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raven52

Could be difficult K-1 visa (I129), need your advice!

By raven52 in K-1 Fiance(e) Visa Process & Procedures

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raven52 Proficient

raven52   234

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
Posted

Hello, fellow VJers, and I will try to explain this in as few words as possible, as I am a mere novie on this site, but I retain all the knowledge I can, reading the site.

My very good friend, who took me to the Philippines the first time, has had his marriage to a Filipino come to an end. Thankfully, my wife and I have a wonderful marriage, so I feel I owe him so much that I would try to get the correct answers, so here goes!

- Married about 1 year here in the USA, she left him and went back to Cebu last week of August 2013.

- She stayed gone and did not come back to the USA until April 30th 2014, at which time they did not co-habitate under one roof, or spend a night together, as it was widely know she took her maiden name back, left the Phils. to go to China with a man from Austria. All of this has been admitted.

- She signed a no-contest divorce in front of witneses, (notarized) and before a respected attorney here in South Carolina. That date was May 10 of this year.

- In the legal paperwork in the divorce, she admitted to multiple acts of adultry, and leaving her husband for an extended period of time.

- In the state of South Carolina you must be living apart 1 year and agree to all terms between the two parties, and the judge will sign the divorce. If adultry can be proved (in this case, was sworn to by the to be ex-wife) a divorce can be granted in 90 days, that is being pursued at this time.

- So, she left her husband last week of August 2013, came back, picked up remaining belongs, and left again, May 2014.

- Now the questions, I know the number 1 thing for a K-1 is "Free to marry".,.,.,so when can my friend put dates on his application? Probably the day the divorce is signed by the judge. Or, can a different date be used, due to the circumstances.

- My friend has been communicating with another woman in Cebu, for a few weeks, and he plans to travel there the first week of August for the ""face to face meeting"".,.,meeting the family, pictures, and just proving a strong relationship.

- The same visa company that did my paper work in Cebu will prepare his K-1 visa packet, just as they did mine. CAN THEY DATE IT, or will he have to bring the packet back to the USA and wait until he has a final divorce decree?

- This is the biggest concern, when can he date the K-1 if he travels there in early August, and returns mid-to late August, which will be time for his divorce to be final, AFTER he establishes his relationship with the lady that both of them seem to be ready to do?

Please, I owe this man so much, and advice would be so much appreciated!

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KayDeeCee Grand Master

KayDeeCee   4,900

Posted
Filed: Citizen (apr) Country: Mexico
 Timeline
  • Popular Post
Posted

Have your friend read the I-129F instructions. You already stated it, so you already know, you both must be free to marry at the time the petition is filed. You must provide a copy of the divorce decree with the petition.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

S-C Enthusiast

S-C   21

Posted
Filed: K-1 Visa Country: United Kingdom
 Timeline
Posted

The date on the K1 can not be before the finalisation of the divorce. Therefore, it's a good idea to wait to have the certificate in hand before starting the process, so the exact date is known. You don't want to have it come back and bite you in the rear later.

I don't mean to sound judgmental with this comment, but you said he had been talking to a new girl "for a couple of weeks" and already wants to marry her? Prior to meeting her? And the trip is to prove a strong relationship? Personally I know nothing about the embassy in the Fils, but if he was already married to one Filapina and the marriage broke down, and he is petitioning for another after such a short period of time, it may not look good come interview time.

But hey, if he knows he knows.

04/15/2014 - Filed I129-F

04/22/2014 - NOA 1 received (TSC)

08/11/2014 - Notice of transfer received (CSC)

09/18/2014 - NOA 2 received

11/12/2014 - Interview Date (approved)

12/01/2014 - US Arrival Date

12/10/2014 - Married

02/05/2014 - AOS Filed

02/28/2015 - Notified of Request for Initial Evidence

03/10/2015 - Sent Requested Evidence

04/03/2015 - EAD and Advanced Parole Approved

DarkKiss Community Regular

DarkKiss   45

Posted
Filed: IR-5 Country: Peru
 Timeline
Posted

From my personal experience, please ensure that the State of South Carolina allows one to marry soon after the divorce. In my case, Texas has a 30 day waiting period after divorce before person is declared legally free to remarry. I filed my I129F twelve days after my divorce, and after some discussion and advice from fellow VJers, I elected to cancel that petition and resubmit a new petition after the 30 days had passed. I Lost $340 and close to six weeks of processing, so just be cautious. The important thing is, At the time you file the I129F "You must be legally free to marry by the sate laws of South Carolina". Please check the State Divorce Laws for your state before you file :)

Visa Timeline

Filed on I130 12/19/2021

R’cd NOA 1- 12/19/2021, Assigned - Nebraska Service Center

 


 

Zedayn Experienced

Zedayn   486

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted

He needs to be free to marry before sending in the petition. If his divorce is final at the end of August, then you wait till the end of August to send the petition. He can have a relationship before the divorce is final, but he cannot file a petition for her until the divorce is final. The final divorce decree, with date of divorce and signed by the judge, is required for the petition.

K-1
NOA1: 04/08/2014; NOA2: 04/21/2014; Visa interview, approved: 07/15/2014; POE: 07/25/2014; Marriage: 09/05/2014

 

AOS

NOA1:  09/12/2014;  Biometrics:  10/06/2014;  EAD/AP Received:  11/26/2014;  Interview Waiver Letter:  01/02/2015;  

RFE:  07/09/2015;  Permanent Residency Granted:  07/27/2015;  Green card Received:  08/22/2015

 

ROC

NOA1:  05/24/2017;  Biometrics:  06/13/2017;  Approved without interview:  09/05/2018;  10 Yr Green card Received:  09/13/2018

 

Naturalization

08/09/2020 -- Filed N-400 online

08/09/2020 -- NOA1 date

08/11/2020 -- NOA1 received in the mail

12/30/2020 -- Received notice online that an interview was scheduled

02/11/2021 -- Interview

Zedayn Experienced

Zedayn   486

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted (edited)

Did I read that right? He has not met her yet? You need proof of meeting with the intital filing.

- This is the biggest concern, when can he date the K-1 if he travels there in early August, and returns mid-to late August, which will be time for his divorce to be final, AFTER he establishes his relationship with the lady that both of them seem to be ready to do?

From what I read, he has plans (or is thinking about plans) to travel in August.

Edited by Zedayn

K-1
NOA1: 04/08/2014; NOA2: 04/21/2014; Visa interview, approved: 07/15/2014; POE: 07/25/2014; Marriage: 09/05/2014

 

AOS

NOA1:  09/12/2014;  Biometrics:  10/06/2014;  EAD/AP Received:  11/26/2014;  Interview Waiver Letter:  01/02/2015;  

RFE:  07/09/2015;  Permanent Residency Granted:  07/27/2015;  Green card Received:  08/22/2015

 

ROC

NOA1:  05/24/2017;  Biometrics:  06/13/2017;  Approved without interview:  09/05/2018;  10 Yr Green card Received:  09/13/2018

 

Naturalization

08/09/2020 -- Filed N-400 online

08/09/2020 -- NOA1 date

08/11/2020 -- NOA1 received in the mail

12/30/2020 -- Received notice online that an interview was scheduled

02/11/2021 -- Interview

altonbebe Enthusiast

altonbebe   48

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
Posted

Wait a moment....slow down the boat here.

Your telling me he just got out of a marriage and is now getting right back into one with no time span in between.

Sounds like your freind needs to take a breather for about a year or so to "heal"

Is future marriage is almost guaranteed to fail.

Please keep in mind that some dates are only known after receipt of another document.
For example, the USPS Form 3811. The stamped receiving date was not know until the original Form 3811 was received on 07/13/2013 1:30 p/m CST.

07/05/2013 3:07 p/m CST I-129F pouch tendered to United States Postal Service in Houston, TX
07/09/2013 UNKNWN USPS Form 3811 / Signiture Receipt Card / Stamped and Received at USCIS Dallas Lockbox *
07/09/2013 UNKNWN USCIS / WEB SITE / receives petition and mails notice
07/12/2013 UNKNWN I-129F Check Presented to bank for payment
07/12/2013 2:51 p/m CST Text Message Received / G-1145 / I-129F Form / VSC - Documents sent to VSC
07/12/2013 2:51 p/m CST Email Received Received / G-1145 / I-129F Form / VSC - Documents sent to VSC
07/12/2013 UNKNWN I-129F Check coverted to ACH Payment to USCIS DALLAS PAYMENT
07/13/2013 1:30 p/m CST USPS Form 3811 / Signiture Receipt (GREEN) Card received from USCIS Dallas Lockbox *
07/13/2013 4:24 p/m CST USCIS / WEB SITE / Set up user account to track case status / https://egov.uscis.gov/cris/logon.do
07/15/2013 4:24 p/m CST USCIS / WEB SITE / Indicates "ACCEPTANCE"
07/16/2013 7:30 p/m CST USCIS / WEB SITE / Log in to check site / Indicates "INITIAL REVIEW"
07/17/2013 UNKNWN I-797C, Notice of Action (NOA1) / Received in mail today. (Notice Date : 07/11/2013, VSC) (Stamp date on envelope : 07/15/13)

* Advising case has been opened.
07/18/2013 8:31 p/m CST Email Received / USCIS / Advising Alien Registration Number has been changed
07/18/2013 8:35 p/m CST Text Message Received / USCIS / Advising "My Case Status" has been updated at www.uscis.gov
07/18/2013 8:31 p/m CST Email Received / USCIS / Advising Alien Registration Number has been changed
07/18/2013 8:35 p/m CST Text Message Received / USCIS / Advising "My Case Status" has been updated at www.uscis.gov

08/07/2013 6:45 p/m CST Text Message Received / USCIS / Advising "My Case Status" has been updated at www.uscis.gov

08/07/2013 6:47 p/m CST Text Message Received / USCIS / Advising "My Case Status" has been updated at www.uscis.gov

08/07/2013 7:00 p/m CST Text Message Received / USCIS / Advising "My Case Status" has been updated at www.uscis.gov

08/09/2013 6:30 p/m CST Email Received / USCIS / Case has been transfered from VSC

08/09/2013 UNKNWN I-797C, Notice of Action (NOAT) / Rcv'd in mail (Notice Date : 08/06/2013, VSC) (Stamp date on envelope : 08/07/2013)**

** Advising that the case has been transfered from VSC to TSC

08/09/2013 7:30 p/m CST USCIS / WEB STIE / Logged in to check site / Indicatted "INITIAL REVIEW

08/26/2013 8:45 p/m CST Email Recieved / USCIS / On 08/26/13, we mailed you a notice that we have approved this I129F PETITION FOR FIANCE(E).

08/26/2013 8:47 p/m CST Text Message Received / USCIS / Advising "My Case Status" has been updated at www.uscis.gov

08/26/2013 8:48 p/m CST USCIS / WEB STIE / Logged in to check site / Indicatted "POST DECISION ACTIVITY"

08/27/2013 7:15 a/m CST Text Message Received / USCIS / Advising "My Case Status" has been updated at www.uscis.gov

08/27/2013 7:15 a/m CST Email Received / USCIS / On August 27, 2013, we shipped this approved or re-affirmed case to the Department of State for visa processing.

08/29/2013 UNKNWN I-797C, Notice of Action (NOA2) / Rcv'd in mail. (Notice Date : 08/26/2013) (Stamp date on env. : 08/27/18) / Advising i-129F has been APPROVED.

09/05/2013 UNKNWN Phone Call to NVC / Petition received and MNL Number issued

09/06/2013 15:58 EST Documents shipped out via DHL AWB 8774193982 ( http://www.visajourney.com/forums/topic/302190-dhl-tracking-from-nvc-to-us-embassy/ ) EXCELLANT

09/09/2013 10:45 MNL Documents rcvd at Embassy signed for L Bernardion

Summary : Date mailed : 07/05; Docs rcv'd USCIS : 07/09; NOA1 issued : 07/11; NOA2 issued : 08/26, NOA2 rcv'd in mail : 08/29; NVC Rcv'd : 09/05/; MNL Emby rcv'd docs : 09/09

Total Number of Days : 67 days (Mailing date of I-129F at U.S. Post Office to Receipt of documents in Manila Embassy)

Projected Dates (Not Actual Dates) : Based on research on VJ Website, other members statements, and documents going to VSC Service Center
07/18/13 : Based on timeline data, your I129f may be adjudicated between December 11, 2013 and December 24, 2013

cocolucho Enthusiast

cocolucho   35

Posted
Filed: K-3 Visa Country: Peru
 Timeline
Posted

Wow, I think as the good friend that you say you are and someone who says that you love that man, you should consider talking to your friend again and advise him that maybe is not such a good idea to marry again so soon. What is the rush? Seriuosly? He should take his time and meet this person and date this person and do that specially because his previous marriage failed.

He should wait to be divorce first of all, 'legally divorce", meet this new person he just met online in person, meet the family and friends, etc... see if she is what he really wants as a partner, and then if he still wants to marry her make a better decision. He should not create a strong relationship, go there for a few weeks, just to show immigration that there is a good intent just for the application, but to do it for his own life, for his own future, He is not even divorce and he is already planning to marry someone else?

it sounds like a recipe for dissarter and I am sorry to say that.

*The material presented is intended for general information only and does not constitute legal advice*

USCIS - IR1/CR1 Wife/IR2 Daughter - K3 Wife/K4 Daughter

12/03/2013 -- I-130s Sent, 12/06/2013 -- I-130s Received                                           12/13/2013 -- I-129F Sent, 12/16/2013 -- I-129F Received           

12/10/2013 -- I-130s NOA1 Hard copies received from VSC                                         12/20/2013 -- I-129F NOA1 Hard copy from VSC           

06/05/2014 -- I-130s Alien Registration Numbers Changed                                           02/12/2014 -- I-129F Transferred from VSC to TSC hard copy                                       

06/09/2014 -- I-130s RFE Emails, 06/12/2014 -- I-130s RFE Hard copies received       02/25/2014 -- I-129F Alien Registration Number Changed

06/16/2014 -- I-130s RFE Response received                                                              07/11/2014 -- I-129F NOA2 email (207 days)

09/25/2014 -- I-130 NOA2 Emails 290 days                                                                 07/16/2014 -- I-129F NOA2 Hard copy received and sent to NVC        

NVC - K3 Wife/K4 Daughter

07-29-2014 -- NVC received I129F                                                                           

07-31-2014 -- NVC case number assigned

08-01-2014 -- Left NVC in route to Embassy in Lima

Embassy - K3 Wife/K4 Daughter

08-07-2014 -- Embassy in Lima received case from NVC                                        

08-07-2014 -- Received email interview letter and packet IV

08-18-2014 -- Completed DS-160 online                                                                 

08-21-2014 -- Medical & Vaccination completed

09-03-2014 -- Interview (Approved)                                                                        

09-05-2014 -- Visa Issued (CEAC website)

09-10-2014 -- Visa in hand                                                                                      

09-18-2014 -- Dulles VA

USCIS - AOS Wife/Daughter

12/10/2014 -- I-485 Sent - including I-765                                                            

12/11/2014 -- I-485 Received

12/16/2014 -- I-485 and I-765 NOA Received email                                             

12/20/2014 -- I-485 and I-765 NOA Hard copies received

01/09/2015 -- I-485 and I-765 Biometrics appointment                                       

01/14/2015 -- I-485 Ready for interview

02/02/2015 -- I-485 Interview notification received                                             

02/14/2015 -- I-765 Approved - EAD card production email and text

02/24/2015 -- I-765 EAD card received                                                              

 03/12/2015 -- I-485 Interview Date (APPROVED)

03/17/2015 -- CR6/CR7 Welcome letters received                                               

03/21/2015 -- CR6/CR7 Green Cards received :dance:

USCIS - ROC Wife/Daughter

01/12/2017 -- I-751 Sent

01/17/2017 -- I-751 NOA Received for wife and daughter

02/23/2017 -- I-751 / CRI89 Biometrics Appointment for wife and daughter

12/26/2017 -- I-751 / CRI89 Approved for wife and daughter

raven52 Proficient

raven52   234

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
  • Author
Posted

I NEVER SAID I LOVE ANY MAN!

My friend has not co-habitated with any female for almost 1 year, can you people read, she left him last fall, 2013..,.,.came back to collect her personal things, signed the divorce, admitting adultry, and is gone.,,.,.,how do you people see this man as jumping into something so quick.,.,.,.,.,.,HE.,.,.has been buy himslef for almost a year..,.,.,my gosh.,.,please read the whole post before jumping the gun.,.,.,

I know it was somewhat long, and I explained the best I could.,.,.perhaps I did not do a good job.,.,.did the best I could!

He is just chatting at this time..,.,nothing is set in stone.,..,nothing.,..,,he will travel to meet her and her family.,,.maybe it will work maybe not.

My question was purely technical.,.,.,when can he legally file a K-1?

The personal judgements, were not needed!

Zedayn Experienced

Zedayn   486

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted

It is not fair for anyone to suggest it takes a year or more for "healing" after a bad relationship. Healing will take as little or as long as it takes, for some it could take a few days, weeks, months or years. Just like falling in love with someone can be love at first sight, or it could take years knowing someone before you finally feel you are in love. The point is, only the heart knows when it is ready and NO ONE can say otherwise. If the OP's friend is ready to start a relationship now, then go for it!

K-1
NOA1: 04/08/2014; NOA2: 04/21/2014; Visa interview, approved: 07/15/2014; POE: 07/25/2014; Marriage: 09/05/2014

 

AOS

NOA1:  09/12/2014;  Biometrics:  10/06/2014;  EAD/AP Received:  11/26/2014;  Interview Waiver Letter:  01/02/2015;  

RFE:  07/09/2015;  Permanent Residency Granted:  07/27/2015;  Green card Received:  08/22/2015

 

ROC

NOA1:  05/24/2017;  Biometrics:  06/13/2017;  Approved without interview:  09/05/2018;  10 Yr Green card Received:  09/13/2018

 

Naturalization

08/09/2020 -- Filed N-400 online

08/09/2020 -- NOA1 date

08/11/2020 -- NOA1 received in the mail

12/30/2020 -- Received notice online that an interview was scheduled

02/11/2021 -- Interview

steve n songsang Collaborator

steve n songsang   45

Posted
Filed: AOS (apr) Country: Thailand
 Timeline
Posted

hi raven...I filed our I-129-F petition 3 days after divorce, I received certified divorce document same day I went to court...Chicago,illinois Your friend must meet this woman first just to meet minimum requirement for I-129-F but due to such a recent petition he should prepare for extra scrutiny to a new petition,also I do not know if he might need a waiver for filing a new petition so soon.

9/16/2013-I-129-F Petition Rec`d-(Dallas lockbox, transfered to CSC)
9/19/2013-Notice Date- NOA-1
10/1/2013-Notice Date- NOA-2-I-129-F Petition Approved!
11/1/2013-NVC Rec`d I-129-F Petition
11/14/2013- U.S.Consulate- BKK Rec`d I-129-F
11/23/2013-Rec`d Packet 3
12/1/2013-Medical Exam
12/9/2013-Packet 3 sent to U.S. Consulate-BKK
12/16/2013-Rec`d Packet 4
1/22/2014-Interview/Approved!
1/25/2014-Rec`d Visa/Passport (Korat)

4/30/2014-POE-Chicago-O`Hare
5/1/2014-Successful S.S.# Application(Chicago office)Marriage License(Cook County)
5/2/2014-Married!
5/16/2014-AOS,I-765,I-131 package received by U.S.C.I.S.
5/19/2014-Notice Date- NOA-1`s
5/23/2014-Rec`d Biometrics Appointment Notice
5/30/2014-Early Biometrics(Chicago location)
7/26/2014-I-765 and I-131 Approved (card production)
8/01/2014-Rec`d Combo Card
9/10/2014-Rec`d Potential Interview Waiver Letter
3/20/2015-Filed form with CIS Ombudsman requesting assistance with AOS.
3/21/2015-Rec`d case# from Ombudsman.
4/03/2015-Sent I-765/I-131 renewal documents to U.S.C.I.S.
4/9/2015- NOA Notice Dates-I-765/I-131 renewal.
4/10/2015-NOA Notice Date-Biometrics Appt.for I-765/I-131 renewal.
4/27/2015-Biometrics Appt.for I-765/I-131 renewal.

5/22/2015-Rec`d RFE for expired Medical Exam.

5/23/2015-Rec`d Renewal Combo Card.

6/8/2015-Updated I-693 Medical Exam sent to U.S.C.I.S. (New York office)

6/20/2015-Rec`d Welcome Letter.

6/24/2015-Rec`d Green Card via U.S.P.S.

raven52 Proficient

raven52   234

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
  • Author
Posted

Zedayn and Steve and Song Sang,

I would like to thank both of you for your fair, and honest posts! I know you read some of the others who just did not understand my friend has been separated nearly a year from his to be ex-wife.

He has had time to heal, think of his life, and what he wants to do, and he wants a Filipino wife, just as I have and both our our friends, Steve has.

This is far from a rebound situation, far from it,..,.,.and he is really taking his time with this new lady.,.,.,.,but a visit is necessary ""to see"".,..,is there any "connection".,.,.,without spending time together.,.,.,.no one would know.

He WAS married to an immature "airhead for sure! She thought she was the next American Idol, or the next model on the cover of a magazine.,,..,you whould know what he put up with! It was awful.

So, his friends support his efforts 100%.

WHAT KIND OF WAIVER,.,.,.,.,might be needed to file a I-129, after a divorce is final.

South Carolina laws, you must be totally separated one year, and she has admitted to adulty in the divorce petition.,.,.,,.so they will have been separated by a year.,.,.and has admitted adultry, and signed the sworn statement, what more could USCIS ask for! A cover letter will be on the divorce decree, written by probably me.,..,to explain why a new filing so quick after the divorce.,.,.,.,.but it is not quick in times of them being separated, and the signed, documented reason for ddivorce!

Again, thanks a bunch for you kind, thoughtful comments, and very accurate ones!

 
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