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Divorce question

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Is there a minimum time that the US petitioner should be divorced from former wife before filing? I have been seperated for 5 years living 2300 miles apart. My divorce is still pending. I will file K1 for my fiance of 1 year immediately after I receive the final divorce decree.

Will this be held against us? Is there a minimum wait time?

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There is no legal wait time. As soon as you receive your divorce, you can submit your application.

I was the beneficiary, and as soon as I got my divorce, we applied for the K-1 visa. My divorce was not even an issue.


"THE SHORT STORY"

KURT & RAYMA (K-1 Visa)

Oct. 9/03... I-129F sent to NSC

June 10/04... K-1 Interview - APPROVED!!!!

July 31/04... Entered U.S.

Aug. 28/04... WEDDING DAY!!!!

Aug. 30/04... I-485, I-765 & I-131 sent to Seattle

Dec. 10/04... AOS Interview - APPROVED!!!!! (Passport stamped)

Sept. 9/06... I-751 sent to NSC

May 15/07... 10-Yr. PR Card arrives in the mail

Sept. 13/07... N-400 sent to NSC

Aug. 21/08... Interview - PASSED!!!!

Sept. 2/08... Oath Ceremony

Sept. 5/08... Sent in Voter Registration Card

Sept. 9/08... SSA office to change status to "U.S. citizen"

Oct. 8/08... Applied in person for U.S. Passport

Oct. 22/08... U.S. Passport received

DONE!!! DONE!!! DONE!!! DONE!!!

KAELY (K-2 Visa)

Apr. 6/05... DS-230, Part I faxed to Vancouver Consulate

May 26/05... K-2 Interview - APPROVED!!!!

Sept. 5/05... Entered U.S.

Sept. 7/05... I-485 & I-131 sent to CLB

Feb. 22/06... AOS Interview - APPROVED!!!!! (Passport NOT stamped)

Dec. 4/07... I-751 sent to NSC

May 23/08... 10-Yr. PR Card arrives in the mail

Mar. 22/11.... N-400 sent to AZ

June 27/11..... Interview - PASSED!!!

July 12/11..... Oath Ceremony

We're NOT lawyers.... just your average folks who had to find their own way!!!!! Anything we post here is simply our own opinions/suggestions/experiences and should not be taken as LAW!!!!

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Is there a minimum time that the US petitioner should be divorced from former wife before filing? I have been seperated for 5 years living 2300 miles apart. My divorce is still pending. I will file K1 for my fiance of 1 year immediately after I receive the final divorce decree.

Will this be held against us? Is there a minimum wait time?

There's no minimum wait time. If you're both eligible to marry then you can file a petition. Whether it will be an issue depends on the consulate, and also on the circumstances. Is your ex-wife an immigrant? Did she immigrate through marriage to you? If the answer to these questions is "yes" then they'll either conclude you have a penchant for foreign women, or perhaps you're easily manipulated into helping people immigrate, or maybe that you're not being manipulated at all but are a willing participant.

Some consulates can get anxious about a recent divorce because it can be an indicator of a particular type of visa fraud. There are different scenarios they might suspect, depending on whether the petitioner or beneficiary is recently divorced.

If the petitioner is recently divorced then the scenario they might suspect is that the petitioner was recruited to help the beneficiary immigrate, and only obtained the divorce temporarily so that they could qualify to petition for a fiancee or spouse. One of the indicators they'll look for is any sort of connection between the petitioner and family members of the beneficiary's in the US. Another is if the petitioner made multiple trips to visit the beneficiary, or sent regular remittances to the beneficiary, but the petitioner has low income that barely qualifies them as a sponsor. This makes it look like the beneficiary's family is helping to fund the process, and providing money to help gather the necessary evidence, and possibly even paying the petitioner for their "services". They'll also look to see if there's any ongoing relationship between the petitioner and their ex-spouse, such as if they are still living in the same house.

If the beneficiary is recently divorced then the scenario they might suspect is that the beneficiary is playing the petitioner to get a visa, and intends to drop them like a hot potato once their immigration status is secured. At that point, they'll remarry the previous spouse and petition for them. Their level of suspicion rises if the beneficiary filed for divorce after meeting the petitioner. They'll also look for evidence that the beneficiary still has a relationship with their ex-spouse.

Both of these scenarios are very common in some countries, and practically unheard of in some others. I'd say the Philippines probably falls somewhere in the middle.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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As long as you wait until the divorce is finalized and you submit the signed divorce decree (copy) with the petition paperwork then you should be fine.


USCIS

29 DEC 2011: I-129F sent

12 JAN 2012: NOA1 via E-mail

17 JAN 2012: Mil. Expedite Request Sent to CSC

19 JAN 2012: NOA1 Hard Copy

25 JAN 2012: Call USCIS to ask if file is at CSC yet, was informed of an email requesting documents that I never received

25 JAN 2012: Response for 'Typographical Error' in the email from the 20th(no wonder I didnt get it)

25 JAN 2012: Documents requested sent back to Case Officer

30 JAN 2012: NOA2 Hard Copy Via Snail Mail

NVC

30 JAN 2012: I-129F Packet Arrives

31 JAN 2012: Case forwarded to Embassy

Embassy

03 FEB 2012: Signed for at USEM

23 FEB 2012: Packet 3 arrives

28 FEB 2012: Packet 3 sent

05 MAR 2012: Packet 4 arrives

23 MAR 2012: Interview/221(g)

02 APR 2012: Approval!

04 APR 2012: Visa in hand ^_^

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My soon to be ex was an immigrant but, we were married for 23 years and raised 2 kids. like I said we have lived separately for the last 5 years and the divorce took so long due to financial constraints. My fiance and I have been together for a year. During that time we have spent about 150 days together in person as my job has me traveling quite a bit. we have stacks and stacks of proofs for our relationship......I am just a little concerned with the consulate allowing their personal beliefs or morals cloud their judgement. In a perfect world a man would get a divorce before starting a new relationship but, we don't live in a perfect world.

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have proof ready that you lived in separate homes the past five years.


Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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Is there a minimum time that the US petitioner should be divorced from former wife before filing? I have been seperated for 5 years living 2300 miles apart. My divorce is still pending. I will file K1 for my fiance of 1 year immediately after I receive the final divorce decree.

Will this be held against us? Is there a minimum wait time?

The requirement is to be free to marry.


VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

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Is there a minimum time that the US petitioner should be divorced from former wife before filing? I have been seperated for 5 years living 2300 miles apart. My divorce is still pending. I will file K1 for my fiance of 1 year immediately after I receive the final divorce decree.

Will this be held against us? Is there a minimum wait time?

No time limit but the divorce must be final and recorded with the county prior to filing.


Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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My soon to be ex was an immigrant but, we were married for 23 years and raised 2 kids. like I said we have lived separately for the last 5 years and the divorce took so long due to financial constraints. My fiance and I have been together for a year. During that time we have spent about 150 days together in person as my job has me traveling quite a bit. we have stacks and stacks of proofs for our relationship......I am just a little concerned with the consulate allowing their personal beliefs or morals cloud their judgement. In a perfect world a man would get a divorce before starting a new relationship but, we don't live in a perfect world.

My case was similar to yours. My ex is Filipina. I married her in the Phils and filed for her and her son on what was then Immediate Relative VISAs. We were married more than 13 years, not quite 23 though. My current fiancee is Filipina also and I filed the I-129f for her K-1 about 6 weeks after I got the divorce decree from the divorce of my first Pinay wife in my hands. My fiancee is here now and my divorce nor the time element between the decree and the I-129f filing never came up as an issue. I filed a regular copy of the decree for the I-129f, but submitted a certified copy for my fiancee's interview (which they never asked for!), but she did use it for her CFO Seminar where they DID ask for it.

As someone already mentioned, one of the more crucial requirements is that you are both free to marry. As for you, you will be when you get that divorce decree in your hands. Actually as soon as the judge signs off on the divorce, but you need the divorce decree to file the I-129f petition and other things later.

Hope this helps!


10/17/2008 - First Contact via message in CB

03/15/2009 - Engaged

05/15/2009 - First meeting in person (I traveled to Philippines)

10/05/2010 - Sent I-129F package to Fiancee VISA service for review and forwarding

12/08/2011 - Interview - Approved!

12/20/2011 - VISA in hand! (Never showed up in 2go online tracking!)

01/04/2012 - POE San Francisco(SFO)I met her there.

01/05/2012 - We're Home!

02/14/2012 - Married Valentine's Day 2012!

05/04/2012 - Mailed AOS/EAD/AP packages via FedEx ground

07/26/2012 - EAD/AP Combo card received

"TeddyHoney and SqueezyBear"

(Derrick and Ritchie)

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My soon to be ex was an immigrant but, we were married for 23 years and raised 2 kids. like I said we have lived separately for the last 5 years and the divorce took so long due to financial constraints. My fiance and I have been together for a year. During that time we have spent about 150 days together in person as my job has me traveling quite a bit. we have stacks and stacks of proofs for our relationship......I am just a little concerned with the consulate allowing their personal beliefs or morals cloud their judgement. In a perfect world a man would get a divorce before starting a new relationship but, we don't live in a perfect world.

Oh, and btw - my ex and I seperated for one year before I met my fiancee, but we were still married for another 2 years after that before we finalized the divorce. So again, like you, I met and visited my current fiancee while I was still married, but my ex and I were already separated. I had relationship with my current Pinay fiancee for 2 years prior to my final divorce and another year and several months after that. Point is though, that none of that ever came up for the I-129f, in the interview or at the CFO seminar.

Again, hope this helps!


10/17/2008 - First Contact via message in CB

03/15/2009 - Engaged

05/15/2009 - First meeting in person (I traveled to Philippines)

10/05/2010 - Sent I-129F package to Fiancee VISA service for review and forwarding

12/08/2011 - Interview - Approved!

12/20/2011 - VISA in hand! (Never showed up in 2go online tracking!)

01/04/2012 - POE San Francisco(SFO)I met her there.

01/05/2012 - We're Home!

02/14/2012 - Married Valentine's Day 2012!

05/04/2012 - Mailed AOS/EAD/AP packages via FedEx ground

07/26/2012 - EAD/AP Combo card received

"TeddyHoney and SqueezyBear"

(Derrick and Ritchie)

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I was still married when my wife and I met. Our total time line overlaps for almost a year. It has nothing to do with being qualified. I proposed two weeks after my divorce was finalized. A lot of different things happen in life for a lot of different reasons. I don't have to explain myself to anyone but my wife and my conscience.

Both of those are clear. You only got one shot at life and if you are not happy then you need to do everything you can to fix it or bail out which ever makes the most sense for your situation.


Our time line:

-----------

11-2-09 Met for the first time

11-3-09 Went to dinner to celebrate my birthday

11-18-09 Officially became bf/gf.

11-22-09 Went back to the States

1-1-10 Talked to her father on the phone queried about my intentions. Told him I intended to marry her.

10-8-10 2nd Trip back to Philippines

10-10-10 Proposed to her ... She said YES!

10-16-10 Meet her parents and family in the province for the first time

10-25-10 Returned to States

11-2010 Started her annulment process

1-4-11 Free to marry within the country

2-8-11 3rd trip to Philippines

2-10-11 Annulment process complete (can file for US visas now)

4-27-11 Got Married

5-30-11 Finally received marriage contract from priest

6-4-11 Discovered we needed to get an electronic endorsement of our marriage contract submitted

6-22-11 Finally got updated CENOMAR to show annulment of previous marriage

7-29-11 Finally had to say good bye and leave the Philippines after 6 months

8-18-11 Submitted CR-1 pkg to visa service agency

9-9-11 After a thorough review and obtaining additional docs, finally mailed our pkg to USCIS.

9-12-11 NOA1 received

3-14-12 USCIS approved our I-130

3-17-12 NOA2 received

NVC:

3-19-12 Package acknowledged by NVC.

4-3-12 NVC enters our package into their system and generates our case#

4-4-12 AOS pmt made

Manila Embassy

4-9-12 Petition US Embassy Manila to expedite since I will be in country

5-23-12 Interview at US Embassy - approved

5-31-12 Visa in Hand

6-6-12 Len Arrives!!!!! in the US via Chicago to Houston

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