K-1 pet/ben both are divorced

[US_SL 2]

Here is the million dollar questions to K-1 guys here:

I got married (ex-wife) back in october 2002 and i was a resident that time

my-ex came here right after i got my citizenship in march 2007. Basically it took her 4.5 years to come here.

First 3 months were ok and then i realized i am not going anywhere with her as she hated my parents and all she wanted was a child. she loves kid. I do too but wanted to have fun/spend time atleast a year before a kid and things got worse and i decided to call it a quit. Around june 2008 and my ex-moved out as she bacme very violent and then she relized this is all for good before a child. Then in October 2008 i found my current fiance and like wise she has alos gone thru a marriage and she wanted to get divorce. she was married to a german man but he was a womanizer. somehow i got my divorce in october 2009 and she got hers in may 2010 (she was seperated from her ex about 3 yeras at teh time). I visited her right after my divorce and our families met and then back agin in june 2010 and i filed for I-129F in July 2010 (last month).

By teh way my-ex lives here even though we got our divorce back in our country where we got married (thru power of attorneys for both but i had to attend the last hearing no matter what which i did back in June 2009)

She has travelled extensively with her ex and still hold a schenagan visa plus a 10 year UK visit visa.

I received the NOA1 last week and i don't think will get any RFE as my application was submitted with enough supports including previously approved I-130 copy plus both our divorces, pictures, passport copies, airline tickets and a detail letter of 5 pages explaining where we are today.

Does anyone of you see a problem for my fiancee at teh embassy at the interview as far as both being previously married?

Edited August 14, 2010 by Go Green

[Darnell 8,478]

Which country will she be interviewing in ?

[US_SL 2]

Which country will she be interviewing in ?

Sri Lanka. They issued only 18 k-1 Visas in 2009. not a very bog post.

[JimVaPhuong 4,863]

I don't know if Sri Lanka is a tough consulate, but if it is...

You met while you were both still married, and you are both now recently divorced. Big red flag.

You are a naturalized citizen, and your ex-wife immigrated based on her marriage to you. Big red flag.

One possible scenario the consular officer might suspect is that you both divorced solely to be eligible to pursue a fiancee visa. In this scenario, they would suspect you're going to bring her over here, help her get a green card, citizenship in three years, and then divorce. After that, she petitions for her ex-husband. Eventually, the entire family comes to the US. If your income is low (e.g., if you need a co-sponsor) then they might even suspect you're being paid to do this. The fact that you are a naturalized citizen and brought your previous wife over here through marriage might make them suspect you've been involved in a similar scheme already.

There is a VJ member who is in a similar situation - met while both he and his fiancee were still married, and both recently divorced just before filing the petition. He didn't have the previous immigrant wife, and he doesn't have a low income. As far as I know, he also isn't a naturalized citizen. His fiancee has been in AP for several months now primarily because of the recent divorces.

Again, I don't know if Sri Lanka is a tough consulate, but given the relative economic disparity between Sri Lanka and the US, my guess is that it probably is. I think your fiancee may have a tough time at the interview.

[US_SL 2]

I don't know if Sri Lanka is a tough consulate, but if it is...

You met while you were both still married, and you are both now recently divorced. Big red flag.

You are a naturalized citizen, and your ex-wife immigrated based on her marriage to you. Big red flag.

One possible scenario the consular officer might suspect is that you both divorced solely to be eligible to pursue a fiancee visa. In this scenario, they would suspect you're going to bring her over here, help her get a green card, citizenship in three years, and then divorce. After that, she petitions for her ex-husband. Eventually, the entire family comes to the US. If your income is low (e.g., if you need a co-sponsor) then they might even suspect you're being paid to do this. The fact that you are a naturalized citizen and brought your previous wife over here through marriage might make them suspect you've been involved in a similar scheme already.

There is a VJ member who is in a similar situation - met while both he and his fiancee were still married, and both recently divorced just before filing the petition. He didn't have the previous immigrant wife, and he doesn't have a low income. As far as I know, he also isn't a naturalized citizen. His fiancee has been in AP for several months now primarily because of the recent divorces.

Again, I don't know if Sri Lanka is a tough consulate, but given the relative economic disparity between Sri Lanka and the US, my guess is that it probably is. I think your fiancee may have a tough time at the interview.

Thanks for teh great insight.

But is being divorced a curse! This is my point here. Not many sri lankans are married to foreighners. Especially to someone from europe. So taht chance is 1%. Based on her passport (she got two nattached together) it shows that she has travelled exensively. Don't you think that is a big plus? Basically she is far better of than i am in financial aspect.

[US_SL 2]

I don't know if Sri Lanka is a tough consulate, but if it is...

You met while you were both still married, and you are both now recently divorced. Big red flag.

You are a naturalized citizen, and your ex-wife immigrated based on her marriage to you. Big red flag.

One possible scenario the consular officer might suspect is that you both divorced solely to be eligible to pursue a fiancee visa. In this scenario, they would suspect you're going to bring her over here, help her get a green card, citizenship in three years, and then divorce. After that, she petitions for her ex-husband. Eventually, the entire family comes to the US. If your income is low (e.g., if you need a co-sponsor) then they might even suspect you're being paid to do this. The fact that you are a naturalized citizen and brought your previous wife over here through marriage might make them suspect you've been involved in a similar scheme already.

There is a VJ member who is in a similar situation - met while both he and his fiancee were still married, and both recently divorced just before filing the petition. He didn't have the previous immigrant wife, and he doesn't have a low income. As far as I know, he also isn't a naturalized citizen. His fiancee has been in AP for several months now primarily because of the recent divorces.

Again, I don't know if Sri Lanka is a tough consulate, but given the relative economic disparity between Sri Lanka and the US, my guess is that it probably is. I think your fiancee may have a tough time at the interview.

Here is another insight to this! When i got divorced there was a nice settlement involved also. Car/ piece of land in sri lanka / alimony for almost 12 months..so, can anyone think that it was a fake marriage based on those? It it was only a green card my ex wanted (remember here, she wasted 7 years with me too)then why would i have to give her a settlement?

[US_SL 2]

I don't know if Sri Lanka is a tough consulate, but if it is...

You met while you were both still married, and you are both now recently divorced. Big red flag.

You are a naturalized citizen, and your ex-wife immigrated based on her marriage to you. Big red flag.

One possible scenario the consular officer might suspect is that you both divorced solely to be eligible to pursue a fiancee visa. In this scenario, they would suspect you're going to bring her over here, help her get a green card, citizenship in three years, and then divorce. After that, she petitions for her ex-husband. Eventually, the entire family comes to the US. If your income is low (e.g., if you need a co-sponsor) then they might even suspect you're being paid to do this. The fact that you are a naturalized citizen and brought your previous wife over here through marriage might make them suspect you've been involved in a similar scheme already.

There is a VJ member who is in a similar situation - met while both he and his fiancee were still married, and both recently divorced just before filing the petition. He didn't have the previous immigrant wife, and he doesn't have a low income. As far as I know, he also isn't a naturalized citizen. His fiancee has been in AP for several months now primarily because of the recent divorces.

Again, I don't know if Sri Lanka is a tough consulate, but given the relative economic disparity between Sri Lanka and the US, my guess is that it probably is. I think your fiancee may have a tough time at the interview.

JimVA, Please weigh in as i am waiting for your insight. I posted additional comments that makes thsi unique as far as divorce settlement and all..please see my responses and weigh in...

[US_SL 2]

JimVA, Please weigh in as i am waiting for your insight. I posted additional comments that makes thsi unique as far as divorce settlement and all..please see my responses and weigh in...

Can someone read the story and weigh in please. This is the most complicated part of teh K-1 interview for my fiancee...

[JimVaPhuong 4,863]

Thanks for teh great insight.

But is being divorced a curse! This is my point here. Not many sri lankans are married to foreighners. Especially to someone from europe. So taht chance is 1%. Based on her passport (she got two nattached together) it shows that she has travelled exensively. Don't you think that is a big plus? Basically she is far better of than i am in financial aspect.

A curse? I don't know if I'd use that word. I had two previous divorces and my wife had one, and we got a K1 visa out of one the toughest consulates in the world. It's not the divorces, per se, that raises suspicion. It's the fact that you were both married when you met, both got divorced, and filed the petition soon after the divorces were final. This is a trademark pattern of a classic visa scam. I already described to you how the scam works. The consular officer is likely to suspect it, and look for further evidence of it.

I know know anything specifically about the consulate in Sri Lanka. I imagine the fact that she has traveled would help explain why she's engaged to a foreigner. Whether that alone will be enough, I don't know. Do people from Sri Lanka not marry foreigners simply because they don't meet many of them, or is there some sort of social taboo against marrying outsiders? The consulate will take local social and religious traditions into consideration when evaluating the relationship. People in Vietnam get shot down at the interview all the time for not having observed the Vietnamese customs and traditions in the development of their relationship.

Here is another insight to this! When i got divorced there was a nice settlement involved also. Car/ piece of land in sri lanka / alimony for almost 12 months..so, can anyone think that it was a fake marriage based on those? It it was only a green card my ex wanted (remember here, she wasted 7 years with me too)then why would i have to give her a settlement?

You gave her a settlement because the family court judge ordered you to. Family courts have nothing to do with immigration. In some states, family courts are required to ensure an equitable settlement even if one party doesn't really want anything from the other party. There have also been cases of people who were helped to immigrate to the US using a sham marriage and then turned around and screwed the petitioner in divorce court. Why? Just because they could. Hopefully, your divorce decree spells out how things played out during the settlement, and the consular officer will bother to read it, and it will alleviate some of the consular officer's suspicions. They will certainly be suspicious about it because you sponsored an immigrant wife before, and then divorced her so you could sponsor another one.

Look, I'm going to be honest with you. I've already spent more time reading and thinking about your case then a consular officer is going to. I've also read explanations for the red flags that a consular officer may never read or hear. Looking at this from the perspective of a consular officer, I would be suspicious about it. Did you explain this entire situation, including the circumstances with your ex-wife, in that five page letter you included with the petition?

[US_SL 2]

A curse? I don't know if I'd use that word. I had two previous divorces and my wife had one, and we got a K1 visa out of one the toughest consulates in the world. It's not the divorces, per se, that raises suspicion. It's the fact that you were both married when you met, both got divorced, and filed the petition soon after the divorces were final. This is a trademark pattern of a classic visa scam. I already described to you how the scam works. The consular officer is likely to suspect it, and look for further evidence of it.

I know know anything specifically about the consulate in Sri Lanka. I imagine the fact that she has traveled would help explain why she's engaged to a foreigner. Whether that alone will be enough, I don't know. Do people from Sri Lanka not marry foreigners simply because they don't meet many of them, or is there some sort of social taboo against marrying outsiders? The consulate will take local social and religious traditions into consideration when evaluating the relationship. People in Vietnam get shot down at the interview all the time for not having observed the Vietnamese customs and traditions in the development of their relationship.

You gave her a settlement because the family court judge ordered you to. Family courts have nothing to do with immigration. In some states, family courts are required to ensure an equitable settlement even if one party doesn't really want anything from the other party. There have also been cases of people who were helped to immigrate to the US using a sham marriage and then turned around and screwed the petitioner in divorce court. Why? Just because they could. Hopefully, your divorce decree spells out how things played out during the settlement, and the consular officer will bother to read it, and it will alleviate some of the consular officer's suspicions. They will certainly be suspicious about it because you sponsored an immigrant wife before, and then divorced her so you could sponsor another one.

Look, I'm going to be honest with you. I've already spent more time reading and thinking about your case then a consular officer is going to. I've also read explanations for the red flags that a consular officer may never read or hear. Looking at this from the perspective of a consular officer, I would be suspicious about it. Did you explain this entire situation, including the circumstances with your ex-wife, in that five page letter you included with the petition?

Jim, thanks for the insight.

I didn't explain anything in that 5 page letter except my relationship with my fiancee. But on and off i mentioned that we both were married to wrong people and ended up disastrously. Regarding the settlement, i voluntaraly gave those because no matter what she wasted 7 years with me as well and i wanted to have those.

I-134 asks whether i ahev submitted affidavits earlier and when, i sumitted the i-864 back in february 2006 and by the time my fiancee goes to teh interview it will be almost close to 5 years after. And we were married for 7 yeras. No kids, i am 36.

[US_SL 2]

Jim, thanks for the insight.

I didn't explain anything in that 5 page letter except my relationship with my fiancee. But on and off i mentioned that we both were married to wrong people and ended up disastrously. Regarding the settlement, i voluntaraly gave those because no matter what she wasted 7 years with me as well and i wanted to have those.

I-134 asks whether i ahev submitted affidavits earlier and when, i sumitted the i-864 back in february 2006 and by the time my fiancee goes to teh interview it will be almost close to 5 years after. And we were married for 7 yeras. No kids, i am 36.

It is not a custome for sri lankans to marry foreighners. It is just that generally they don't get married for scams or for benefits. It s a nation with great civility just like in india. 1% could be married to foreighners. That's the perpective,

Sri lankan divorce law is coming from almost 70 years ago and have only 3 categories to go for it. My ex relaize no point of fighting becasue that is teh right thing to do. Make the move when we dont ahev any kids. Hope thsi helps!

[pushbrk 12,106]

I don't know if Sri Lanka is a tough consulate, but if it is...

You met while you were both still married, and you are both now recently divorced. Big red flag.

You are a naturalized citizen, and your ex-wife immigrated based on her marriage to you. Big red flag.

One possible scenario the consular officer might suspect is that you both divorced solely to be eligible to pursue a fiancee visa. In this scenario, they would suspect you're going to bring her over here, help her get a green card, citizenship in three years, and then divorce. After that, she petitions for her ex-husband. Eventually, the entire family comes to the US. If your income is low (e.g., if you need a co-sponsor) then they might even suspect you're being paid to do this. The fact that you are a naturalized citizen and brought your previous wife over here through marriage might make them suspect you've been involved in a similar scheme already.

There is a VJ member who is in a similar situation - met while both he and his fiancee were still married, and both recently divorced just before filing the petition. He didn't have the previous immigrant wife, and he doesn't have a low income. As far as I know, he also isn't a naturalized citizen. His fiancee has been in AP for several months now primarily because of the recent divorces.

Again, I don't know if Sri Lanka is a tough consulate, but given the relative economic disparity between Sri Lanka and the US, my guess is that it probably is. I think your fiancee may have a tough time at the interview.

Red flags, yes but no so big because HER ex husband is German, not Sri Lankan. The couple should be well prepared to answer any and all questions about this at the interview and have plenty of other evidence of bona fides including, if possible, more time together before the interview.

[US_SL 2]

Red flags, yes but no so big because HER ex husband is German, not Sri Lankan. The couple should be well prepared to answer any and all questions about this at the interview and have plenty of other evidence of bona fides including, if possible, more time together before the interview.

Thanks Jim. I thought so too. She had a 10 times of a luxury life than i am. Because her ex was a big hotelier and they stayed in amazing palces i ONLY can dream of... She was just looking for simple things in life just like doing grocery together and cook at home and watcha movie at home...because she has been around and none didn't amke her happy.

[JimVaPhuong 4,863]

Red flags, yes but no so big because HER ex husband is German, not Sri Lankan. The couple should be well prepared to answer any and all questions about this at the interview and have plenty of other evidence of bona fides including, if possible, more time together before the interview.

It makes little difference that I can see. If they suspected the divorce was obtained to make it possible for one party to immigrate and eventually help the other to immigrate, then the only thing that would matter was whether the ex-husband was American. He's not. Additionally, even if they presume she has no intention of helping her ex-husband immigrate, they might still suspect she wants to help other members of her family in Sri Lanka to immigrate. Or, perhaps her ex-husband tried and failed to get a work visa to come to the US and work for a US hotel chain. There are many variations of the scheme that could apply. The common thread for all of them is that both parties had overlapping relationships and recent divorces. I don't see how the consulate would not think this was worth investigating.

[US_SL 2]

It makes little difference that I can see. If they suspected the divorce was obtained to make it possible for one party to immigrate and eventually help the other to immigrate, then the only thing that would matter was whether the ex-husband was American. He's not. Additionally, even if they presume she has no intention of helping her ex-husband immigrate, they might still suspect she wants to help other members of her family in Sri Lanka to immigrate. Or, perhaps her ex-husband tried and failed to get a work visa to come to the US and work for a US hotel chain. There are many variations of the scheme that could apply. The common thread for all of them is that both parties had overlapping relationships and recent divorces. I don't see how the consulate would not think this was worth investigating.

Jim, Thanks,

I totally understand and they have a right to grille her. It's just that if the CO is a lady then will be great. Also, they kind of need to give her enough room to explain teh whole nine yard. Usually that is not teh case with US CO's abroad. Her ex husband made a heaven with thai girls and you knwo what i mean.

My divorce settlement, her extensive travel, still carries valid visas to schenagan region and a 10 year valid UK visa plus married to a German and my income is in high 80's can make a differeence in this case i think. Worse come to worse, if thy reject her, i will go and get married and file for immigrant visa instead K-3 and having her grilled at the CO. Plus she rcenetly got a great executive job and those CO's probably dine in their as sri lanka is a very small country and the place she works is well renowed... Lets hope for the best.

I was initially thinking to submit the divorce settlement with DS-230 but i think i should wait until they ask. Thye might not even ask that much as you know teh divorce rate in US is about 50% as well as it has already been close to 5 years by teh time she intervews since my last submittal of the i-864.