Questions!!!!

[Anneris 0]

Hello Everyone!!!!

I am getting ready to file for the K-1 Visa for my fiance but I have lots of questions.

My fiance and I met back in the Dominican Republic in high school. In the 11th grade I got my green card through my father and came to the US. We lost contact and we found each other again August 2010. Now I've been a US citizen for almost 10 yrs. I've never sponsored anyone to come to the US just for my aunt which I used my income for the affidavit only. I am making about $45K and I've traveled three times to see him since we got together. He proposed 12/31/10. On my part I think I am okay. However, my fiance had a girfriend who left Dominican Republic to go to Spain. They don't have children together but she wanted to marry him to prove to him that she was going to come back. Well she left and she didn't go back to DR until 12/2010 and she did it with a child and a baby daddy. She agreed for him to file for divorce in 12/2010 but in Dominican Republic you have to be married for 2 yrs for the divorce to be filed as mutual concent without her having to be present. The two yrs were in March and now the divorce is in process (almost done). I know a recent divorce is a huge red flag. His soon to be ex wife does not want to cooperate with providing any evidence that they haven't been together during the time of their marriage. On our part we have copies of emails, Blackberry messenger conversations, my trips, pictures with his family and mine, record of calling cards to prove communication but I would like some information and or advice on how to be prepared for the recent divorce flag question that I know it will come up during the interview.

Thanks

[MrTee12 64]

You are right about the the closeness of his previous relationship ending and the time you file your K-1 petition for him.

This is definitely raise a "red flag". The Embassy in Santo Domingo is "no walk in the park", its a high fraud country so they are always on alert and on the look out. If they suspect anything "fishy" they make your day there a living hell (read some interview experiences gone wrong- not only will they deny you but they'll you feel like you committed a crime.)

My suggestion for you is either to wait a little while longer and begin establishing a relationship that you can "prove" is real and active. Or for you two to just get married when you are ready and file Cr-1 visa. The marriage is visa is economically better and he can study or work immediately entering the U.S. and not Adjust status and go through another waiting period. K-1 and Cr1 timelines to completion are both close to 6-8 months.

However, if you do chose to go the K-1 route, remember to do your research and read up on all the interviews you can. Make sure you have sufficient evidence and that you both attend the interview and answer all questions truthfully. If you are denied, most people just get married and file for Cr-1 and they generally receive better results. But the chose is yours.

[Aztec&Taino 144]

It will definitely be a "red flag" to the consul in Santo Domingo to see the proximity of his divorce and your petition's submission. It is very important that you make sure that his divorce is finalized before sending the fiance visa petition -as you both must be free to marry at the time of submitting the petition. You may also want to consider going to see him again after his divorce is finalized and marry him and file for the spouse visa (Form I-130). You can read about the differences in the "Guides" link at the top of the page. Basically, the spousal visa takes (on average) a couple of months longer than the fiance visa but is cheaper overall and has the advantage of not having to adjust status later in the process. He would be able to work in the US shortly after arriving, which should be a definite plus. Also, whichever route you decide to take (fiance or spouse) you will definitely need to go see him more times during the waiting period. This is really a must in Santo Domingo in order to prove your relationship's authenticity.

Best wishes!

[Anneris 0]

It will definitely be a "red flag" to the consul in Santo Domingo to see the proximity of his divorce and your petition's submission. It is very important that you make sure that his divorce is finalized before sending the fiance visa petition -as you both must be free to marry at the time of submitting the petition. You may also want to consider going to see him again after his divorce is finalized and marry him and file for the spouse visa (Form I-130). You can read about the differences in the "Guides" link at the top of the page. Basically, the spousal visa takes (on average) a couple of months longer than the fiance visa but is cheaper overall and has the advantage of not having to adjust status later in the process. He would be able to work in the US shortly after arriving, which should be a definite plus. Also, whichever route you decide to take (fiance or spouse) you will definitely need to go see him more times during the waiting period. This is really a must in Santo Domingo in order to prove your relationship's authenticity.

Best wishes!

Thank you for your reply. I am definetly waiting for his divorce to be final before filing for the K1 visa and I am planning to go over there again in August. I was also thinking that it might help if we some statements from some of our high school friends that can testify in writting of the veridity of the relationship.

Thanks

[Anneris 0]

You are right about the the closeness of his previous relationship ending and the time you file your K-1 petition for him.

This is definitely raise a "red flag". The Embassy in Santo Domingo is "no walk in the park", its a high fraud country so they are always on alert and on the look out. If they suspect anything "fishy" they make your day there a living hell (read some interview experiences gone wrong- not only will they deny you but they'll you feel like you committed a crime.)

My suggestion for you is either to wait a little while longer and begin establishing a relationship that you can "prove" is real and active. Or for you two to just get married when you are ready and file Cr-1 visa. The marriage is visa is economically better and he can study or work immediately entering the U.S. and not Adjust status and go through another waiting period. K-1 and Cr1 timelines to completion are both close to 6-8 months.

However, if you do chose to go the K-1 route, remember to do your research and read up on all the interviews you can. Make sure you have sufficient evidence and that you both attend the interview and answer all questions truthfully. If you are denied, most people just get married and file for Cr-1 and they generally receive better results. But the chose is yours.

Thank you for your imput. I will definetly look into the CR-1 visa also. I am doing as much research I can because i would hate to be denied and not know what to do from there. Our relationship is legit and he thinks that we'll be ok but I am freaking out.

[Anh map 2,098]

Moved from Site Related Discussion to K1 forum