Potential complications with K-1 Visa, had previously sponsored a spouse to the US

[Villanelle 4,123]

Hello everyone,

I am really interested in this topic as I am somehow at he same boat.

I must say thank you to the long and well based answer of "Damara".

In additional, I would really share my case in this topic.

I'm trying to write shortly.

I'm the Benificant of a K 1 visa. The petitioner has a clean history. He has been married for 27 y and had 4 children. His wife passed away. We met online and got engaged. ( we both are from the same country).

The PROBLEM IS "ME".

My first married ended in divorce 13 y before. I have a child from the first married.

The second married was with a us citizen, whom I met online. We got married in Albania in 2010.

- Then in spring 2011 I applied for a Tourist visa ( as he told me) which was denied.

- In 2012 he made a petition ( married based ), I am not sure why, but after 3 months it was denied .( He said that he had some problems with bank).

- Then he applied again after a year , spring 2013, but at that time our relationship wasn't going well. He didn't come to visit me for almost 1 and half year, so I decided to make the divorce. During this time I met online with my present fiancé. During the divorce process ( September 2013 - September 2014) we met 4 times. My fiancé met my parents and my son too. We have a lot of evidence of meeting in person and communications online during all this period ( almost 700 pages in viber writen form) plus others . On November 2014 we applied ( after 15 months of meeting in person ).

THE QUESTION IS:

Could my history indicate my Finacé Visa?

We have choose to tell everything in advance and not to hide anything.

In addition I have proof that my ex us citizen husband has threatened me during the divorce proces. I am not going to send the proof to the embassy, but I am just keeping them in a folder just in case that they ask me at the interview .

Dear DAMARA,

I'm really waiting for any answer from you, because I really appreciate your answer above

Sincerely

Your post could be separated into its own thread (you can ask a mod to move it) so that you can get specific feedback on your situation.

Generally speaking- They will review the complete records of both parties- so yes, yours will definitely show upon applying for a K visa presently that you previously applied for a marriage visa to a different individual. Everyones situation is different. In this thread the question is how deeply are they going to look into the USCs past spouses and what potential impact can it cause. For your situation- you are the immigrant. They will most definitely review your files and see what history you have with potential immigration to the US. They will also review your petitioners history and see what history they have with bringing people over. They do this for everyone- not just you.

Looking at your specific history on paper- you were married for a very long time to someone 'local to you' then divorced a very long time ago. In 2010 you married a USC. In 2012 you attempted to immigrate. You did not and the relationship ended in divorce. During the divorce proceedings you became involved with another USC and are now attempting to immigrate again. On paper this can be what we call in the forums red flags. (for looking for a potential way to immigrate).

One strike against you would be the fact that you waited (from your words) 2 years from the date of marriage (2010) to attempt to immigrate (2012). This does not look so good as if you were successful in getting approved you would have gotten the unconditional GC and not the conditional one based on the length of your marriage. You also have the red flag of starting a relationship before the old one was "officially over"./ Ie dating while going through a divorce.

You have to keep in mind red flags are simply alerts that things may not be as they seem and to proceed with caution and to look a little deeper. It doesnt mean things werent on the up and up or you will be denied. Its just something you may have to overcome. A good strategy is to think of it like a debate team. Where you dont know exactly what the other side is going say until they say it but you have an idea what their position can be so you prepare your statement to address the concerns.

You need to prove you are not looking for a way to immigrate. Assume they think you are since in the last 5 years you had attempted to immigrate with a previous spouse. You need to assume they are going to be skeptical of your new relationship and say huh did she only find him because hes a way to the US and her previous way failed.

So how is this done. This is the part that many people just advise you to do and not actually walk you through. A basic is having good solid proof of your relationship with the current beloved. Being able to document it and show a natural progression is important. For some showing that you have a good solid life where you currently live helps. People from certain areas are less suspected of immigration fraud for a reason. Its viewed upon why do they want to come here when where they are is just as nice if not better. If you can show you own property that you will have to sell to relocate, you have cars, a steady job, belong to churches or social groups and are uprooting your life and leaving behind something solid and good to move to be with the person you love where you are going to have to start from scratch. Well its hard to say youre not doing it for love and have some other motivation. If you are leaving a poor area where you own nothing and have no ties- well you dont have that argument

You can also show the failings of the previous relationship. The one that you did not take the benefits from as an example that you couldve taken the benefit but chose not to because it wasnt the benefit you were after but the relationship. I dont know what your ex couldve threatened you with but showing that you chose to divorce long distance rather then staying in an unhappy relationship for the benefit can work for you instead of against you. That would be taking that same red flag and twisting it slightly so its to your advantage and not disadvantage.

[KierenHby 900]

In 2000, I went back to Vietnam married and sponsored a spouse to the US. In 2009 we were divorced because there were too many fights. In 2012 I dated my first spouse's sister and she got pregnant and I married her right before the child was born. Recently I also divorced my second wife because she started to use drugs. I have custody of my 3 year old child. Now I have a fiance in Vietnam. I want to sponsor her here on a K-1. Do you see any potential problems with my complicated marriage history?

The embassy doesn’t care if you’re married once or 10 times. What they’re likely to look at is

Wife 1.. received immigration benefit, expect scrutiny.

Wife 2.. no issue.. but possible scrutiny if they deduce/figure out relationship to first wife

Fiance.. likely scrutiny.. because she'll be your second Beneficiary, and from the same country.

42-30.. young, so 12-yr age difference non-issue. Income could work in your favor. Chances of a K-1 are iffy, better odds with a Spousal visa if you can travel and marry, but the ~1-yr wait tests your patience.

[JohnCAL 2]

Hi Everyone,

I just submitted my application to sponsor my fiance with K1 visa. I front loaded with 30 double sided pages (60 total) of Skype screenshot that includes calls and chat. 40 pages of email. All hotel stay receipts. Pictures at three different cities with landmarks and pictures on a Halong Bay cruise. Two copies of Vietnam visas with entry and exit stamps. Itinerary and receipt of airticket purchase for me and my father for this December when we will have an engagement ceremony. We will travel to Singapore and Phu Quoc island and will take many pictures for her to bring to the interview. I also plan to take many pictures of the engagement ceremony with my father, grandma and uncle attending the ceremony. I stated in my tineline that my father and will go back there for the engagement. This would be our third meeting. I think a fake relatioship is unlikely to have 3 meetings. Total cost for each trip is roughly $6000. The trip for this december will be over $10000 because of two airtickets and ceremony. I will send her our visas for bringing to the interview. Hope this is enough. I and my fiance are both nervous.

Edited October 23, 2015 by JohnCAL