Marrying another immigrant after divorce

[Angela256z 30]

I am married to an immigrant from Mexico. We separated in 2010, but I could not pay for the divorce until now. The divorce will be finalized in May or June if all goes well. I never completed the case. It sat at NVC and they finally terminated the case.

I am now engaged to a man from England. I want to file the I-129F as soon as the divorce is final. How will this effect my case with my current fiance? I want to do this right and prove that we are in a true relationship. We have talked on Skype daily since Nov 2010. He came to visit for a week in Feb 2012 and then extended his stay another week. I tried to get transcripts off Yahoo from our talks, but only got back to Aug 2011 as it must have erased after they updated their program.

Any suggestions will be helpful.

Also if we file the I-129F in May can he come visit in August?

[LeftCoastLady 441]

I am married to an immigrant from Mexico. We separated in 2010, but I could not pay for the divorce until now. The divorce will be finalized in May or June if all goes well. I never completed the case. It sat at NVC and they finally terminated the case.

I am now engaged to a man from England. I want to file the I-129F as soon as the divorce is final. How will this effect my case with my current fiance? I want to do this right and prove that we are in a true relationship. We have talked on Skype daily since Nov 2010. He came to visit for a week in Feb 2012 and then extended his stay another week. I tried to get transcripts off Yahoo from our talks, but only got back to Aug 2011 as it must have erased after they updated their program.

Any suggestions will be helpful.

Also if we file the I-129F in May can he come visit in August?

Was your other marriage via K-1? Before you file the I-129F petition, finalize the divorce first. You both must be 100% free to marry upon filing, so if your state has a waiting period after a divorce, be sure to investigate that as well.

Your fiancé should be fine to visit in August as long as he shows ties to the UK -- a job, lease/rental agreement, etc. But, it is ultimately up to the agent to permit someone to enter the country, so there's always a risk.

[Darnell 8,478]

I never completed the case. It sat at NVC and they finally terminated the case.

I assume this was for a spousal visa, a CR-1 or IR-1, yes?

do not file the I-129F until you have a divorce decree in your hands.

[JimVaPhuong 4,863]

I am married to an immigrant from Mexico. We separated in 2010, but I could not pay for the divorce until now. The divorce will be finalized in May or June if all goes well. I never completed the case. It sat at NVC and they finally terminated the case.

I am now engaged to a man from England. I want to file the I-129F as soon as the divorce is final. How will this effect my case with my current fiance? I want to do this right and prove that we are in a true relationship. We have talked on Skype daily since Nov 2010. He came to visit for a week in Feb 2012 and then extended his stay another week. I tried to get transcripts off Yahoo from our talks, but only got back to Aug 2011 as it must have erased after they updated their program.

Any suggestions will be helpful.

Also if we file the I-129F in May can he come visit in August?

When the petitioner has filed a previous petition for a spouse or fiance then they always look at the previous case and the current relationship more closely to see if a pattern of fraud emerges. It's less likely to be an issue at the embassy in London than it would be in a third world country, but they'll still look at it, and they'll likely ask your new fiance about it. Make sure he knows all about your previous marriage and any immigration steps you went through.

Evidence showing a relationship that began before the previous marriage was terminated is sometimes considered a sign of potential fraud. Again, this is more likely in a third world country than in England. Still, he should be able to explain any questions about this to the consular officer.

It's not prohibited to visit while a fiance visa petition is pending. He can certainly try to visit. There's no guarantee he'll be admitted. CBP may insist on seeing proof of his intent to return to England, such as evidence he's got a job and home to return to. If it looks at all like he abandoned his life in England to come to the US then they'll suspect he intends to become an immigrant before leaving, and they'll deny him entry.

[Angela256z 30]

Thank you guys. Yes I will defiantly have a divorce decree in hand before I do anything with my new fiance.

The case with my ex was a CR1. Should I get a letter from my ex saying that we were separated? I did move to another state in Aug 2010. I knew my fiance before this time, but we didn't officially start dating until Nov 2010.

My ex husband also had a child with another woman in Dec 2007. This is what caused the marriage to fail. I tried to work through it and move on from it, but I finally decided it was not someone I wanted to be with. I was never in the marriage for just papers, but after I found out about the child I have thought that maybe that was all he was in for.

Any documents, papers, letters you all think I should get to help my Fiance and I?