Filing K1 Shortly After a Divorce

[James and Cynthia 70]

I recently read another post about this topic for China. After making a comment on the post, it was suggested that I post my questions here since my fiancee is from the Philippines.

I'm wondering if filing for a K1 petition shortly after divorce papers were filed will be a red flag for our case. I'm hoping since I seperated from my ex wife more than 1 1/2 years before filing the K1 petition, there will not be any problems.

Here's my timeline:

Aug 2008 - I met my fiancee while on a two week trip to the Philippines for work.

Feb 2009 - I seperated from my wife in the US and moved to a different address.

Apr 2009 - I filed for divorce.

Mar 2010 - I went to the Philippines for 2 wks again for work and proposed to my fiancee.

Jul 2010 - Divorce papers were signed.

Aug 2010 - Divorce papers filed through courts.

Sep 2010 - I filed K1 petition for my fiancee.

Nov 2010 - I went to the Philippines for 1 1/2 wks for vacation to visit my fiancee.

When I filed the K1 petition, I send a copy of my signed and filed divorce papers. It was not a certified copy, but was a copy supplied by the records department. I will supply a certified copy for my fiancee when she goes to her interview.

Will there be red flags? What can I do to help things go smoothly?

Will they want to call my ex wife? It was a bitter divorce and things didn't go well for me finacially. She is still very bitter and seriously hates me, and of course, she's not to pleased about my fiancee either. I don't know what she'll say if they call her. She's convinced that I searched for an asian wife during the divorce and believes my fiancee only wants to come to the US. She's telling people her family is selling her for a better life and that I'm only looking for a wife to kiss my feet and more. She couldn't be more wrong about everything. But I'm very afraid of how her comments might affect our case.

Any suggestions?

-James

[Ali007 2]

I recently read another post about this topic for China. After making a comment on the post, it was suggested that I post my questions here since my fiancee is from the Philippines.

I'm wondering if filing for a K1 petition shortly after divorce papers were filed will be a red flag for our case. I'm hoping since I seperated from my ex wife more than 1 1/2 years before filing the K1 petition, there will not be any problems.

Here's my timeline:

Aug 2008 - I met my fiancee while on a two week trip to the Philippines for work.

Feb 2009 - I seperated from my wife in the US and moved to a different address.

Apr 2009 - I filed for divorce.

Mar 2010 - I went to the Philippines for 2 wks again for work and proposed to my fiancee.

Jul 2010 - Divorce papers were signed.

Aug 2010 - Divorce papers filed through courts.

Sep 2010 - I filed K1 petition for my fiancee.

Nov 2010 - I went to the Philippines for 1 1/2 wks for vacation to visit my fiancee.

When I filed the K1 petition, I send a copy of my signed and filed divorce papers. It was not a certified copy, but was a copy supplied by the records department. I will supply a certified copy for my fiancee when she goes to her interview.

Will there be red flags? What can I do to help things go smoothly?

Will they want to call my ex wife? It was a bitter divorce and things didn't go well for me finacially. She is still very bitter and seriously hates me, and of course, she's not to pleased about my fiancee either. I don't know what she'll say if they call her. She's convinced that I searched for an asian wife during the divorce and believes my fiancee only wants to come to the US. She's telling people her family is selling her for a better life and that I'm only looking for a wife to kiss my feet and more. She couldn't be more wrong about everything. But I'm very afraid of how her comments might affect our case.

Any suggestions?

-James

Same question for me. I post about it as well. What an evil ex wife that i have since she sent a rude email to my fiancee and accusing her just want me for getting to US. Good luck with our journey. Our new life.

[Deputy Purple 1,294]

Is your ex-wife Filipino?

[Minya's wife 25]

Did you detail in your 'relationship timeline' that you met your fiancee on that first business trip, while you were still married? There should be no impediment to approving the petition as you did what was required....you were legally divorced and free to re-marry at the time you filed your petition. The 'red flag' could present itself in the form of further questioning about your timeline as it pertains to the the onset of your romantic relationship and how that applies to your reasons for divorcing your wife. Not knowing the details of your particular case, but just reading the timeline it 'looks' like having met your fiancee on that business trip precipitated your divorce. This could be something that they (most likely the CO at the interview) may question further. I don't know of any similar situation where the ex-wife was called and questioned, so I don't think you need to worry about that, though. Good luck.

[MalolosToUSA 0]

I was in a similar situation as you. I started dating my current wife while waiting on my divorce to be final. I filed for the K1 within a few weeks of my divorce being final. We did not experience any problems or RFEs. The ex wife was never contacted. I was never worried about the K1 filing being so close to the divorce since immigration only cares that you are free to marry. Of course, you have to have proof of an actual relationship with your current fiance. Good luck in your journey!

[dale_trisha 3]

I obtained my legal capacity to Marry 3 days after my divorce. Got Married within 1 month. filed for K3 within 3 days of being Married. So I went from being divorced to filing for a K3 in less than 6 weeks. I also had lots of documention to show that we had a valid relationship which was helped by me being in Phil every other month until Trisha arrived in the US. The only time either of us caused any concerns was when I got the legal capacity to marry. The person signing the forms that day at the USEM said that was quick and my response was it was a long time coming for the divorce.

best of luck

[James and Cynthia 70]

Is your ex-wife Filipino?

No. My ex is American with an Italian temper.

[James and Cynthia 70]

Did you detail in your 'relationship timeline' that you met your fiancee on that first business trip, while you were still married? There should be no impediment to approving the petition as you did what was required....you were legally divorced and free to re-marry at the time you filed your petition. The 'red flag' could present itself in the form of further questioning about your timeline as it pertains to the the onset of your romantic relationship and how that applies to your reasons for divorcing your wife. Not knowing the details of your particular case, but just reading the timeline it 'looks' like having met your fiancee on that business trip precipitated your divorce. This could be something that they (most likely the CO at the interview) may question further. I don't know of any similar situation where the ex-wife was called and questioned, so I don't think you need to worry about that, though. Good luck.

I did detail about when I met my fiancee in our relationship timeline. I did not mention the ex or divorce. I only answered the quesitons about my divorce on the I-129F and attached a copy of the divorce decree. The decree clearly states when we seperated.

Yes, the divorce was precipitated by my business trip and meeting my fiancee. It wasn't the reasons for the divorce, but was the catalyst helping me decide I needed to finally follow through. There were many other reasons for the divorce.

Hopefully you are correct, and they simply ask my fiancee questions. That would be fine. I really don't want things to be delayed or to hear about them calling my ex. Calling her will only cause problems.

Thanks,

James

[James and Cynthia 70]

I obtained my legal capacity to Marry 3 days after my divorce. Got Married within 1 month. filed for K3 within 3 days of being Married. So I went from being divorced to filing for a K3 in less than 6 weeks. I also had lots of documention to show that we had a valid relationship which was helped by me being in Phil every other month until Trisha arrived in the US. The only time either of us caused any concerns was when I got the legal capacity to marry. The person signing the forms that day at the USEM said that was quick and my response was it was a long time coming for the divorce.

best of luck

I'm glad to hear your case went well. I think yours is slightly different since you got married and filed K3, but maybe not. I would have filed 3 days after the divorce too, or sooner, except I had to wait more than a month for the papers to be filed by the courts before I could get a copy from them. I guess since you got remarried, you didn't need to wait for the divorce decree to be filed.

-James

[James and Cynthia 70]

I was in a similar situation as you. I started dating my current wife while waiting on my divorce to be final. I filed for the K1 within a few weeks of my divorce being final. We did not experience any problems or RFEs. The ex wife was never contacted. I was never worried about the K1 filing being so close to the divorce since immigration only cares that you are free to marry. Of course, you have to have proof of an actual relationship with your current fiance. Good luck in your journey!

This is very good to know. Thanks. Can you tell me if you sent a certified copy of the divorce decree with your I-129F, or was it a copy of a certified copy, or just a plain uncertified copy? I'm also concerned about an RFE since I did not pay extra for a certified copy I to send. I'm hoping they can wait for the interview for a certified copy.

-James

[Utha 10]

Is your ex-wife Filipino?

Edited December 31, 2010 by Utha

[vichygurl 1]

This is very good to know. Thanks. Can you tell me if you sent a certified copy of the divorce decree with your I-129F, or was it a copy of a certified copy, or just a plain uncertified copy? I'm also concerned about an RFE since I did not pay extra for a certified copy I to send. I'm hoping they can wait for the interview for a certified copy.

-James

My husband sent a certified copy of the divorce decree along with the I-129f.. I hope you'll be fine!

I hope your fiancee won't get too much interrogation from the CO on her interview. Best of luck!

[robbie jeannet 5]

divorced in aug, sent petition sept same year. you have nothing to worry about.and no they wont call your x wife. good luck

[rogail 2]

divorced in aug, sent petition sept same year. you have nothing to worry about.and no they wont call your x wife. good luck

Correct! You won't have any problems.

[MalolosToUSA 0]

This is very good to know. Thanks. Can you tell me if you sent a certified copy of the divorce decree with your I-129F, or was it a copy of a certified copy, or just a plain uncertified copy? I'm also concerned about an RFE since I did not pay extra for a certified copy I to send. I'm hoping they can wait for the interview for a certified copy.

-James

With the K1 packet, I included a photocopy of my certified divorce decree ensuring that the seal/stamp from the court was clear and legible. Before the K1 interview, I sent my fiance the original in case she was asked. She was not asked anything at all about my divorce during her interview. Based on my experience, you should be good with what you sent.