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johnny828

going through divorce

By johnny828 in K-1 Fiance(e) Visa Process & Procedures

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johnny828 Rookie

johnny828   1

Posted
Filed: Country: Taiwan
 Timeline
Posted

Hi, my fiance is going through divorce right now, and will be final in June. And she is coming to see me after divorce is final, and we plan to file K1 after that. Is there any risk in filing so close to the finalization of divorce? And most of our proof on ongoing relation is after she move out and filed for divorce, will that be a problem? We knew each other for over 20 years, and didnt start until she decide she want out of her marriage. Can anyone tell me what are my risks and need to be more prepare for. Thank you

Laure&Colin Proficient

Laure&Colin   558

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

Filing for her K1 soon after her divorce could be seen as a "red flag" and arise suspicion of fraud or fake relationship.

It really depends on how tough the Consulate she will interview in. In a Western European country, it would probably cause no problem, but in a high fraud country, it might definitely raise questions.

I'm sure experienced members will come and tell you what you can do to address this red flag. Good luck!

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01/15/14: sent I-751 application

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Penguin_ie Grand Master

Penguin_ie   5,994

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

How long has she been officially separated? Was the ex an immigrant too?

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

goodgurl Enthusiast

goodgurl   3

Posted
Filed: Country: Egypt
 Timeline
Posted

Hi, my fiance is going through divorce right now, and will be final in June. And she is coming to see me after divorce is final, and we plan to file K1 after that. Is there any risk in filing so close to the finalization of divorce? And most of our proof on ongoing relation is after she move out and filed for divorce, will that be a problem? We knew each other for over 20 years, and didnt start until she decide she want out of her marriage. Can anyone tell me what are my risks and need to be more prepare for. Thank you

im going through the same thing! i just filed my divorce last week and im going to see my fiance at the end of may. i hope we dont have any problems!!!! keep me posted on what happens in your case!! Thanks

johnny828 Rookie

johnny828   1

Posted
Filed: Country: Taiwan
 Timeline
  • Author
Posted

im going through the same thing! i just filed my divorce last week and im going to see my fiance at the end of may. i hope we dont have any problems!!!! keep me posted on what happens in your case!! Thanks

Ok, I will, hope everything goes smooth for both of us, afterall we just want to be with someone we truely love.

Penguin_ie Grand Master

Penguin_ie   5,994

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

That isa very short time between separation and the two of you getting together, but with your history of knowing eachother for a long time, I don;t think it will be a major issue.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

zzzlpr Apprentice

zzzlpr   7

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
Posted (edited)

This time, or like of there of, is not a requirement, so you can not be denied based only on this.

However, it is a red flag which can bring a more close scrutiny to your process.

At filing this won't likely to be brought up, but when comes to the interview there is a chance that this will be asked.

So, make sure you have her prepared to answer/explain the relationship in a clear, objective and concise way.

FYI, although separated for a long time from our previous spouses, I filed for my wife's K1 not too long after legally divorced. In her case, annulment, I filled for her K1 just days after her annulment court order.

We had no related snags or were ever asked about it.

Wishing the best.

Edited by zzzlpr

"A man does not know how alive he can be until a sweet Pinay steals his heart."

my point of view

11/08/2007 - Annulment Process Started

08/21/2008 - Annulment Granted

09/05/2008 - Annulment Court Order Issued

09/10/2008 - Mailed I-129F

09/12/2008 - NOA1 Issued

01/29/2009 - NOA2 Issued

02/07/2009 - Manila Case Number Letter Received from NVC

03/02/2009 - Passed Medical

03/23/2009 - Interview

05/13/2009 - Arrived in US

06/01/2009 - Applied for SSN

06/02/2009 - Pending Immunizations done

06/05/2009 - Received SSN

06/22/2009 - Got Married "downtown" style

06/27/2009 - Requested sealed envelop with immunization form from Civil Dr.

07/03/2009 - Received sealed envelop from Dr.

07/14/2009 - Mailed the AOS

07/16/2009 - AOS arrived USCIS

07/20/2009 - AOS NOA1 Issued

08/21/2009 - Biometrics at local USCIS Office

09/10/2009 - Received EAD cards

11/17/2009 - AOS interview. Given a favorable decision.

11/27/2009 - Received the GC

10/07/2011 - Mailed the ROC

10/11/2011 - Arrived at VSC

10/18/2011 - ROC NOA Received (contains the 1 year extension)

11/14/2011 - Received ROC Biometrics Appointment Notification

12/09/2011 - ROC Biometrics

 
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