i got engaged overseas while i was married in America and i had my green card

[Alijan 0]

i went to afghanistan a few months ago and then i got engaged on september 2013 in afghanistan while i was married in America and was waiting for my citizenship and then i got my citizenship on january 2014 and now i dirovreced my wife a few days ago so can i file for my fiancee in afghanistan or do i have to visit her again and then do engagement party everything once more and also i dont have money to travel again any suggestion any help

[Noura_914 47]

You will not have an easy time. I can almost guarantee that uscis will see you as having used your ex for citizenship only to divorce her and marry someone from your home country...especially since you got engaged before the divorce with your citizenship pending approval, then as soon as you receive citizenship you file for divorce from your wife and now immediately want to file for your new fiancée. Plus, USCIS wants valid marriages and proof of relationship...how long have you know her, been with her, how often you talk, etc.

[LibCampFireClub 635]

i went to afghanistan a few months ago and then i got engaged on september 2013 in afghanistan while i was married in America and was waiting for my citizenship and then i got my citizenship on january 2014 and now i dirovreced my wife a few days ago so can i file for my fiancee in afghanistan or do i have to visit her again and then do engagement party everything once more and also i dont have money to travel again any suggestion any help

There is no legal requirement that you must be single when you first meet. The requirement is to have met within the previous two years, and that as of the date of filing for K1 that you are legally free to marry. Avoid engagement parties and celebrations as they may be viewed as a marriage. Present only the evidence of having met face to face.

[Alijan 0]

so you want me wait alittle and also in the next few months can i take a trip to afghanistan and then re engaged and then bring proofs and then file for my fiancee after everything is finished now with my ex wife i have divorce certificate my passport citizenship

[Alijan 0]

expat so you mean i can file for her right since i met her in afghanistan i really liked her and now we talk everyday my family is happy her family is happy i had engagement party pictures while i was in afghanistan 6 months ago, also my trip s ticket, copy

[Noura_914 47]

There is no legal requirement that you must be single when you first meet. The requirement is to have met within the previous two years, and that as of the date of filing for K1 that you are legally free to marry. Avoid engagement parties and celebrations as they may be viewed as a marriage. Present only the evidence of having met face to face.

There is no 'legal' requirement, but he will most certainly have a difficult time...which is all I was saying. In his K1 petition he will have to show his divorce documents, plus his engagement which was prior to divorce and right at the time he was getting citizenship...plus Afghanistan is a high-fraud country. USCIS will take their time reviewing this to make sure it's not a fraudulent relationship.

He also hasn't shared any information other than he's engaged. Alijan, if you have significant proof of your relationship with the fiancée and its valid, you should not worry and go ahead and file. If you're speaking in terms of technicality, USCIS only "requires" you having met in person and been face to face one time within the last 2 years, which according to you was September 2013, so good luck to you. inshaAllah it will work out.

[LibCampFireClub 635]

expat so you mean i can file for her right since i met her in afghanistan i really liked her and now we talk everyday my family is happy her family is happy i had engagement party pictures while i was in afghanistan 6 months ago, also my trip s ticket, copy

Avoid talking about getting engaged. It's not necessary to be engaged when you file for K1. This may sound a little confusing, but again it's only important to present the facts and evidence of having met face to face in the previous two years. If you decide to file for K1, then you both must submit a letter that you intend to marry within 90-days of entry to the US. The first step is to get your K1 approved by the USCIS.

http://www.visajourney.com/content/k1guide

[LibCampFireClub 635]

There is no 'legal' requirement, but he will most certainly have a difficult time...which is all I was saying. In his K1 petition he will have to show his divorce documents, plus his engagement which was prior to divorce and right at the time he was getting citizenship...plus Afghanistan is a high-fraud country. USCIS will take their time reviewing this to make sure it's not a fraudulent relationship.

He also hasn't shared any information other than he's engaged. Alijan, if you have significant proof of your relationship with the fiancée and its valid, you should not worry and go ahead and file. If you're speaking in terms of technicality, USCIS only "requires" you having met in person and been face to face one time within the last 2 years, which according to you was September 2013, so good luck to you. inshaAllah it will work out.

You're a little confused as to the legal requirements of the USCIS regarding Fiance Visa. Again, all that's necessary is to prove you are free to marry as of the date of filing for K1. There is no problem meeting someone face to face when you are still married. That is not even a consideration. The OP should avoid mentioning getting engaged while they were still married.

[Noura_914 47]

I'm confused?

Afghanistan is among a list of high fraud countries. US Embassies specifically warn against this exact situation. My only point is that they will go through his file VERY CAREFULLY because of his timeline. I'm not saying that he's ineligible to apply for a K1...my point from the beginning stands: it will look bad to USCIS. Meeting someone face to face is not a consideration by USCIS if you get engaged while still married? It absolutely is. It is common knowledge that USCIS and the immigration system as a whole has no real standard they follow - they approve some petitions and deny others with identical profiles. Your petition is more or less dependent on what kind of mood the person reviewing your file is in. If you think someone over there will look at this file and not question this as possibly being fraud, then excuse me, I believe you are the one who is "confused" about this process.

Although I am new to this site, I am not, by any stretch of the imagination, new to the Immigration system in the US. This is a dance I have been doing for literally 7 years. I am not confused at all. Additionally you're telling him to avoid having a party as it could look bad to USCIS. I'm amazed that you are concerned about him having an engagement party (something that is common culturally speaking) but not concerned that he divorced his wife immediately upon receiving citizenship and then turns around and barely skips a beat before getting engaged to someone from his home country ... a situation that US Embassies in several countries in that region specifically warn about. I'm curious as to why they'd be up in arms over an engagement party that could be viewed as a marriage, but not even bat an eye over the fact he divorced his wife upon receiving citizenship and then immediately files for a fiancee from his home country.

I'm not saying it's fraud at all ... I have no idea, nor am I one to pass judgement, my only advice was to be open and honest, provide all the proof of relationship there is (calls, video chats, emails, messages, texts, airline tickets, photos, etc.) and to be prepared for a longer battle because of the extra scrutiny they will pay to his petition. You have to go through the same process as everyone else. I suggest you take a look at a K1 thread if thats the route you will take. Good luck.

[LibCampFireClub 635]

To the OP. Remember, there are two major phases of the K1 process. During the initial submission of the application, the USCIS will initiate background checks on both the petitioner and beneficiary. They will also look at the evidence to see whether you are both free to marry as of the date of filing. For this you must submit evidence of divorce using a copy of the divorce decree, or certified certificate of divorce. After the petition is approved it will move to the second stage of the process, which requires more detail about the beneficiary.

Second stage after approval

As another poster passionately commented, countries like Afghanistan will receive more scrutiny that other countries due to a high-incidence of fraud and US national security. For this reason it will be very important for you to carefully document the evolution of your relationship. You must show that you maintain contact and provide evidence in the form of phone records, photos, receipts, email, and so on. Just knowing something in your heart is not evidence enough. Focus on how your relationship has evolved since the date of your divorce.

[KayDeeCee 4,891]

Whether or not to provide evidence of an engagement party would be for the K-1 visa interview, and would depend on what is culturally normal for that country.

Getting the I-129F petition approved only requires that you are both free to marry at the time of filing and that you have been together in person within the 2 years prior to filing. Getting the petition approved is not really a challenge. It should not be forgotten that following the I-129F petition, the foreign fiance(e) will apply for a K-1 visa at the consulate in their country. The K-1 visa interview is where the relationship will be vetted and the CO will look at their case and decide if they have a real relationship or one that is just for immigration purposes only.

They will need to have plenty of proof to show that they did not simply get their US citizenship so they could bring over someone else from their country. The COs know all about how that works and watch out for things like that. The poster above that talks about extra scrutiny is absolutely correct. They should be aware of that and be prepared for it. I suggest the OP does some reading in the Middle East and North Africa(MENA) regional forum in order to prepare for the K-1 visa interview to come.

[rhein 451]

i went to afghanistan a few months ago and then i got engaged on september 2013 in afghanistan while i was married in America and was waiting for my citizenship and then i got my citizenship on january 2014 and now i dirovreced my wife a few days ago so can i file for my fiancee in afghanistan or do i have to visit her again and then do engagement party everything once more and also i dont have money to travel again any suggestion any help

Sounds to me like you engaged in fraud by marrying a U.S. citizen, then divorcing her right after you got citizenship. Citizenship can be revoked if it was obtained fraudulently.

[Gwapo1ako 14]

Sounds like the US immigration system and maybe the USC (unless the USC was in on it) got used

[Ilovemyman 147]

Sounds like the US immigration system and maybe the USC (unless the USC was in on it) got used

I agree with you.

Many time people do, sometime they use the usc to travel to usa , and sometime they pay to someone to get marry to go to usa.

I smell that here.

[Avery Cates 1,141]

i went to afghanistan a few months ago and then i got engaged on september 2013 in afghanistan while i was married in America and was waiting for my citizenship and then i got my citizenship on january 2014 and now i dirovreced my wife a few days ago so can i file for my fiancee in afghanistan or do i have to visit her again and then do engagement party everything once more and also i dont have money to travel again any suggestion any help

You can totally file for the K-1 now, and it will probably get approved at the USCIS stage.

The embassy stage however you will in all probability receive a well deserved denial.