other marriages (even though in reality it didn't, but legally it looks that way)...

What does everyone here think? Should we wait a year (or two?) before filing (and pretend we met this coming summer), so it looks less suspicious? We don't want to screw things up the first go-around with the K1.

Does it matter that her divorces don't line up with her dates of marriage? I mean that she divorced her first husband now after marrying her second? Will the consulate look at that also?

Shall I consider moving to Mexico?

File for the K-1 once her second divorce is final, but add a supplemental form with an explanation of WHY her marriages 'overlapped' and what the circumstances were when you began your relationship. I don't know if USCIS really needs an explanation, but send one just in case I guess. You WILL DEFINITELY WANT TO SEND ONE SIGNED BY BOTH OF YOU to her interview though. Don't lie about anything because it will be very easy for her to get into a sticky situation once the interview comes up if she happens to forget when you were 'supposed to have met' and so on. You're more likely to get a denial over being caught in a little bit of a fib than you are for just having a weird situation. You aren't the only ones who've been in that situation before, but the Consulate will definitely ask questions at her interview, so be prepared. It's not an impossible situation, just a challenging one. Is there any paperwork from her first 'unsuccessful annulment'? If she can contact the judge that informed her of her faulty annulment, she should ask him if he could sign a letter explaining that she was completely unaware that her first annulment was not completed correctly. Maybe those are somewhat reasonable options? Proof that she was not knowingly illegally married to two people at once should do the trick...

[Gary and Alla 3,696]

Hi folks. This one is a bit odd. My fiancee lives in Mexico. She has been married twice previously. We met while she was separated from her second husband. A year ago, when filing to divorce him, she was informed by the judge that her first marriage was "improperly" annulled, so she had to first re-divorce her first husband before she could divorce her second husband. The weirdness of course is that she illegally married the second husband while still retroactively married to the first!

Anyway, with a little "luck" she's gotten the court to give her an act of divorce for the first marriage--with a date of late 2008. Now with a little more "luck" she'll get her act of divorce this month for her second husband.

I was planning on filing for a fiancee visa -- we've already been a couple for almost 2 years now, and we've lived together about 4 months in Mexico over that time. Anyway, she's worrying that the visa will be denied by the consulate since they will think it is odd that our relationship coincided with her two other marriages (even though in reality it didn't, but legally it looks that way)...

What does everyone here think? Should we wait a year (or two?) before filing (and pretend we met this coming summer), so it looks less suspicious? We don't want to screw things up the first go-around with the K1.

Does it matter that her divorces don't line up with her dates of marriage? I mean that she divorced her first husband now after marrying her second? Will the consulate look at that also?

Shall I consider moving to Mexico?

File for the K-1 once her second divorce is final, but add a supplemental form with an explanation of WHY her marriages 'overlapped' and what the circumstances were when you began your relationship. I don't know if USCIS really needs an explanation, but send one just in case I guess. You WILL DEFINITELY WANT TO SEND ONE SIGNED BY BOTH OF YOU to her interview though. Don't lie about anything because it will be very easy for her to get into a sticky situation once the interview comes up if she happens to forget when you were 'supposed to have met' and so on. You're more likely to get a denial over being caught in a little bit of a fib than you are for just having a weird situation. You aren't the only ones who've been in that situation before, but the Consulate will definitely ask questions at her interview, so be prepared. It's not an impossible situation, just a challenging one. Is there any paperwork from her first 'unsuccessful annulment'? If she can contact the judge that informed her of her faulty annulment, she should ask him if he could sign a letter explaining that she was completely unaware that her first annulment was not completed correctly. Maybe those are somewhat reasonable options? Proof that she was not knowingly illegally married to two people at once should do the trick...

You can add this "explanation" if you want but I doubt it will be necessary. The law require only she be legally able to marry you. I have not heard of anyone having an interest in such things. If there are two previous marriages and two previous divorces you are OK. The "overlap" is not the comcenr of the USCIS who couldn't possibly care less about any legal implications of her previous marriages in Mexico. Incidentally, if her first marriage was never correctly annulled, then how could she need a "divorce" for a second marriage that wasn't legal? It seems to me, for example had she met you or gotten a second divorce, that she would have had to re-marry her second husband had this been "discovered" while she was still "married" to him.

Oh well, enough of this "marry"-go-'round, I'm jumpin' off here

Good luck, except for interesting coffee break discussion, I doubt there will be any interest by USCIS

[rrobin 2]

Hi folks. This one is a bit odd. My fiancee lives in Mexico. She has been married twice previously. We met while she was separated from her second husband. A year ago, when filing to divorce him, she was informed by the judge that her first marriage was "improperly" annulled, so she had to first re-divorce her first husband before she could divorce her second husband. The weirdness of course is that she illegally married the second husband while still retroactively married to the first!

Anyway, with a little "luck" she's gotten the court to give her an act of divorce for the first marriage--with a date of late 2008. Now with a little more "luck" she'll get her act of divorce this month for her second husband.

I was planning on filing for a fiancee visa -- we've already been a couple for almost 2 years now, and we've lived together about 4 months in Mexico over that time. Anyway, she's worrying that the visa will be denied by the consulate since they will think it is odd that our relationship coincided with her two other marriages (even though in reality it didn't, but legally it looks that way)...

What does everyone here think? Should we wait a year (or two?) before filing (and pretend we met this coming summer), so it looks less suspicious? We don't want to screw things up the first go-around with the K1.

Does it matter that her divorces don't line up with her dates of marriage? I mean that she divorced her first husband now after marrying her second? Will the consulate look at that also?

Shall I consider moving to Mexico?

She was married to two dudes simultaneously, at least officially. Bigamy is a serious crime in the US. Some documentation indicating that first marriage was annulled (albeit unsuccessfully due to technical screw up), would be greatly helpful. Otherwise, the officer may have hard time believing your story.

Her immigration journey does not end at K-1, it’s just the start. She will go through a lot of scrutiny throughout this journey. So collect as much paperwork/evidence as possible, including testimonies from her families and friends stating that she was actually divorced (from her first husband) by the time she married her second husband.

[Jesse and Hema 2]

She was married to two dudes simultaneously, at least officially. Bigamy is a serious crime in the US. Some documentation indicating that first marriage was annulled (albeit unsuccessfully due to technical screw up), would be greatly helpful. Otherwise, the officer may have hard time believing your story.

Her immigration journey does not end at K-1, it's just the start. She will go through a lot of scrutiny throughout this journey. So collect as much paperwork/evidence as possible, including testimonies from her families and friends stating that she was actually divorced (from her first husband) by the time she married her second husband.

Bigamy's illegality is not relevant as long as she can prove that both previous marriages are legally ended.

She will get extra scrutiny on her case (especially at the K-1 interview), as they might be suspicious of the validity of the current relationship. With plenty of evidence (and good explanations), however, I don't think it will be a show-stopper.