K1 Application After Divorce??

[ggnutz 1]

Hi All.. new here. I might be asking this question to late and its a bit of convuluted matter so I apologize in advance.

I'm a USC who got divorced in February 2014 in NJ for irreconciable differences. A week later I filed a K1 petition for my boyfriend in Domican Rep whom I met in 2011 while i was still married. I was previously married to an illegal immigrant for almost 10 years. We married in 2004 and in 2007 I filed an I-130 Immigration Petition for him. We had waited because he wanted to prove to my family he wasn't using me for papers. He then got picked up by ICE, released to me (USC spouse) and we filed I130 in 2007 while his deportation hearing was pending. I130 was approved in December 2010, however his I-485 petition had been pending until the time of our divorce due USCIS losing his file for 2 years, USCIS denying I was a USC even though I had applied for a US passport as a minor with derived citizenship from parents. I had to re-file for N400, waited almost 2 years for USCIS to make a decision and then was granted (re-granted??) citizenship in August 2013. Since mid 2011 my ex and I had been having a lot of problems, I travel alot out of the country due to my work and he couldnt join me.We had a strained relationship and I left him several times. We would reconcile due to family pressures and my guilt of leaving him out of status. In Sept 2013 he filed a waiver and I think refiled I485 even though I was really checked out of the marriage. We did try having a baby and put this in the waiver but I really wasn't into it, it was a desperate attempt on his part to save marriage. During 2012-2013 I made monthly trips to the DR and I was falling in love with my now boyfriend. I was leading a double life and I just wanted out of my marriage. Finally in October 2013, I made the decision to completely end it all and file for divorce. I filed uncontested in Dec 2013 and was granted in Feb 2014. In Dec 2013, I also sent a letter to USCIS withdrawing my I-130 Petition, Affidavit of Support, Waiver and anything else filed on behalf of my ex. As of the date of our divorce, his deporatation hearing was still pending and he had not received any notices regading his I485 or the waiver. I explained all of this in my K1 application, bascially admitted to having an extramarital affair. We have plenty of evidence since I visit my boyfriend on a monthly basis: passport stamps, photos, family pics, we travled to Peru, Trinidad and Colombia together, etc. In 2012, my boyfriend had a applied 2x for a student visa to take English courses at Rutgers as he later wanted to attend their Engineering program. This was denied because consul didn't feel he had sufficient ties to his country. He is now enrolled in an English institute in DR for last 8 months. I'm am 8 years older than him.(not sure if they look at this?) My question is, will all of the above affect my K1 application? I'm sure my case will be scrutized closely but I just want some input. Not looking for judgement.. I know extramarital affairs aren't the way to go but that's life, it happens sometimes. Thanks!

[FlyingPhoenix 4]

It's tough say really what USCIS will think of your situation, I think you said you have already filed for your boyfriend and you explained here you have been together a while already so that's understandable, I would just say you have to be prepared for scrutiny, because you filed so soon after getting your divorce and they might be suspicious of your relationship from the start.

There is also the issue of you marrying an illegal immigrant, that and you having an affair are probably things that may look suspicious or immigration may not look kindly on.

The age isn't usually an issue, me and my fiancé have a 13 year age gap, him being older than me and all we have left is our interview.

As I said it's really hard to determine whether your circumstances will be a problem because although they are tough with immigration, if enough evidence is provided that you have a genuine relationship then you might be okay. If you hadn't already filed, I would have recommended using a lawyer because they can be a real help with your kinds of cases.

[ggnutz 1]

Since my ex never derived legal status from me, we decided not to use a lawyer upfront unless issues arose. We filed in Feb 2014 and we are still waiting. Received NOA1 and A# assignment but nothing else yet. I'll keep my fingers crossed... thanks!

It's tough say really what USCIS will think of your situation, I think you said you have already filed for your boyfriend and you explained here you have been together a while already so that's understandable, I would just say you have to be prepared for scrutiny, because you filed so soon after getting your divorce and they might be suspicious of your relationship from the start.

There is also the issue of you marrying an illegal immigrant, that and you having an affair are probably things that may look suspicious or immigration may not look kindly on.

The age isn't usually an issue, me and my fiancé have a 13 year age gap, him being older than me and all we have left is our interview.

As I said it's really hard to determine whether your circumstances will be a problem because although they are tough with immigration, if enough evidence is provided that you have a genuine relationship then you might be okay. If you hadn't already filed, I would have recommended using a lawyer because they can be a real help with your kinds of cases.

[MRS.MONTILLA 4]

Well in my opinion as far as the paperwork goes all u need to get ur k1 application approved is provide proof of bonifide relationship and include the documents they request for and wait it out till ur app gets approved n then wait for ur cita. Si dios quiere.

the paperwork process is easy its going to be the cita that will determine u being united with ur love or not. As long as its genuine u shldnt have isues and the questions they ask at the cita will be a piece of cake if u know one another like u should. Just b ready to explain urself if asked.

[Papetica09 16]

Hi All.. new here. I might be asking this question to late and its a bit of convuluted matter so I apologize in advance.

I'm a USC who got divorced in February 2014 in NJ for irreconciable differences. A week later I filed a K1 petition for my boyfriend in Domican Rep whom I met in 2011 while i was still married. I was previously married to an illegal immigrant for almost 10 years. We married in 2004 and in 2007 I filed an I-130 Immigration Petition for him. We had waited because he wanted to prove to my family he wasn't using me for papers. He then got picked up by ICE, released to me (USC spouse) and we filed I130 in 2007 while his deportation hearing was pending. I130 was approved in December 2010, however his I-485 petition had been pending until the time of our divorce due USCIS losing his file for 2 years, USCIS denying I was a USC even though I had applied for a US passport as a minor with derived citizenship from parents. I had to re-file for N400, waited almost 2 years for USCIS to make a decision and then was granted (re-granted??) citizenship in August 2013. Since mid 2011 my ex and I had been having a lot of problems, I travel alot out of the country due to my work and he couldnt join me.We had a strained relationship and I left him several times. We would reconcile due to family pressures and my guilt of leaving him out of status. In Sept 2013 he filed a waiver and I think refiled I485 even though I was really checked out of the marriage. We did try having a baby and put this in the waiver but I really wasn't into it, it was a desperate attempt on his part to save marriage. During 2012-2013 I made monthly trips to the DR and I was falling in love with my now boyfriend. I was leading a double life and I just wanted out of my marriage. Finally in October 2013, I made the decision to completely end it all and file for divorce. I filed uncontested in Dec 2013 and was granted in Feb 2014. In Dec 2013, I also sent a letter to USCIS withdrawing my I-130 Petition, Affidavit of Support, Waiver and anything else filed on behalf of my ex. As of the date of our divorce, his deporatation hearing was still pending and he had not received any notices regading his I485 or the waiver. I explained all of this in my K1 application, bascially admitted to having an extramarital affair. We have plenty of evidence since I visit my boyfriend on a monthly basis: passport stamps, photos, family pics, we travled to Peru, Trinidad and Colombia together, etc. In 2012, my boyfriend had a applied 2x for a student visa to take English courses at Rutgers as he later wanted to attend their Engineering program. This was denied because consul didn't feel he had sufficient ties to his country. He is now enrolled in an English institute in DR for last 8 months. I'm am 8 years older than him.(not sure if they look at this?) My question is, will all of the above affect my K1 application? I'm sure my case will be scrutized closely but I just want some input. Not looking for judgement.. I know extramarital affairs aren't the way to go but that's life, it happens sometimes. Thanks!

Hello! Welcome to VJ! You said you sent a a letter withdrawing your petition for your ex-husband. Did you received confirmation of that being canceled before you submitted you K-1? Even thought it's 2 diferent process and your initial petition will be void due to your divorce any ways, the only thing I see is that if it is not canceled they will find 2 petitions from the same petitioner. If you sent your package on Feb24 you should of gotten an answer by now for sure. Have you called to find out the status? Have they received it?

[ggnutz 1]

Thanks I sent the w/drawal letter via certified mail to USCIS and they received it but never replied. When I filed the K1 petition, I included a copy of the letter and the Cerified Mail receipt. I included my divorce decree and all evidence. I filed K1 petition on 2/19 and I received a NOA1 from TSC dated 2/21/14. I have not called to find out status yet since USCIS states they are processing at approxiamtely 5 months. I figured I would wait til early July to call if i don't receive anything.

Hello! Welcome to VJ! You said you sent a a letter withdrawing your petition for your ex-husband. Did you received confirmation of that being canceled before you submitted you K-1? Even thought it's 2 diferent process and your initial petition will be void due to your divorce any ways, the only thing I see is that if it is not canceled they will find 2 petitions from the same petitioner. If you sent your package on Feb24 you should of gotten an answer by now for sure. Have you called to find out the status? Have they received it?

[Papetica09 16]

Thanks I sent the w/drawal letter via certified mail to USCIS and they received it but never replied. When I filed the K1 petition, I included a copy of the letter and the Cerified Mail receipt. I included my divorce decree and all evidence. I filed K1 petition on 2/19 and I received a NOA1 from TSC dated 2/21/14. I have not called to find out status yet since USCIS states they are processing at approxiamtely 5 months. I figured I would wait til early July to call if i don't receive anything.

Ok, thought you said you have not received any notice as of yet... Yes it will take approximately 5months for NOA2.

Good luck to you!

[Aztec&Taino 144]

As you might already know, the Santo Domingo consulate is considered high fraud and, because of this, people interviewing there are at a higher scrutiny anway. In regards to your case, there are several red flags that you pointed to in your original post:

- Previous marriage to alien and pending petition with now ex-husband (call USCIS to make sure they have received and acknowledged your cancellation of petition. Your should have proof of such withdrawal of petition).

- Starting a relationship with fiance while still married and how soon fiance petition was filed after divorce.

- Age difference (particularly since USC is female and older).

- Previous two attempts by fiance to obtain visa to come to the USA.

To me, all together, this makes for a difficult case and an almost certain stokes-style interview at Santo Domingo. Regarding the first point, however, it would be of the utmost importance that the pending case in which you were the petitioner is terminated because otherwise the fiance petition might be denied before even reaching the interview point, or worse, be denied at the point of the interview because of the other pending petition (months of waiting wasted!). I think that your situation is certainly complicated enough to merit the advice of an experienced immigration attorney (particularly helpful if such attorney has experience in dealing with the Santo Domingo consulate and cases similar to yours).

Best wishes!

[LA NEGRA 19]

ggnutz please keep ME Posted on your outcome.... I'm also trying to petition right after my divorce, I'm older then my fiance even thou I look younger then him. And I had a k-1before approved but never AOS.

Edited June 1, 2014 by LA NEGRA

[ggnutz 1]

Thank you for your feed back. I did notify USCIS of my pending divorce via Certified Mail and, while they did recieve it, they have not acknowledged the letter. I notified them when I filed and I'm assuming the petition is automatically terminated upon divorce. I also included by divorce cert and Proof of notifying UCIS in my K1 petition. We have decided not to retain a lawyer unless we are denied K1 or problems arise. If we do have a stokes-style interview, I am confident that we will pass it. We have known each other for 2.5 years, traveled to 3 countries together, have tons of pictures, I go to DR every month and stay with him, I've spent every major holiday with him and he met my siblings, cousins and keeps in contact with my friends and family. I'm hoping that all goes well.. thanks again!

[ggnutz 1]

Hi, I will defintely post updates here and notify you of any issues. A little more background: I'm 35 and my fiance is 28yrs. I met him 2.5 years during a work trip to DR. Due to my age and living in the US, I am more established than him (financially/educational) but he's 2 yrs into an Engineering program and has been in an English institute for the last 8 months. He applied for a student visa 2 times in 2012 because he wants to apply to an engineering program here. This was at my urging since I work for a chemical company and was hoping he could apply for an internship with my company.

Anyway, good luck to you as well!! Keep me posted with any news too.

ggnutz please keep ME Posted on your outcome.... I'm also trying to petition right after my divorce, I'm older then my fiance even thou I look younger then him. And I had a k-1before approved but never AOS.

[LA NEGRA 19]

ANY UPDATES ON THIS CASE ?????

[ggnutz 1]

ANY UPDATES ON THIS CASE ?????[/quote

Just got approved at 830pm Est!!!