second time around filing for k-1 or possibly k-3

[pokernut 0]

I will be filing for a k-1 visa, or possibly a k-3 visa around april 2007

My previous wife had come over on a k-1 visa in early 2004, but she left the marriage and we are in the process of a divorce.

Should I consult an attorney, or will my case get extra scrutiny because of a previous k-1??

Also, i think my ex wife will allege abuse/violence to strengthen her case. She will have to appear before a judge for immigration. I dont think

she has to go to that extreme, i think that they let them stay, but she has chosen to listen to her wacko friends who see an "abuser" in every bush.

There are no police reports and zero evidence that abuse/domestic violence occured against her.

I do however have a misdemeanor assualt case in another matter that has been deferred and eventually removed permanently from my record.

i had to attend four classes in that case.. I could have beaten it had i gone to trial, but i took the option to save money and it will be removed

from my record anyways... I think that my ex plans to use this case against me to strengthen her case.

Im just a little irritated because I think she should just go on and file her removal of conditions and leave me out of it, but now I think I should show up at the hearing if they plan to drag me through the mud. I dont even know if I get to give my side of the story..

to make a long story short, i dont want all this junk to affect my new visa application and I am wondering if I should just go to the P.I. and get married there.

Does anyone know if being married first is a more sure way of bringing your wife over here to the USA???

so thats about all on this... what do you think???

Edited December 26, 2006 by pokernut

[payxibka 10,044]

I will be filing for a k-1 visa, or possibly a k-3 visa around april 2007

My previous wife had come over on a k-1 visa in early 2004, but she left the marriage and we are in the process of a divorce.

Should I consult an attorney, or will my case get extra scrutiny because of a previous k-1??

Also, i think my ex wife will allege abuse/violence to strengthen her case. She will have to appear before a judge for immigration. I dont think she has to go to that extreme, i think that they let them stay, but she has chosen to listen to her wacko friends who see an "abuser" in every bush.

There are no police reports and zero evidence that abuse/domestic violence occured against her.

I do however have a misdemeanor assualt case in another matter that has been deferred and eventually removed permanently from my record. i had to attend four classes in that case.. I could have beaten it had i gone to trial, but i took the option to save money and it will be removed from my record anyways... I think that my ex plans to use this case against me to strengthen her case.

Im just a little irritated because I think she should just go on and file her removal of conditions and leave me out of it, but now I think I should show up at the hearing if they plan to drag me through the mud. I dont even know if I get to give my side of the story..

to make a long story short, i dont want all this junk to affect my new visa application and I am wondering if I should just go to the P.I. and get married there. Does anyone know if being married first is a more sure way of bringing your wife over here to the USA???

so thats about all on this... what do you think???

Both K-1 and K-3 are now subjected to the effects of the provisions contained as a part of recent enactment of VAWA (provisions commonly referred to as IMBRA). Educate yourself on this. Will it have an affect on your petition? Yes. Will it be devastating and/or fatal to a succesful petition? Probably not but we do not know the entire facts and circumstances of your situation so an initial consultation might be the best course of action.

Edited December 26, 2006 by fwaguy

[pokernut 0]

thanks for pointing out the info ..

this is what the application says ........ and i have not been convicted on any of the below described crimes...and it also says that if you have 2 or more visa approvals or the last approval was within 2 years you have to ask for a special waiver... so i have one prior approval and that was three years ago, so it looks like im okay. I will let you know how it comes along..

Have you ever been convicted by a court of law (civil or criminal) or court martialed by a military tribunal for any of thefollowing crimes. This is required even if your records were sealed or otherwise cleared or if anyone, including a judge, lawenforcement officer, or attorney, told you that you no longer have a record. (Check all that apply. Using a separate sheet(s) ofpaper, attach information relating to the conviction(s), such as crime involved, date of conviction and sentence.)

Domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse and stalking.

Homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking, peonage,holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment oran attempt to commit any of these crimes.

Three or more convictions for crimes relating to a controlled substance or alcohol not arising from a single act.

I will be filing for a k-1 visa, or possibly a k-3 visa around april 2007

My previous wife had come over on a k-1 visa in early 2004, but she left the marriage and we are in the process of a divorce.

Should I consult an attorney, or will my case get extra scrutiny because of a previous k-1??

Also, i think my ex wife will allege abuse/violence to strengthen her case. She will have to appear before a judge for immigration. I dont think she has to go to that extreme, i think that they let them stay, but she has chosen to listen to her wacko friends who see an "abuser" in every bush.

There are no police reports and zero evidence that abuse/domestic violence occured against her.

I do however have a misdemeanor assualt case in another matter that has been deferred and eventually removed permanently from my record. i had to attend four classes in that case.. I could have beaten it had i gone to trial, but i took the option to save money and it will be removed from my record anyways... I think that my ex plans to use this case against me to strengthen her case.

Im just a little irritated because I think she should just go on and file her removal of conditions and leave me out of it, but now I think I should show up at the hearing if they plan to drag me through the mud. I dont even know if I get to give my side of the story..

to make a long story short, i dont want all this junk to affect my new visa application and I am wondering if I should just go to the P.I. and get married there. Does anyone know if being married first is a more sure way of bringing your wife over here to the USA???

so thats about all on this... what do you think???

Both K-1 and K-3 are now subjected to the effects of the provisions contained as a part of recent enactment of VAWA (provisions commonly referred to as IMBRA). Educate yourself on this. Will it have an affect on your petition? Yes. Will it be devastating and/or fatal to a succesful petition? Probably not but we do not know the entire facts and circumstances of your situation so an initial consultation might be the best course of action.