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llaz

Cant Say Your Engaged If Going Through Divorce?

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I thought I read somewhere that someone said that you cannot state in the k1 visa packet that you are engaged if one of the other parties is still married. Is that correct?


Mi Amor & Me:

Met.... 1/2010 on my 1st trip to Chile!

Seven visits between 7/19/2015 - 7/9/2017 (Five me to Chile, Two him to USA)

Engaged .... 11/17/2015

K1/AOS Journey:

Spoiler

11/01/2016 .... I129F sent to Lewisville,TX

11/03/2016 .... I129F delivered/received

11/07/2016 .... NOA1 dated

11/08/2016 .... NOA1 text/email received

11/14/2016 .... NOA1 hardcopy received

04/07/2017 .... RFE notice on USCIS App
04/15/2017 .... RFE hardcopy received

04/20/2017 .... RFE response mailed
04/21/2017 .... RFE response received

06/05/2017 .... APPROVED!! (215 days) USCIS App still states RFE received

06/10/2017 .... NOA2 hardcopy received 
06/20/2017 .... NVC received & case number obtained

06/23/2017 .... Case left NVC

06/29/2017 .... Case received at Santiago embassy
07/21/2017 .... Interview

07/31/2017 .... Medical
08/14/2017 .... Visa in hand

08/28/2017 .... My love comes home! POE: ATL

10/21/2018 .... Wedding Day! <3

11/17/17 .... Mailed AOS Packet to Chicago Lockbox

11/20/17 .... Packet received

11/22/17 .... Case # received by text message

12/20/17 ... RFE recieved

1/10/18 ... RFE responded

3/1/18 ... EAD "New Card Being Produced" online (AP no change & no text)

3/6/18 ... EAD/AP card in mail

3/6/18 ... I-797 NOA hard copy received (EAD & AP)

 

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In the not-immigration world, you can say you're engaged all you want while one or even both parties are married. It just becomes a moral debate.


As for the I-129F petition, both parties have to be able to legally marry when the I-129F is filed.

The ONLY people who have gotten away with filing while still not "legally able to marry" are those who live in states where divorces have wait times AFTER the divorce has been finalized. Basically, they send the packet a month before the wait period is over, by the time USCIS gets to their packet they are marriable. These people get a copy of their divorce decree, so they are able to send it, just not able to marry for a period of time. Again, this wait time varies by state, some states only have a month, some none, some longer.

If the USC has not had their final divorce papers signed by the judge OR if the US has not even intitated divorce, then no, you can not start a K-1 petition. You HAVE to send a copy of the finalized divorce papers with the I-129F petition.

Edited by Ash.1101

*More detailed timeline in profile!*
 
Relationship:     Friends since 2010, Together since 2013

The K-1 Process:    Done in 208 days                                               
 

Spoiler

04/27/15- NOA1 Recieved                                                    
06/02/15 - NOA2 Recieved
09/22/15 - Interview       (221g for more documents (a SECOND cosponsor), see profile for more details!)                                            
11/09/15 -  ISSUED!!                                                              
11/10/15 - Passport received                                                
02/20/16 - Wedding!              


                                                
 AOS   Done in 77 days                                                                            
 

Spoiler

04/08/16 - I-485, I-765, I-131 AOS Application recieved by USCIS
04/12/16 - 3 NOA1's received in mail
05/14/16 - Biometrics for AOS and EAD
06/27/16 - I-485 Case to changed to "New Card being produced"  (Day 77)
06/27/16 - I-485 Case changed to Approved! (Day 77)
06/30/16 - I-485 Case changed to "My Card has been mailed to me!"
07/05/16 - Green Card received in mail! 

 



ROC 

05/09/18 - Mailed out ROC to CSC

05/10/18 - CSC Signed and received ROC package
06/07/28 - NOA1 

06/11/18 - Check cashed

06/15/18 - NOA received in the mail
08/27/18 - 18 month extension recieved (Courtesy Copy)

09/18/18 - Request for official 18 month extension
 

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I thought I read somewhere that someone said that you cannot state in the k1 visa packet that you are engaged if one of the other parties is still married. Is that correct?

You can't file for the K1 unless you are both free to marry at the time of application, if a divorce is still pending then you are not both free to marry and the petition will be denied.


Everything crossed for a smooth and stress free journey

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Yes, yes, yes I know that. We are waiting until his divorce is final before sending the paperwork. I should have mentioned that before I posted, I apologize.

I guess to revise my question, my fiancee and I were engaged as of 11/17/2015... but his divorce is finalized 10/19/2016 (they've been separated 9 years, no one did the paperwork before and it takes 3 years to get a divorce in Chile), can we not say that we were engaged as of 11/17/2015 when sending the packet (after the divorce finalization date)?

Edited by llaz

Mi Amor & Me:

Met.... 1/2010 on my 1st trip to Chile!

Seven visits between 7/19/2015 - 7/9/2017 (Five me to Chile, Two him to USA)

Engaged .... 11/17/2015

K1/AOS Journey:

Spoiler

11/01/2016 .... I129F sent to Lewisville,TX

11/03/2016 .... I129F delivered/received

11/07/2016 .... NOA1 dated

11/08/2016 .... NOA1 text/email received

11/14/2016 .... NOA1 hardcopy received

04/07/2017 .... RFE notice on USCIS App
04/15/2017 .... RFE hardcopy received

04/20/2017 .... RFE response mailed
04/21/2017 .... RFE response received

06/05/2017 .... APPROVED!! (215 days) USCIS App still states RFE received

06/10/2017 .... NOA2 hardcopy received 
06/20/2017 .... NVC received & case number obtained

06/23/2017 .... Case left NVC

06/29/2017 .... Case received at Santiago embassy
07/21/2017 .... Interview

07/31/2017 .... Medical
08/14/2017 .... Visa in hand

08/28/2017 .... My love comes home! POE: ATL

10/21/2018 .... Wedding Day! <3

11/17/17 .... Mailed AOS Packet to Chicago Lockbox

11/20/17 .... Packet received

11/22/17 .... Case # received by text message

12/20/17 ... RFE recieved

1/10/18 ... RFE responded

3/1/18 ... EAD "New Card Being Produced" online (AP no change & no text)

3/6/18 ... EAD/AP card in mail

3/6/18 ... I-797 NOA hard copy received (EAD & AP)

 

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Yes, yes, yes I know that. We are waiting until his divorce is final before sending the paperwork. I should have mentioned that before I posted, I apologize.

I guess to revise my question, my fiancee and I were engaged as of 11/17/2015... but his divorce is finalized 10/19/2016 (they've been separated 9 years, no one did the paperwork before and it takes 3 years to get a divorce in Chile), can we not say that we were engaged as of 11/17/2015 when sending the packet (after the divorce finalization date)?

It doesn't ask you anywhere in the application the date of your engagement, so this detail is not relevant.


3/2/18  E-filed N-400 under 5 year rule

3/26/18 Biometrics

7/2019-12/2019 (Yes, 16- 21 months) Estimated time to interview MSP office.

 

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It will likely come up for the interview and I know that some CO's don't like getting engaged when the divorce is not finalized.


Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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It will likely come up for the interview and I know that some CO's don't like getting engaged when the divorce is not finalized.

Agree'd.

No where in the 129-F does it ask for your "engagement" date or anything like that, so if that's provided then you'll do it on your own accord.

CO's want marriage to be treated seriously, someone being engaged while still married shows they don't treat marriage very seriously. Even if he explains that he didn't get a divorce... just because no one did paperwork... it most likely will show that marriage is taken even LESS seriously because no one cared to even get a divorce.

I'd say, unless the CO asks, I wouldn't talk too much about the transition from first marriage to new fiance.


*More detailed timeline in profile!*
 
Relationship:     Friends since 2010, Together since 2013

The K-1 Process:    Done in 208 days                                               
 

Spoiler

04/27/15- NOA1 Recieved                                                    
06/02/15 - NOA2 Recieved
09/22/15 - Interview       (221g for more documents (a SECOND cosponsor), see profile for more details!)                                            
11/09/15 -  ISSUED!!                                                              
11/10/15 - Passport received                                                
02/20/16 - Wedding!              


                                                
 AOS   Done in 77 days                                                                            
 

Spoiler

04/08/16 - I-485, I-765, I-131 AOS Application recieved by USCIS
04/12/16 - 3 NOA1's received in mail
05/14/16 - Biometrics for AOS and EAD
06/27/16 - I-485 Case to changed to "New Card being produced"  (Day 77)
06/27/16 - I-485 Case changed to Approved! (Day 77)
06/30/16 - I-485 Case changed to "My Card has been mailed to me!"
07/05/16 - Green Card received in mail! 

 



ROC 

05/09/18 - Mailed out ROC to CSC

05/10/18 - CSC Signed and received ROC package
06/07/28 - NOA1 

06/11/18 - Check cashed

06/15/18 - NOA received in the mail
08/27/18 - 18 month extension recieved (Courtesy Copy)

09/18/18 - Request for official 18 month extension
 

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I met my current husband and became engaged to him before my divorce was final with my ex husband. It came up at the interview(I was at the interview and by this time already married to my now husband)-the CO asked my new husband if he was aware of my circumstances, he answered honestly and said yes, and that was the end of it. The CO didn't make an issue of it and didn't ask any further questions. My husband's visa was approved without a hitch. My only answer to you is to be 100% honest in all of your answers. Period. If you try to hide the truth or lie about it, it will only cause further headaches.



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On my letter of how we meet I explaned that I was going through a Divorce and even though he ask me to marrie him we could not officially get engaged with a ring until the marriage was final. We decided it wouldn't be right.So no ring on finger.Not until divorce shows respect of the fact that I wasn't free to really do so. Then car accident broken hand a shoulder so still no ring on finger swolling. So if they ask when did we get engage he will repeat this to them

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I'm my husband's second wife. We got engaged little over 6 months after his divorced was finalized. He got married on 2004 and they decided to go separate ways on 2006. They remained married for 5 years although they weren't together and his ex wife was living with another man.

By the end of 2010, she decided to file for divorce and because they didn't have kids or properties in common, it was actually pretty quick (Like 3-4 weeks).

My husband's family knows my family for over 40 years so we've known each other since ever but I was living in my homecoutry and he was living here in the US. I was never interested in him until circumstances reunited us 17 years later. We started dating almost right away and he proposed 3 months later.

I was concern because we literally started dating 5 months AFTER his divorced was finalized and he proposed super quick. I didn't want the CO to think I was dating my husband was he was still a married man. Even if that was the case, they were already separated for 4 years.

I read many stories similar to mine where the k1 visa was denied because the CO thought couples were dating while one of them were still married. Thank God during my interview, his divorced wasn't even mentioned.

My advice would be: wait until the divorced is completely finalized (otherwise, you wont be able to file) and be honest. Of course, you don't have to disclose anything you haven't been ask, but if that's the case just being honest. This people can tell when you are lying to them so giving the wrong impression it wont be good for your case.


OUR AMAZING JOURNEY 

 

2011

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2012

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2013                                                  2014                                                     2015

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I was asked when we initiated the relationship and when we became engaged. So the question came up for me at the interview.

Also, who proposed marriage to whom. They also looked at the number of flights I took down. And where I stayed during these visits.

Make sure what ever you do is tell the truth they prefer an honest answer. For example I met my now husband when I was on a trip for my ex Fiancee interview. The relationship ended on this trip and I met my now husband. CO didn't ask about previous Fiancee but to clarify that was a terminated relationship.

I had filed my multiple waiver for k1 and it was approved pre consular interview.

Furthermore the CO congratulated me on my ability to move on....something some people have issue doing.


:girlwerewolf2xn: Ana (L) Felix :wub:

K1 March Filer 2016

Interview Approved August 19, 2016

POE September 25, 2016

AOS November Filer 2016

DISCLAIMER: Please excuse my ABC & Gramm@r I am not an editor...

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Japan Consulate did give my fiancee a hard time about the engagement happening 7 days before my divorce was final. I was legally separated two years before and everything was tied up due to legal battles. Same thing happened at POE. My fiancee and I were talking to each other about 7 months before the divorce was final. We were approved but I think they were not happy about the event overlaps.


 
12/31/2015 - New Year's Eve 2015 Engagement
03/19/2016 - I-129F Package sent via Express Mail (Cashier's Check)

03/21/2016 - Notice of Receipt (Text/Email)

03/24/2016 - NOA1 Approval :dancing:

06/13/2016 - NOA2 Approval :dancing:

07/13/2016 - NVC Case received and Case # Assigned. YES!!!! :dancing:

07/19/2016 - K-1 document package arrives Tokyo, Japan Consulate

07/22/2016 - Packet 3 Received and Returned

08/07/2016 - Tokyo Embassy Interview...APPROVED!!! :dancing:

08/09/2016 - Passport & Visa Received from Embassy

09/29/2016 - POE San Francisco, CA

10/28/2016 - MARRIED!

11/09/2016 - AOS Package Received

11/18/2016 - Electronic I-131, I-765 NOA1, I-485 Biometrics Fee Acknowledged.

11/26/2016 - I-131, I-765 NOA1 Letters Received

11/27/2016 - I-485 NOA1 Received

12/14/2016 - Biometrics Done

02/11/2017  - RFE Recieved for EAD

02/13/2017 - Response to RFE Sent for EAD

02/21/2017 - EAD & I-131 Approved

03/01/2017 - EAD/AP Combo Card Received

 

 

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I'm my husband's second wife. We got engaged little over 6 months after his divorced was finalized. He got married on 2004 and they decided to go separate ways on 2006. They remained married for 5 years although they weren't together and his ex wife was living with another man.

By the end of 2010, she decided to file for divorce and because they didn't have kids or properties in common, it was actually pretty quick (Like 3-4 weeks).

My husband's family knows my family for over 40 years so we've known each other since ever but I was living in my homecoutry and he was living here in the US. I was never interested in him until circumstances reunited us 17 years later. We started dating almost right away and he proposed 3 months later.

I was concern because we literally started dating 5 months AFTER his divorced was finalized and he proposed super quick. I didn't want the CO to think I was dating my husband was he was still a married man. Even if that was the case, they were already separated for 4 years.

I read many stories similar to mine where the k1 visa was denied because the CO thought couples were dating while one of them were still married. Thank God during my interview, his divorced wasn't even mentioned.

My advice would be: wait until the divorced is completely finalized (otherwise, you wont be able to file) and be honest. Of course, you don't have to disclose anything you haven't been ask, but if that's the case just being honest. This people can tell when you are lying to them so giving the wrong impression it wont be good for your case.

Can you please show me the links to people who were denied because they were dating while one of them was in the process of divorce? I have never seen it once in my 4 years on this site. I am not sure what your own story has to do with the OP's question. The OP wanted to hear from people who started dating before a divorce was final, not 5 months after.



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