How soon can I file K1 after a divorce and previous viza refusal

[dream85 0]

Hi all and thank you in advance for your help.

So basically this is my story. I am a us citizen who married a Chinese girl in 2008 here in the USA /K2/ process. A year ago I met a girl online and fell in love with her. Last September when I got back from my trip to her country – Bulgaria, Eastern Europe I filled for a divorce. Last month I received my final divorce papers – on 4th of January. So my questions are as follows:

- Can I file for K 1 ? Should I wait a few months or can I do it now? Does it matter anyway?

- Can this in any way affect our approval?

My fiancée wanted to visit me in the USA but unfortunately she was refused a US visa – B2 tourist visa. Can this be a red flag?

Out relationship is real - we really love each other, we have seen each other twice - in her home country and abroad.

Thank you all

Regards,

[pushbrk 12,136]

Hi all and thank you in advance for your help.

So basically this is my story. I am a us citizen who married a Chinese girl in 2008 here in the USA /K2/ process. A year ago I met a girl online and fell in love with her. Last September when I got back from my trip to her country – Bulgaria, Eastern Europe I filled for a divorce. Last month I received my final divorce papers – on 4th of January. So my questions are as follows:

- Can I file for K 1 ? Should I wait a few months or can I do it now? Does it matter anyway?

- Can this in any way affect our approval?

My fiancée wanted to visit me in the USA but unfortunately she was refused a US visa – B2 tourist visa. Can this be a red flag?

Out relationship is real - we really love each other, we have seen each other twice - in her home country and abroad.

Thank you all

Regards,

Denial for a tourist visa is generally not a red flag but added to the definite red flag of meeting while already married to somebody whose immigration you petitioned for and sponsored so recently, it will add to the negatives. You can't change the circumstances of how or when you met the new woman, so I can't imagine how waiting to file the petition would give you any advantage. Be prepared for significant scrutiny of the validity of the current relationship.

[dream85 0]

Hi all and thank you in advance for your help.

So basically this is my story. I am a us citizen who married a Chinese girl in 2008 here in the USA /K2/ process. A year ago I met a girl online and fell in love with her. Last September when I got back from my trip to her country – Bulgaria, Eastern Europe I filled for a divorce. Last month I received my final divorce papers – on 4th of January. So my questions are as follows:

- Can I file for K 1 ? Should I wait a few months or can I do it now? Does it matter anyway?

- Can this in any way affect our approval?

My fiancée wanted to visit me in the USA but unfortunately she was refused a US visa – B2 tourist visa. Can this be a red flag?

Out relationship is real - we really love each other, we have seen each other twice - in her home country and abroad.

Thank you all

Regards,

Correction my previous marriage was based on K3.

[Penguin_ie 5,986]

*** judgemental post removed. Post constructive advice or do not post at all ****

[Gary and Alla 3,694]

Correction my previous marriage was based on K3.

Makes no difference. Pushbrk is correct. You can file now. Waiting for a period, unless it is a long period will make no difference. Your fiancee should expect to be questioned about it at her interview. Your circumstances will have no effect on the petition.

If the tourist visa was denied for the usual reasons, no problem. If it was her 11th attempt at a tourist visa in the last 2 years and now, VOILA! she arrives with a K-1 application via a petitioner that was married to a foreign woman when she met him...OH YEAH! Big problem.

[dream85 0]

Makes no difference. Pushbrk is correct. You can file now. Waiting for a period, unless it is a long period will make no difference. Your fiancee should expect to be questioned about it at her interview. Your circumstances will have no effect on the petition.

If the tourist visa was denied for the usual reasons, no problem. If it was her 11th attempt at a tourist visa in the last 2 years and now, VOILA! she arrives with a K-1 application via a petitioner that was married to a foreign woman when she met him...OH YEAH! Big problem.

Thank you !

They refused her visa due to the fact that according to them she does not have strong relations to her country - simply meaning she was not marry or engaged last year. She was issued a J 1 visa in 2008 with no problems at all.

[Gary and Alla 3,694]

Thank you !

They refused her visa due to the fact that according to them she does not have strong relations to her country - simply meaning she was not marry or engaged last year. She was issued a J 1 visa in 2008 with no problems at all.

Then that should not be an issue

It is crucial that THIS fiancee know ALL ABOUT your former wife because you can expect she will be asked about it. If her response is " #######?????!!!!!!" Not a good indication of a legitimate relationship.

[dream85 0]

Then that should not be an issue

It is crucial that THIS fiancee know ALL ABOUT your former wife because you can expect she will be asked about it. If her response is " #######?????!!!!!!" Not a good indication of a legitimate relationship.

Of course she knows about my previous marriage

[skiptex 225]

Of course she knows about my previous marriage

hope this one works out .. for both of you..

[baron555 934]

Of course she knows about my previous marriage

Not good enough.....does she know that you were courting her while you were still married?

The CO will know these timelines and may ask her about it.....as stated if she is surprised during the interview,that will not be good.

She may want to know these things.....more for her own personal decision making about her future than anything else.

[himher 634]

Removed or not, it was funny.

Unless that girl is well-briefed there is a train in the tunnel. One thing those IO's do is check out timelines and this one is going to raise all kinds of red flags.

*** judgemental post removed. Post constructive advice or do not post at all ****

[Gary and Alla 3,694]

Not good enough.....does she know that you were courting her while you were still married?

The CO will know these timelines and may ask her about it.....as stated if she is surprised during the interview,that will not be good.

She may want to know these things.....more for her own personal decision making about her future than anything else.

Yeah true that. They are not always subtle with the questions either. It may well be presented as "Did you know your fiancee was having sex with other women while he was courting you" They may not be too specific about how many other women, etc.

The suggestion is that she be informed.

[dream85 0]

There is no need to be arrogant. I was physically separated with my ex-wife by the time I started my relationship with my current fiancée. Both my ex-wife and my fiancée knew for each other. I explained everthing to my fiancee - of course she was a litte disturbed but she knows everything.

People, as I said earlier – please, do not judge other people when you do not what the circumstances were.

[baron555 934]

You are just being forewarned about some of the realities that DO occur during the interviews....

and ensure your fiance is ready for an "arrogant" CO's questions, sometimes purposefully misleading or false just to gauge your fiance's reactions.....and be easy to accept the CO's decision as final.

Your history is not the norm and therefore just be forewarned.

[baron555 934]

do not judge other people when you do not what the circumstances were.

Helpful hint to the newbie......better to give all the sordid details up front, especially on a public forum where you are asking for help to determine if you unique case will run into troubles.....and not waste our time vetting out the truth and possibly jumping to conclusions about your intentions.