Filing K-1 Visa. Have previous marriage w/ I-130 Visa (Divorced)

[Gemini_86 0]

Hello,

I am filing a K-1 visa but have had a previous marriage with a former spouse (Mexican) that entered the United States with a I-130 Spousal Visa (I was the Petitioner).

We have been divorced since 2013 - with documentation (mutual agreement under peaceful circumstances). She has since filed for ROC (Divorce) and is now a permanent resident in the U.S.

My Fiance (Mexican) and I are concerned that because of my previous marriage and former status as a petitioner for a Spousal visa might complicate the application.

Should we be concerned? Or is this sort of thing a normal occurrence that shouldn't be an issue?

Thank you!

EDIT: My fiance currently has a tourist visa (for another 5 years). We obviously want to live together at my home in the U.S., so we thought the K-1 VISA would be the best choice. We're just hoping my previous petition for a spouse won't affect us.

Edited March 27, 2016 by Gemini_86

[UnaMexicana 153]

I am currently going through the IR1 process. My husband was naturalized through marriage, then divorced amicably in the same terms you mentioned. Excep for background and security checks that delayed our i130 from the usual 5 months up until 9.5 months, we have seen no major issues.

We are doing the process legally, we are a bonafide marriage and well.. circumstances like this happen and I am sure you are not the first in that situation ... especially living in a border area.

Just present a strong case, several visits, proof of meeting each others families, love letters, skypes, etc... and not one single thing that suggests you had a previous marital union between you two (some people have presented pictures that resembled a civil marriage and had run into trouble)...

I wish you luck!

[MarkerOne 4]

You were married legally and divorces legally with documents to prove it. You can either do the k1 visa or take a change and marry her while she is visiting in the US as long as her intention not to marry...then, its up to you what you do while she is visiting...Risky? It could be and so is the K1 process that will raid red flag...I would marry her while she is visiting and take the chance!

[Gemini_86 0]

I would marry her while she is visiting and take the chance!

You recommend marrying her while she's visiting on her Tourist Visa, thus changing the process to a marital visa?

Just curious why you think that would be a better option than sticking to the Fiance Visa?

[MarkerOne 4]

You recommend marrying her while she's visiting on her Tourist Visa, thus changing the process to a marital visa?

Just curious why you think that would be a better option than sticking to the Fiance Visa?

I believe technically speaking she is not your fiance until you apply for the K1 and petition her. Applying for k1 will raise red flags cause of your previous marriage that did not last for long time that ended up with your "x wife" getting a green card. There might be many questions and many RFE in that case even if the petition approved, its on the counselor discretion to approve or deny the visa if they dig more into your file.

Coming to the US on tourists visa and getting married while she is here would be more solid and quicker than the K1.

I had friend who have done this with same circumstances and he had no problems at all.

[Gemini_86 0]

Coming to the US on tourists visa and getting married while she is here would be more solid and quicker than the K1.

I had friend who have done this with same circumstances and he had no problems at all.

I see. That makes sense. After your friend married on the tourist visa, did the use the K-3 Visa?

[Pitaya 2,576]

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[Gemini_86 0]

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Yeah, I was wondering how that would work. I remember reading that you can't actually get married on a tourist visa. So getting married here in the states while she's visiting on a tourist visa is definitely out of the question...

[Anh map 2,098]

There is nothing wrong with marrying in the US while visiting and then returning to the home country for spouse visa processing.

[Gemini_86 0]

There is nothing wrong with marrying in the US while visiting and then returning to the home country for spouse visa processing.

Oh boy, now I'm really confused.

[awaywego 28]

Oh boy, now I'm really confused.

What you and your fiancee can do:

1) Follow the K-1 path, as you currently plan.

2) She enters on her tourist visa, you marry, she returns to Mexico, and you follow the CR-1 path.

(Since it was brought up, the second is shorter to being married, but longer to living together in the US. The Guides link at the top of the page includes a comparison between these options.)

One can marry as a tourist, no problem. That does not violate any stipulation of the visa. The problem would be entering the US on a tourist visa with the intent to live in the US.

Edited March 28, 2016 by awaywego

[KayDeeCee 4,891]

I believe technically speaking she is not your fiance until you apply for the K1 and petition her.

She is his fiancee the moment they agree to marry. Being engaged has nothing to do with filing an immigration petition. One gets engaged and has a fiance(e) BEFORE they would file a petition. Filing a K-1 does not in itself raise any 'red flags'. It is also fraudulent to enter the US with the intention to marry, stay and file for AOS. Just because you know someone that did it does not mean you should advise others to do the same.

Oh boy, now I'm really confused.

It is perfectly legal to enter the US with a tourist visa and get married and return home afterwards. It is not okay to enter with the intention to get married and then stay and file for AOS. You can do the K-1. As the first person replied to your post, you will need to provide plenty of proof that your relationship is valid and not for immigration alone. Front-load your petition with proof of relationship and take more to the K-1 visa interview. They do not vet your relationship when adjudicating the I-129F petition, contrary to what was stated by someone in this thread. The CO will be the one to do that at the visa interview. Make sure your fiancee knows all the details of your past relationship, and just have her honestly answer any questions the CO may ask about it. You should also be in Juarez with your fiancee for the interview.

Edited March 28, 2016 by KayDeeCee

[Penguin_ie 5,986]

There is nothing wrong with marrying in the US while visiting and then returning to the home country for spouse visa processing.

It is not having a wedding in the USA that is immigration fraud; plenty of foreigners get married in Las Vegas every day! It is using a tourist visa with the intent to get married AND STAY that would be a problem.

[Gemini_86 0]

It is not having a wedding in the USA that is immigration fraud; plenty of foreigners get married in Las Vegas every day! It is using a tourist visa with the intent to get married AND STAY that would be a problem.

I see. So going that route would mean getting married here in the US, then applying for the spousal visa (I-130) correct? Is there a limit to the amount of time she can stay with me in the US after we get married and wait for the I-130 to process?

[Penguin_ie 5,986]

I see. So going that route would mean getting married here in the US, then applying for the spousal visa (I-130) correct? Is there a limit to the amount of time she can stay with me in the US after we get married and wait for the I-130 to process?

Correct, you'd follow the CR-1 spousal visa process, which takes about a year. She can stay however long they give her at the border; usually, that is 6 months, but it may be less. Keep in mind that if she stays 6 months, she is unlikely to be allowed back for a long time, as you are supposed to be out longer than you were in the USA. So depending on your plans, it may be better fro her to only stay a couple of months, go home, then visit again alter for Christmas, or birthdays, or whatever.