Petitioner past divorce

[mandyu1 5]

I was reading a thread on past divorce and now it has me concerned. I (the petitioner) seperated from my ex-husband over a year and half ago. At the time I was living in another state, I went and spoke with an attorney about the divorce and told her I wanted to relocate with my child to another state. She informed me that the current state I was living in had a 6 month waiting period before a divorce could be finalized, and during those 6 months I could not remove the child from the state and after the divorce was finalized I would need permission from the courts to relocate the child to another state. So she advised me to move before filing and since my ex would still be living in the same county I would meet the residency requirments and could file and the courts could not force me to move back. So that is what I did, then I returned back for the court date for our divorce and the judge said she could not grant the divorce because the child no longer resided in the state and she had no authority to make ruling on child support and custody, so she said I had to file in my current state. Well my current state has a residency requirement that you have to meet before you can even file, and since I had recently moved there I did not meet it yet, so I had to wait until I met the residency requirement and file, my divorce was finalized within a month of filing.

The problem is that after all of this my divorce was not finalized until February of this year. My ex and I seperated around February of last year, and I met my fiance in October and filed for the K1 in May. Is this going to be a problem for us? I clearly filed for divorce prior to meeting my fiance. I can get court records from the first time I filed as proof of filing if that will help. Any insight would be apprecited.

Thanks

Edited August 14, 2010 by mandyu1

[Dodi 69]

The rule of the K1 is that you have to be eligible to marry at the time that you file, not how long you've been eligible. Since your divorce was final before you filed, you shouldn't have a problem. I'm not going to say you WON'T have a problem, there are no guarantees, but so long as you ARE divorced, and explain in your cover letters that you had issues with the divorce process and it delayed things, but that you had been separated for some time prior to filing, it should clarify things and make it easier.

[mandyu1 5]

The rule of the K1 is that you have to be eligible to marry at the time that you file, not how long you've been eligible. Since your divorce was final before you filed, you shouldn't have a problem. I'm not going to say you WON'T have a problem, there are no guarantees, but so long as you ARE divorced, and explain in your cover letters that you had issues with the divorce process and it delayed things, but that you had been separated for some time prior to filing, it should clarify things and make it easier.

Thanks for the reply Dodi I was legally divorced when I filed so I know I'm good as far as being eligible to marry. I just read 2 different thread today that stated filing for a visa soon after a divorce was a read flag. I thought that would be a problem if it was the beneficiary that was recently divorced but not the petitioner. I didn't explain anything in my cover letter, I was simply planning on explaining the situation if I was questioned about it at the interview (I will be attending with my fiance). The more I think about it, I think I'll get something from the first filing just to be on the safe side, and they can verify my situation and timeline of events against the information I provided on the G-325A. Maybe I should write something and explain the delay, just in case they don't allow me to be present during the interview. I did tell my fiance what happened, but when you're not familiar with our legal system it can be confusing

[Audy_Rob 26]

Dodi was wise to write, " I'm not going to say you WON'T have a problem, there are no guarantees..." because the p[roblems usually do not show up at uscis but do arise at the Embassy.

They often are because of the Petitioner's divorce if there is an issue at all. There are several examples posted in various places at this web site. Often there is some complication or circumstance that causes the CO at the Embassy to have a concern about fraud, legitimacy, marriage to import foreigners, etc...all the same thing really.

There isn't really anything unusual about your case so much especially if you have the very first filing with you. But as you know your country can be difficult and at times they can look for any reason to have a problem.

Good luck.

[mandyu1 5]

Dodi was wise to write, " I'm not going to say you WON'T have a problem, there are no guarantees..." because the p[roblems usually do not show up at uscis but do arise at the Embassy.

They often are because of the Petitioner's divorce if there is an issue at all. There are several examples posted in various places at this web site. Often there is some complication or circumstance that causes the CO at the Embassy to have a concern about fraud, legitimacy, marriage to import foreigners, etc...all the same thing really.

There isn't really anything unusual about your case so much especially if you have the very first filing with you. But as you know your country can be difficult and at times they can look for any reason to have a problem.

Good luck.

Yes I know there are no guarantees, and that Cairo can sometimes be tough. I just hope with an explanation of the situation, proof of the first filing, and evidence of our relationship, it will overshadow any doubt on the validity of our relationship. Thanks for the input

[tenderheartusa79 14]

Just be prepared that maybe the CO will ask you or will ask him about that .

As someone said here it could be a red flag to a CO and it could not be to another .

Good luck and my best wishes for you .