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curiousvj

Second K1 Do I need to prove what happened to last spouse?

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I'm getting ready to apply for my second k1 visa for a new spouse. Previous K1 marriage failed, filed divorced with state and during the AOS process withdrew my petition for I-864 affidavit of support which was accepted. Is this a good sign that I was truthful with immigration by telling them marriage was not viable and withdrew affidavit before the decision was made on spouse AOS.

My main concern is if I have to prove that previous k1 marriage was genuine and not a sham when I send the I-129F application ?

I have told my new spouse of how my previous marriage was not viable and canceled the process and have no knowledge of if my spouse left USA. There were no abuse and police reports during the relationship. Is this something I have to prove in the K1 application or the interview officer will ask my new k1 spouse during the interview process at the consulate?

Any tips for this situation will be helpful especially for sending the I-129F application and if I need to send any documents or write any letter stating what happened with my previous k1 spouse?

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I'm getting ready to apply for my second k1 visa for a new spouse. Previous K1 marriage failed, filed divorced with state and during the AOS process withdrew my petition for I-864 affidavit of support which was accepted. Is this a good sign that I was truthful with immigration by telling them marriage was not viable and withdrew affidavit before the decision was made on spouse AOS.

My main concern is if I have to prove that previous k1 marriage was genuine and not a sham when I send the I-129F application ?

I have told my new spouse of how my previous marriage was not viable and canceled the process and have no knowledge of if my spouse left USA. There were no abuse and police reports during the relationship. Is this something I have to prove in the K1 application or the interview officer will ask my new k1 spouse during the interview process at the consulate?

Any tips for this situation will be helpful especially for sending the I-129F application and if I need to send any documents or write any letter stating what happened with my previous k1 spouse?

Regarding everything I put in bold:

  • You don't apply for a K1 visa, the beneficiary does that. You file a petition
  • If you have a spouse, then you are married and looking into the wrong type of visa
  • An I-129F is not an application form, it is a petition form.

The most important thing to clear up is this, have you and your new significant other married yet? If so, then the K1 path is not for you, you will have to pursue the spousal visa path.

Edited by Ryan H

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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When was that? First K1 petition.



USCIS [*] 22 Nov. 2011 - I-129 package sent; [*] 25 Nov. 2011 - Package delivered; [*] 25 Nov. 2011 - NOA1/petition received and routed to the California Service Center; [*] 30 Nov. 2011 - Touched/confirmation though text message and email; [*] 03 Dec. 2011 - Hard copy received; [*]24 April 2012 - NOA2 (no RFEs)/text message/email/USCIS account updated; [*] 27 April 2012 - NOA2 hard copy received.

NVC [*] 14 May 2012 - Petition received by NVC ; [*] 16 May 2012 - Petition left NVC.

EMBASSY [*] 18 May 2012 - Petition arrived at the US Embassy in Bucharest; [*] 22 May 2012 - Package 3 received; [*] 24 May 2012 - Package sent to the consulate, interview date set; [*] 14 June 2012 - Interview date, approved.

POE [*] 04 July 2012 - Minneapolis/St.Paul. [*] 16 September 2012 - Wedding Day!

AOS/EAD/AP [*] 04 February 2013 - AOS/EAD/AP package sent; [*] 07 February 2013 - AOS/EAD/AP package delivered; [*] 12 February 2013 - NOA1 text messages/emails; [*] 16 February 2013 - NOA1 received in the regular mail; [*] 28 February 2013 - Biometrics letter received (appointment date, March 8th); [*] 04 March 2013 - Biometrics walk-in completed (9 out of 10 fingerprints taken, pinky would not give in); [*] 04 April 2013 - EAD/AP card approved; [*] 11 April 2013 - Combo card sent/tracking number obtained; [*] 15 April 2013 - Card delivered.

[*] 15 May 2013 - Moved from MN to LA; [*] 17 May 2013 - Applied for a new SS card/filed an AR-11 online (unsuccessfully), therefore called and spoke to a Tier 2 and changed the address; [*] 22 May 2013 - Address updated on My Case Status (finally can see the case numbers online); [*] 28 May 2013 - Letter received in the mail confirming the change of address; [*] 31 July 2013 - Went to Romania; [*] 12 September 2013 - returned to the US using the AP, POE Houston, everything went smoothly; [*] 20 September 2013 - Spoke to a Tier2 and put in a service request; [*] 23 September 2013 - Got "Possible Interview Waiver" letter (originally sent on August, 29th to my old address, returned and re-routed to my current address); [*] 1 October 2013 - Started a new job.

event.png

Trying to get the word out about our struggles:

http://voices.yahoo.com/almost-legal-citizen-but-not-quite-12155565.html?cat=9

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Regarding everything I put in bold:

  • You don't apply for a K1 visa, the beneficiary does that. You file a petition
  • If you have a spouse, then you are married and looking into the wrong type of via
  • An I-129F is not an application form, it is a petition form.

The most important thing to clear up is this, have you and your new significant other married yet? If so, then the K1 path is not for you, you will have to pursue the spousal visa path.

sorry for the confusion, I'm in so much love that I called her spouse...she is my fiancé currently and did the engagement when I visited her.

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Just to add to the information above, if you filed the other I-129F petition within the last 2 years, then you will need a waiver, as stated in the form instructions. Otherwise, I do not believe a statement is needed. You just answer all the questions honestly and provide a copy of your divorce decree.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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I have concerns about my fiancé going to visa interview process ? Does my fiancé have to prove to the officer that my previous marriage was real by providing proof like tax returns, medical insurance ?

Edited by curiousvj

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sorry for the confusion, I'm in so much love that I called her spouse...she is my fiancé currently and did the engagement when I visited her.

The danger about refering to your fiancee as your spouse is it could lead an adjudicator at USCIS or a Consular Officer at an Embassy or Consulate to believe you are married which would result in the denial of your petition at USCIS or a denial of a K1 visa at the Embassy/Consulate.

Edited by Ryan H

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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