Filing K1 Shortly After a Divorce

[rlogan 2,036]

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.

We had some very malicious internet stalkers call state authorities to claim I bought Lira from her parents against her will, and that we were abusing our child. I don't know if they called immigration officials, but we were invaded simultaneously by child protection services and what one of them said was law enforcement personnel.

They came with a paddy wagon and first served us a paper saying we were under investigation and that we had to let them in under threat of taking our child if we did not cooperate.

We were separated. Lira was interrogated about whether she was here voluntarily or being held against her will. Whether her immigration documents were being kept from her. Whether she agreed to how we were raising our child. They went to our pediatrician next, who told them they were idiots. We also had been taking daily pictures of our son on the blog and had their been any abuse it would have been self-evident.

The case was closed within 24 hours. The child protection guy was a moron and a bully. He tried to make us go see a child development specialist under the theory that our boy was so far advanced relative to his peers that his development might be retarded. We didn't do it. We have a pediatrician and have been corresponding with some very prominent people publishing peer-reviewed literature on early child development.

Given the lies these malicious predators were willing to tell to state authorities it would not surprise me that they also called immigration. Possibly the state authorities contacted them. But there was no visit from immigration people, no calls or questions. Immigration people have probably had their fill of this kind of thing from jealous ex-wives and malicious acquaintances.

The only reason state authorities even bothered with it is because they have no experience like this and no file on us like USCIS does to show our commonplace history of meeting and marrying. We know the story they've been telling is salted with the claim she is from a village with little education and barely speaks english.

The truth is she has two semesters of college (accounting) and speaks three languages fluently. From a city of over 400,000 people.

But since calls can be anonymously in this state, you can tell these malicious lies and weave a fantasy about human trafficking without fear of being held to account for it. I don't know if immigration will even take record of anonymous calls. But the accusations were felonies in our case and an extremely stupid bully from child protection services thought he was going to have some real fun terrorizing us.

Never be surprised at what malicious predators are capable of doing, and how much hate sick people can have. If we had been doing anything illegal, that home invasion would have uncovered it and those people would have been overjoyed at the trouble they had caused us. But they've shot their wad now and it didn't work.

Edited December 31, 2010 by rlogan

[Scott and Mhay 57]

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

You will be fine as long as it has the stamp on it saying it was filed with the court (we got an RFE for this). If not, you will get an RFE...I did, but it was easy to get the certified stamped copy...only cost me like $5..I had the copy but didnt photocopy the back where the stamp was.

[SuperDuper! 230]

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!

[Removed-02242014 19]

I would like to clarify from other posts. Some of you filed for divorce but you were in the waiting period but you were still able to file the K1 like Scott did? Everything went OK ?? In California we have 6 months wait time.

[DavenRoxy 1,073]

I would like to clarify from other posts. Some of you filed for divorce but you were in the waiting period but you were still able to file the K1 like Scott did? Everything went OK ?? In California we have 6 months wait time.

If you read people's timelines, you will see where they are in the process. In the case of the OP, they are together in the USA now. You can file your I-129F as long as you can prove dissolution of your marriage. i.e. you should have a divorce decree that you can send a copy of in along with your I-129F. And no, you don't need to send originals, just copies (others have asked that, so I thought I'd throw it in).

Good luck!

[Scott and Mhay 57]

I didnt file for a K-1 this last time, but as long as you have the final decree in hand, you can file for a k-1. The waiting period would be from the time you file until you go to court and get the judgement anyway.

[Thunderstruck 1]

I wouldn't worry. I was legally separated 4 years before obtaining my final divorce from my first wife. I filed for K1-Visa 2 weeks later. We had no trouble what so ever. They don't care about the circumstances of your divorce as long as you are legally divorced and able to marry. The short time may be considered if there are other red flags that may indicate your relationship with your fiancee is not a true relationship. But I would not worry about just that one thing.