Already been married

[ChapterZero 0]

Hello everyone,

I have a question for you guys, hopefully someone will be able to help me.

My boyfriend is still married with his wife. They are "divorced" but the papers never went through (so i guess they are still married for the Gov or maybe just separated)

From what I know they do not share anything in common , like bank account or anything. They do not live together but she still have his last name.

My question is:

Since he said that he will fill the papers only when he will get engaged (hopefully with me lol), I was wondering if that would be a problem in case of filling a K-1 Fiancee.

I thought about that and I am scared that this will be a big pain in the @ $ $ . Like I do not want them to think he just divorced just to "let me in the USA".

He said that this shouldn't be a big deal, but I wanted to be sure.

Their wedding is "over" since years now and between them there is just friendship, but basically that's not what papers says.

Anyone can help me please?

Thanks everyone in advance!

[aoifemc 2]

he has to oficially file for a divorce right now!! then you can apply for K1 visa. It shoouldnt matter if one happens right after the other if you have a legitimate realtionship.

[Inky 1,111]

It can be looked as a red flag when they see the person files for divorce and gets engaged in a very short period of time.

[Anh map 2,098]

Without a copy of the divorce decree he can't petition for anyone else.

[aleful 1,905]

Hello everyone,

I have a question for you guys, hopefully someone will be able to help me.

My boyfriend is still married with his wife. They are "divorced" but the papers never went through (so i guess they are still married for the Gov or maybe just separated)

From what I know they do not share anything in common , like bank account or anything. They do not live together but she still have his last name.

My question is:

Since he said that he will fill the papers only when he will get engaged (hopefully with me lol), I was wondering if that would be a problem in case of filling a K-1 Fiancee.

I thought about that and I am scared that this will be a big pain in the @ $ $ . Like I do not want them to think he just divorced just to "let me in the USA".

He said that this shouldn't be a big deal, but I wanted to be sure.

Their wedding is "over" since years now and between them there is just friendship, but basically that's not what papers says.

Anyone can help me please?

Thanks everyone in advance!

you can't file or marry because right now he is married, he must divorce and have a divorce decree to be able to marry you.

[ChapterZero 0]

you can't file or marry because right now he is married, he must divorce and have a divorce decree to be able to marry you.

Yes I know I can't file or marry him right now because he is still married

It can be looked as a red flag when they see the person files for divorce and gets engaged in a very short period of time.

yeah that is what I was thinking.

Thank you so much!

he has to oficially file for a divorce right now!! then you can apply for K1 visa. It shoouldnt matter if one happens right after the other if you have a legitimate realtionship.

I know what you mean...and I agree. He should have fixed that already, but these are his decisions and I can't force him doing things.

My main concern now is to know if this can be a problem.... In my opinion yes.. but wanted to be sure

Thanks for the reply!

[san diego 407]

I do not see it as a red flag. Obviously, he has to get divorced first. However, DO NOT WAIT A SINGLE DAY AFTER THE DIVORCE. File immediately for I129F! I did the same. We got engaged BEFORE I was officially divorced and I applied for I129F the next day after I received my divorce decree! Literally! All my documents were prepared and stuff and my lawyer sent them out the next day! No problem at all! Don't wait! This is not a problem at all.

[ChapterZero 0]

I do not see it as a red flag. Obviously, he has to get divorced first. However, DO NOT WAIT A SINGLE DAY AFTER THE DIVORCE. File immediately for I129F! I did the same. We got engaged BEFORE I was officially divorced and I applied for I129F the next day after I received my divorce decree! Literally! All my documents were prepared and stuff and my lawyer sent them out the next day! No problem at all! Don't wait! This is not a problem at all.

uhm, sorry but I am new here. Doesn't your profile says you are from Russia? I mean, if you are from Russia and you are the one who was married and your at time american girlfriend was not married or anything i guess there was no problem...but my boyfriend is American and technically if I marry him I will be able to stay in the US. That's why I was worried about the "timing" -- I do not want that whoever checks our papers will think " Oh wait a minute he just got divorced, what if this is a fake thing?"

You know what I mean? Hopefully I didn't make any confusion LOL

[san diego 407]

uhm, sorry but I am new here. Doesn't your profile says you are from Russia? I mean, if you are from Russia and you are the one who was married and your at time american girlfriend was not married or anything i guess there was no problem...but my boyfriend is American and technically if I marry him I will be able to stay in the US. That's why I was worried about the "timing" -- I do not want that whoever checks our papers will think " Oh wait a minute he just got divorced, what if this is a fake thing?"

You know what I mean? Hopefully I didn't make any confusion LOL

I am US Citizen (a guy!). My wife is from Russia, this is why I have Russian flag. Just like you have Italian flag...

I am US citizen and had a fiancee in Russia. I filed for I129F immediately after MY divorce.

[ChapterZero 0]

I am US Citizen (a guy!). My wife is from Russia, this is why I have Russian flag. Just like you have Italian flag...

I am US citizen and had a fiancee in Russia. I filed for I129F immediately after MY divorce.

ops ok sorry for the misunderstanding.. and I guess i have to change my profile then, because it's me the italian and he is American. whompwhomp!

thanks again for the reply

[BlueBonnet 84]

My question is:

Since he said that he will fill the papers only when he will get engaged (hopefully with me lol

Ive never seen this. The potential bene posting on VJ and not even engaged, and her boyfriend is still legally married. I thought I was a dreamer.

It can be looked as a red flag when they see the person files for divorce and gets engaged in a very short period of time.

I dont think so, I filed for divorce early 2008. My ex fought me the entire way. It went through the courts early Oct. 2009, but the judge took forever to sign and it was legaly over early Feb. 2010. My now husband filed for me the end of March 2010. So even though it "looks" bad, it really wasnt, not in my eyes. During the consulate interview, I was asked about the quicky filing. I told the CO that I was legaly seperated early 2008, but b/c the ex fought me, it wasnt final until early 2010. This was the only question, and only answer to this scenario, I think if it was red flag material the CO wouldve asked more details, maybe some proof, I dont know, but it came across as a simple question, to which I gave an honest answer.

[Inky 1,111]

Ive never seen this. The potential bene posting on VJ and not even engaged, and her boyfriend is still legally married. I thought I was a dreamer.

I dont think so, I filed for divorce early 2008. My ex fought me the entire way. It went through the courts early Oct. 2009, but the judge took forever to sign and it was legaly over early Feb. 2010. My now husband filed for me the end of March 2010. So even though it "looks" bad, it really wasnt, not in my eyes. During the consulate interview, I was asked about the quicky filing. I told the CO that I was legaly seperated early 2008, but b/c the ex fought me, it wasnt final until early 2010. This was the only question, and only answer to this scenario, I think if it was red flag material the CO wouldve asked more details, maybe some proof, I dont know, but it came across as a simple question, to which I gave an honest answer.

YOU don't think so, but what about an interviewer. People need top stop saying " I " don't think so because of course you wouldn't think so you went through it yourself and you know its nothing strange because you know what happened. When the interviewer looks at the forms they see the divorce and they see now suddenly right after the person is engaged from another country. They can see this as a potential red flag especially from some certain countrys. You have to look at thinks from an interviewers point not from your own.

There have been a couple posts even on VJ in the past where a person divorced their spouse and married soon after got their new spouse a green card and then the new spouse left them once they had the green card.

[BlueBonnet 84]

YOU don't think so, but what about an interviewer. People need top stop saying " I " don't think so because of course you wouldn't think so you went through it yourself and you know its nothing strange because you know what happened. When the interviewer looks at the forms they see the divorce and they see now suddenly right after the person is engaged from another country. They can see this as a potential red flag especially from some certain countrys. You have to look at thinks from an interviewers point not from your own.

There have been a couple posts even on VJ in the past where a person divorced their spouse and married soon after got their new spouse a green card and then the new spouse left them once they had the green card.

Youre right. Being "in" the situation it is easy to justify. Being the CO and looking at paperwork could look wrong. I think when I hear " Red Flag " I just think fraud. I see nothing fraudulent with a divorce date and a filing date. That is my perception though.

[san diego 407]

YOU don't think so, but what about an interviewer. People need top stop saying " I " don't think so because of course you wouldn't think so you went through it yourself and you know its nothing strange because you know what happened. When the interviewer looks at the forms they see the divorce and they see now suddenly right after the person is engaged from another country. They can see this as a potential red flag especially from some certain countrys. You have to look at thinks from an interviewers point not from your own.

There have been a couple posts even on VJ in the past where a person divorced their spouse and married soon after got their new spouse a green card and then the new spouse left them once they had the green card.

As I was saying, you are ABSOLUTELY WRONG. Interviewer knows HOW LONG it takes to get a divorce. Interviewer also knows that often couples meet at the conferences and other places and this leads to divorce of previous marriages. This is life and MUCH more natural then getting mail order bride from another country via internet. I had exactly this situation where I met my fiancee, got divorced. Not a single RFE OR a single question at the interview. AND my consulate was in Russia which is much higher fraud country then Italy. OP, do not wait. Divorce will take a long time as is! Please, file immediately after divorce. I did this just like many other people.

Edited August 24, 2011 by san diego

[milimelo 4,743]

....but my boyfriend is American and technically if I marry him I will be able to stay in the US. That's why I was worried about the "timing" -- I do not want that whoever checks our papers will think " Oh wait a minute he just got divorced, what if this is a fake thing?"

You know what I mean? Hopefully I didn't make any confusion LOL

What do you mean stay in the US? What is your current status?