Newbie about the file for K1 visa with some concerns

[geff44 30]

I am new to this forum and I am glad I found this place since I need an advice on my upcoming filing of a K1 visa for my fiancee. First my background: I work in the medical field in one of the hospitals in NJ for more than 20 years . I was a Filipino Citizen before I got my Green card thru a labor sponsored petition back in 2001. In 2005 I became a naturalized US Citizen.

I was married for about 11 years to an American until the dissolution of marriage was official and final in January of this year. We have no children between us (longing for one since my parents have no grandchildren at all). Like me, my ex wife also works in the medical field where we met. I don't want to go to details of my divorce but it was a mutual agreement between me and my ex wife to go separate ways years prior to the divorce. We encouraged each other to date and if we found Mr or Ms right it is OK to go separate ways. The only reason why I stayed this long in the relationship and never divorce her after our falling out was financial. She lost her job in 2005, could not find one or was not seriously looking for one; I supported her until she went back to the workforce in 2012. I moved out of our place in October of 2012.

In April of 2012, I went home to my home province in the Philippines and at an uncle's party met my future fiancee. My uncle knowing my situation with my ex was playing matchmaker. He knew my fiancee since she is the youngest sibling of his girlfriend. He knew she was a nice person and he wanted the best for me albeit young. We didnt hit it off right away. We talked a bit for probably a couple of hours... i didnt even ask her for her number at that time. I didnt even thnikning to date her. We just exchanged Facebook information and thought that was it. Note she was 22 years old and I was 43 years old at that time. We really didn't think much of each other, until we started talking in Facebook one day when I saw her online.. The relationship just took off as we saw a lot in common inspite of our age difference. When I talked to her, it was so easy as if I knew her already. We felt so much enamored with one another. We set June 8th of 2012 as the time we entered in a relationship (facebook timeline) and from there on celebrated monthsary every 8th of the month. I wasnt even familar what a monthsary was. For about six hours each day for the next 11 months (until today) we would either chat tru Skype or Facebook. We have out Skype on even when we were sleeping and just leave her laptop and mine ON. Then facetime in recent months. I called her a few times via phone card, google chat and some email. We celebrated our birthdays , sent her cards and on Valentines Day of 2013 sent her a bouquet of flowers and a big bear. She sent me some sweet candies from back home and had a shirt made with both of our name on it with a heart on my birthday. Christmas she did same thing sent me a package with candies and a Christmas card. Basically we fell in love with each other.

I knew it is going to be a long distance relationship and even before I entered in this relationship , I asked my future fiancee about our age difference. What does she think about it, and for her age does not matter. She was coming off a bad five year relationship with a boyfriend of same age who was with several women while he was still with her . She thought men who are older are more mature and more caring. I was upfront with her that I was married but working on my divorce and she knew everything about the reason why me and my ex wife have irreconcilable differences. My future fiancee was jealous and worried at first thinking she was the caused of our divorce but she got over it. Partly she made it easier for me to part ways with my ex .On my ex part, she understood what was going on and it was a mutual agreement that we have to move forward in life. Why should we continue a marriage relationship devoid of love anyway.

In the meantime my ex got hired a full time job by early August 2012 and it made it easier for me to start the divorce process. By January of 2013 the divorce went for final judgement and the marriage between she and I was dissolved.

I went back home to the Philippines this past April. I stayed there for more than three weeks to be with my fiancee and proposed to her officially at our engagement party attended by her parents,her relatives , my relatives and friends. Unfortunately my parents weren't able to make it since they live in Los Angeles and my Dad has been sick with cancer but was able to view the event via Skype. We started dating at the same time during this period going to different places in the Philippines and even went out of the country to visit one of the Asian countries. This is the first time we were physically together. In three weeks that we spent time together we fell in love more and know each other better. We started talking about marriage, having kids and family together. She knows I want to have children since I dont have none at all and it has been one of my wishes. I was advised by a cousin of mine that K1 is the best way to bring her to the US.

Sorry for the long background but I do want to be as detailed as possible. So here are my questions. I know there will be two red flags when she goes for an interview in Manila. Firstly they will question her about our age difference and secondly why I was on an online relationship with my fiancee to be when the divorce was not final. Should I just forego the K1 visa process and just marry my fiancee and go for a different route? My second question is if I go for the K1 where will my timeline start? Is it from the time we got officially engaged ? I appreciate any suggestions or comments in this matter.

[KayDeeCee 4,903]

An older man and younger woman in Manila is fairly common and would not really be an issue. You do not have a problem for the I-129F petition itself. You only need to both be free to marry at the time of filing and have met in person at least once within the 2 years prior to filing.

As for whether or not the fact you began the relationship while still married will be a problem is something I think I will leave for others that have been through Manila to answer. I personally think it can be overcome with proof you have a bona fide relationship and also because you did not get engaged until after you were divorced.

Be sure to follow the guides and include a copy of your final divorce decree with all the other required documentation that goes along with the I-129F.

[julitathomas0810 30]

What did you file your divorce under ? I know in the state of New Jersey with irreconcilable differences you must live a part for 6 months before you can file . Unless you tell a white lie on the papers If that was the case you were a part for at least 6 months and however many months before you file for the K1 . You were together for 11 years I do not think USCIS or US embassy will question the prior marriage . As far for the age difference from what I understand of the Filipino culture they accept the large age gaps . It's good to prepare for what you may feel is a red flag . Best to be ready for anything if filing for any visa you choose to go for . You have made the first excellent choice already coming here . Many helpful and a lot of people with a vast knowledge .

Feel free to add me to your friends list . I have just about the same situation as you . I can share our journey with you as it may help you .

Be sure to read all the guides here for the choice you make as they are very helpful . And a very big welcome to VJ !

Edited June 3, 2013 by julitathomas0810

[MB & Rap 0]

well i dont think age difference is an issue coz am ugandan(female) and ma husband is an american ,but i met him in Nov 2011 in person that everything happened for the first time ,i picked him from the airport in the nite at 1am and i got to know ma boo thru mutual friends who were workin wit him in Iraq and those mutual friends i was studying with them in school when they were still in uganda before gettin jobs in Iraq, Ma boo is such a darling coz i had always wanted to settle down wit a man where by we all love n respect the other but i was always in the worst relationships of being hurt .Then when ma hubby came to uganda in 2011 we stayed together for a month n he left in December 2011 where by he proposed to me on his birthday n i was the happiest person ever n remember i was 23yrs by then n he was 47yrs n i had said to ma self no dating young men coz they are problems so ma mind was focused on an older man n trust me when i met ma boo i was ready for everything n age was not ma worry ,we got married on 15 june 2012 n am so happy we makin a year this month and unfortunately thats the day am travelling to go for ma interview to nairobi coz i applied for the spousal visa(CR-1) . We have travelled wit ma boo to different countries ,and i talk to his family so much and he has a son where by me n the son are close we communicate and talk to the other when we have something bothering us and i love it when he says Hello mum( smiles) well i wanted ma son to come visit Africa coz he has never visited Africa before but ma interview is on is this month n once i get ma visa ma boo wants me to just leave africa n go to his him ,well ma hubby has visited uganda four times since we started dating ,we have lots of pix together n all evidence so let the age issue not bother u at all coz the only thing u need to do at the interview wen they ask u about the age is u need to speak out your soul why u love him n why u married n u got to prove to CO that yo man is heaven sent(lol) but anyway just prove to them u love him. cheers

[geff44 30]

Thanks for the advice. When I filed the divorce it was due to irreconcilable differences. As per the County clerk we don't have to have been separated for 6 months to file for this kind of divorce. The only requirement are either one of the spouse needs to be residing in NJ for the last 12 months consecutively and the irreconcilable differences has been on going for 6 months or more.

[julitathomas0810 30]

Thanks for the advice. When I filed the divorce it was due to irreconcilable differences. As per the County clerk we don't have to have been separated for 6 months to file for this kind of divorce. The only requirement are either one of the spouse needs to be residing in NJ for the last 12 months consecutively and the irreconcilable differences has been on going for 6 months or more.

Perhaps your county was different . Union was 6 months waiting period . Plus the huge backlog they had . My divorce was final on Feb 11th and filed K1 well sent Feb 12th . I could not wait red flag or not LOL We are confident and that will show with our petition and our proof provided .

Our prayers will be with you on your journey

God Bless

[Tahoma 2,298]

You shouldn't have any problem with the age gap at the U.S. Embassy Manila.

As for the rest of your story, if your fiancée knows all of the details, she won't have a problem at her Embassy interview.

The only place your fiancée may encounter problems is during the CFO seminar. Make sure she knows all the details about you and your ex-wife, and make sure she brings along a copy of your divorce papers.

[geff44 30]

You shouldn't have any problem with the age gap at the U.S. Embassy Manila.

As for the rest of your story, if your fiancée knows all of the details, she won't have a problem at her Embassy interview.

The only place your fiancée may encounter problems is during the CFO seminar. Make sure she knows all the details about you and your ex-wife, and make sure she brings along a copy of your divorce papers.

What is the CFO seminar?

[julitathomas0810 30]

What is the CFO seminar?

Commission of Filipinos Overseas

http://www.cfo.gov.ph/

[geff44 30]

Commission of Filipinos Overseas

http://www.cfo.gov.ph/

Thanks