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ChapterZero

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By ChapterZero in K-1 Fiance(e) Visa Process & Procedures

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ChapterZero Rookie

ChapterZero   0

Posted
Filed: Timeline
  • Author
Posted

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

I am italian and I never applyed for any kind of visa yet. Everytime I went to visit I was there for less than 3 months so I didn't do anything else.

With "stay in the US" all I meant was that since he is American and I am not, we have to apply for a Visa in order for me to stay there legally. I probably explained myself in a bad way.

I posted this topic because I tried to "this as the interviewer" (as someone just mentioned) and if i were in the interviewer and I was going to review a case like mine (She is Italian, he is American and he just divorced and got engaged after) . I would think that there is something behind.

My boyfriend and "his ex wife" have filled years ago what I think it can be called friendly separation (sorry my english) or something like that...all they need to do is actually send in the DIVORCE PAPER. Because right now they still are not divorced.

I was just really worried because I know that they haven't filled it yet because it costs money and they basically been just...let's say Lazy. They are really friend and they both do not really care about that marriage anymore that they set other things as their priority. But in my opinion he should take care of that ASAP, for various reasons, not only because we want to get marry and stuff. But anyway, that's another story and his business....

Thank you for the reply :)

TBoneTX Grand Master

TBoneTX   47,271

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted
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.
No, sir. Inky is 100% correct, whereas you are spouting dangerous generalizations that cannot possibly apply to all consular officers in all countries. If you have objective data to support your assertions (I can guarantee everyone that you do not), please supply it. Otherwise, kindly desist from projecting your experience at a comparatively powderpuff embassy onto all others, because all situations, embassies, and consular officers' attitudes are not the same. Just because you think so doesn't make it so.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Rebecca Jo Experienced

Rebecca Jo   1,962

Posted
Filed: Lift. Cond. (apr) Country: United Kingdom
 Timeline
Posted (edited)

Jeez people.

At the USCIS stage, both parties have to be free to marry before filing. A recent divorce of either party will not cause the petition to be denied.

At the consular stage, it is country specific as to whether or not a recent divorce (of either party) will be a red flag.

Edited by Rebecca Jo

Our journey together on this earth has come to an end.

I will see you one day again, my love.

san diego Proficient

san diego   407

Posted
Filed: Citizen (apr) Country: Russia
 Timeline
Posted

No, sir. Inky is 100% correct, whereas you are spouting dangerous generalizations that cannot possibly apply to all consular officers in all countries. If you have objective data to support your assertions (I can guarantee everyone that you do not), please supply it. Otherwise, kindly desist from projecting your experience at a comparatively powderpuff embassy onto all others, because all situations, embassies, and consular officers' attitudes are not the same. Just because you think so doesn't make it so.

I am basing my suggestion on my own experience AND very experienced lawyer opinion that I used for filing I129F and K1. What are YOU basing your opinion on? References please.

Rebecca Jo Experienced

Rebecca Jo   1,962

Posted
Filed: Lift. Cond. (apr) Country: United Kingdom
 Timeline
Posted

I am basing my suggestion on my own experience AND very experienced lawyer opinion that I used for filing I129F and K1. What are YOU basing your opinion on? References please.

He is basing his experience on his own very difficult consular process.

Each case is unique. Especially at the consular level.

Apparently you like sticking around to help out others who are still going through the process. That's a good thing. As such, consider adding to your knowledge base the experiences of others. It will help make your advice more "accurate".

Our journey together on this earth has come to an end.

I will see you one day again, my love.

TBoneTX Grand Master

TBoneTX   47,271

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted
He is basing his experience on his own very difficult consular process.
My process was difficult, but my responses here have even more to do with daily reading of many people's situations in many different countries.
Each case is unique. Especially at the consular level.
Absolutely. This comment needs to be pinned.
consider adding to your knowledge base the experiences of others. It will help make your advice more "accurate".
Agreed.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

JG&JB4L Apprentice

JG&JB4L   2

Posted
Filed: K-1 Visa Country: Jamaica
 Timeline
Posted

I can relate to other posters who were previously married. I was married before and also filed for my ex-husband. The divorce was still pending while I filled out all the I129 paperwork.

A soon as I got the divorce decree it was added to my documents and the I129 was submitted.

I do see where the interviewer may question a K-1 filing in such close proximity to a divorce especially when the prior marriage also involved a non-resident of the United States. Despite this I was determined to get my application in as soon as I possibly could.

Tomorrow is my fiance's interview and whether or not that will be an issue we shall see. However, when you are confident about your relationship, can espouse the TRUTH of the relationship, and have the proof to support it the confidence which that provides you can take you a far way.

Start preparing for the journey ahead of you; I wish you all the best. :)

Kengux Enthusiast

Kengux   3

Posted
Filed: V-1 Visa Country: South Africa
 Timeline
Posted

@JG&JB4L, i wish ur fiance a success in the interview.

However, this has been one of the most interesting topic i have read in VJ...

Nevertheless, recent divorce do not have anything to do with visa approval.

K1 prerequisite is that, both the petitioner and beneficiary are free to marry within 90days of the latter's entrance into the United States.

Each consulate's discretion is based on individual's visa situations/cases.

Do not be discouraged...

 
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