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Should I include an explanation of a complicated past divorce / K-1 petition to avoid confusion and / or delays?

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

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Duane & Haney Explorer

Duane & Haney   95

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

First of all, thanks to this community. This forum is a treasure-trove. You guys are awesome!

 

:)

 

I am finishing my I-129F with the help of this website, and am considering including an explanation regarding a complicated past divorce / K-1 petition to avoid confusion and / or delays.

 

the situation:

I met my ex-wife in 2003 and we married in Mexico in 2004.

We filed a K-3 petition which was rejected, because the marriage was considered "not valid for immigration purposes".

We then filed a K-1 petition in 2006, which was approved, but for personal reasons, I abandoned the petition before her interview.

My ex-wife then met another man in 2007, and when he filed a K-1 petition, was told she needed to divorce me (?!?).

So we divorced in Mexico in 2008, and that was the end of it.

 

the issue:

Now in my I-129F, I have all the requested information regarding the K-1 petition filed in 2006 (A-number, also the NOA2), and the divorce decree showing we married in 2004, and divorced in 2008.

 

question:

Should I include an explanation (see "the situation", above) in Part 8 to avoid any confusion / delays?

 

opinion #1: You don't need an explanation. The facts are clear: you are legally divorced, abandoned the previous petition, so there is nothing more to say. Any additional information will just cause confusion and result in more delays. Besides, the USCIS knows everything already anyways.

opinion #2: You should really try and include some information, because the UCSIS may get stuck on the fact that you married in 2004, yet filed a K-1 petition in 2006, and delay the petition in order to do more research. A little information never hurts, and a quick summary may keep things moving forward.

 

Would it be better to provide a small explanation in Part 8, or would that just confuse things more?

 

Thanks again to this amazing community, to all those who selflessly contribute and help others!
Berliner JFK

01/20/2018 – DAY 000 – I-129F packet sent via FedEx

01/22/2018 – DAY 002 – I-129F packet delivered to Lewisville, TX in AM

01/26/2018 – DAY 005 – I-129F text & e-mail confirmation received, check cashed

02/01/2018 – DAY 011 – I-129F NOA1 hard copy received (postmark 1/29 CA to MI)

09/14/2018 – DAY 237 – "official" I-129F NOA2 approval date per paper NOA2

09/17/2018 – DAY 240 – approval date I-129F NOA2 per phone app and "old" USCIS website

09/18/2018 – DAY 241 – call automated USCIS 1-800 number, approval I-129F confirmed

09/19/2018 – DAY 242 – consult new USCIS website. Updated two days late, but approved!

09/21/2018 – DAY 245 – received hardcopy of NOA2 in the mail

10/01/2018 – DAY 255 – NVC received petition from USCIS and case number assigned

10/16/2018 – DAY 270 – NVC sends case file via DHL to Singapore embassy – CEAC status "In Transit"

10/19/2018 – DAY 273 – per DHL tracking case file received by Singapore embassy (Friday)

10/22/2018 – DAY 276 – status per CEAC website tracker now officially "READY" (Monday)

10/23/2018 – DAY 277 – packet 3 sent out by embassy via registered mail

10/25/2018 – DAY 279 – packet 3 delivered to incorrect address, SingPost mail redirect did not work!

10/29/2018 – DAY 283 – contacted embassy and received tracking information for packet 3

10/30/2018 – DAY 284 – retrieved packet 3 directly from SingPost, returned packet 3 via speedpost

10/31/2018 – DAY 285 – packet 3 received by embassy

10/31/2018 – DAY 285 – packet 4 e-mail received from embassy – interview date November 20th

11/01/2018 – DAY 286 – medical exam at Fullerton Clinic completed successfully

11/15/2018 – DAY 300 – medical exam report sent by clinic to embassy

11/20/2018 – DAY 305 – interview in embassy PASSED! review here

11/27/2018 – DAY 312 – K-1 visa picked up at Aramex

01/16/2019 – DAY 362 – POE Detroit Metro Airport review here

05/04/2019 – DAY 470 – send AOS packet (I-485, I-765, I-131)

05/09/2019 – DAY 475 – NOA date I-485 / I-765 / I-131

07/11/2019 – DAY 538 – NOA interview – scheduled for 8/22 Detroit Field Office

Duane & Haney Explorer

Duane & Haney   95

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

Bump...anyone have the patience to read the above and answer my question?

 

Really appreciate everyone's help...this is a question for experts, I'd be grateful! :)

 

Duane

01/20/2018 – DAY 000 – I-129F packet sent via FedEx

01/22/2018 – DAY 002 – I-129F packet delivered to Lewisville, TX in AM

01/26/2018 – DAY 005 – I-129F text & e-mail confirmation received, check cashed

02/01/2018 – DAY 011 – I-129F NOA1 hard copy received (postmark 1/29 CA to MI)

09/14/2018 – DAY 237 – "official" I-129F NOA2 approval date per paper NOA2

09/17/2018 – DAY 240 – approval date I-129F NOA2 per phone app and "old" USCIS website

09/18/2018 – DAY 241 – call automated USCIS 1-800 number, approval I-129F confirmed

09/19/2018 – DAY 242 – consult new USCIS website. Updated two days late, but approved!

09/21/2018 – DAY 245 – received hardcopy of NOA2 in the mail

10/01/2018 – DAY 255 – NVC received petition from USCIS and case number assigned

10/16/2018 – DAY 270 – NVC sends case file via DHL to Singapore embassy – CEAC status "In Transit"

10/19/2018 – DAY 273 – per DHL tracking case file received by Singapore embassy (Friday)

10/22/2018 – DAY 276 – status per CEAC website tracker now officially "READY" (Monday)

10/23/2018 – DAY 277 – packet 3 sent out by embassy via registered mail

10/25/2018 – DAY 279 – packet 3 delivered to incorrect address, SingPost mail redirect did not work!

10/29/2018 – DAY 283 – contacted embassy and received tracking information for packet 3

10/30/2018 – DAY 284 – retrieved packet 3 directly from SingPost, returned packet 3 via speedpost

10/31/2018 – DAY 285 – packet 3 received by embassy

10/31/2018 – DAY 285 – packet 4 e-mail received from embassy – interview date November 20th

11/01/2018 – DAY 286 – medical exam at Fullerton Clinic completed successfully

11/15/2018 – DAY 300 – medical exam report sent by clinic to embassy

11/20/2018 – DAY 305 – interview in embassy PASSED! review here

11/27/2018 – DAY 312 – K-1 visa picked up at Aramex

01/16/2019 – DAY 362 – POE Detroit Metro Airport review here

05/04/2019 – DAY 470 – send AOS packet (I-485, I-765, I-131)

05/09/2019 – DAY 475 – NOA date I-485 / I-765 / I-131

07/11/2019 – DAY 538 – NOA interview – scheduled for 8/22 Detroit Field Office

Duane & Haney Explorer

Duane & Haney   95

Posted
Filed: K-1 Visa Country: Singapore
 Timeline
  • Author
Posted (edited)

I am just wondering if I should explain how I married this woman, then ended up filing a K-1 petition for her.

 

This all came because the USCIS did not consider our marriage valid and rejected our K-3 petition, so I assume they have all this history. Either way, I thought a supplemental page with an explanation might be helpful, i.e.:

  • -I met my ex-wife in 2003
  • -We married in Mexico in 2004 and petitioned for a K-3 visa
  • -The K-3 visa was denied because the marriage was not considered "valid for immigration purposes"
  • -We then petitioned for a K-1 visa, which was approved, but I abandoned the petition for personal reasons
  • -We divorced in Mexico in 2008

This might help explain the apparent conflict between the Mexican marriage and the K-1 petition.

 

Would appreciate any and all input. Would like to avoid any delays in my current K-1 visa petition.

Thanks! :)

Duane

Edited by Duane & Haney

01/20/2018 – DAY 000 – I-129F packet sent via FedEx

01/22/2018 – DAY 002 – I-129F packet delivered to Lewisville, TX in AM

01/26/2018 – DAY 005 – I-129F text & e-mail confirmation received, check cashed

02/01/2018 – DAY 011 – I-129F NOA1 hard copy received (postmark 1/29 CA to MI)

09/14/2018 – DAY 237 – "official" I-129F NOA2 approval date per paper NOA2

09/17/2018 – DAY 240 – approval date I-129F NOA2 per phone app and "old" USCIS website

09/18/2018 – DAY 241 – call automated USCIS 1-800 number, approval I-129F confirmed

09/19/2018 – DAY 242 – consult new USCIS website. Updated two days late, but approved!

09/21/2018 – DAY 245 – received hardcopy of NOA2 in the mail

10/01/2018 – DAY 255 – NVC received petition from USCIS and case number assigned

10/16/2018 – DAY 270 – NVC sends case file via DHL to Singapore embassy – CEAC status "In Transit"

10/19/2018 – DAY 273 – per DHL tracking case file received by Singapore embassy (Friday)

10/22/2018 – DAY 276 – status per CEAC website tracker now officially "READY" (Monday)

10/23/2018 – DAY 277 – packet 3 sent out by embassy via registered mail

10/25/2018 – DAY 279 – packet 3 delivered to incorrect address, SingPost mail redirect did not work!

10/29/2018 – DAY 283 – contacted embassy and received tracking information for packet 3

10/30/2018 – DAY 284 – retrieved packet 3 directly from SingPost, returned packet 3 via speedpost

10/31/2018 – DAY 285 – packet 3 received by embassy

10/31/2018 – DAY 285 – packet 4 e-mail received from embassy – interview date November 20th

11/01/2018 – DAY 286 – medical exam at Fullerton Clinic completed successfully

11/15/2018 – DAY 300 – medical exam report sent by clinic to embassy

11/20/2018 – DAY 305 – interview in embassy PASSED! review here

11/27/2018 – DAY 312 – K-1 visa picked up at Aramex

01/16/2019 – DAY 362 – POE Detroit Metro Airport review here

05/04/2019 – DAY 470 – send AOS packet (I-485, I-765, I-131)

05/09/2019 – DAY 475 – NOA date I-485 / I-765 / I-131

07/11/2019 – DAY 538 – NOA interview – scheduled for 8/22 Detroit Field Office

AnaidAaron Explorer

AnaidAaron   42

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

If I'm not mistaken, you do have to disclose it in your petition, but I don't think you'll have any problems filing again since it was so long ago, I think a waiver is not required unless you file more than once within 2 years. 

You will have to show proof that you are legally free to marry though, in this case, your translated divorce decree (Which I assume is in Spanish). 

Duane & Haney Explorer

Duane & Haney   95

Posted
Filed: K-1 Visa Country: Singapore
 Timeline
  • Author
Posted (edited)
47 minutes ago, AnaidAaron said:

If I'm not mistaken, you do have to disclose it in your petition, but I don't think you'll have any problems filing again since it was so long ago, I think a waiver is not required unless you file more than once within 2 years. 

You will have to show proof that you are legally free to marry though, in this case, your translated divorce decree (Which I assume is in Spanish). 

Hello Aaron,

 

Yes, the divorce decree has been translated from Spanish to English, that’s correct, and I also disclose the previous K-1 petition in my I129-F, so the information is there. 

 

I’m also leaning towards this not being a big deal, but guess I still want to be sure. 

 

Anyone else know if I should include an explanation of my “complicated” past K-1 petition, or if that’s overkill?

 

Thanks! :)

Duane

Edited by Duane & Haney

01/20/2018 – DAY 000 – I-129F packet sent via FedEx

01/22/2018 – DAY 002 – I-129F packet delivered to Lewisville, TX in AM

01/26/2018 – DAY 005 – I-129F text & e-mail confirmation received, check cashed

02/01/2018 – DAY 011 – I-129F NOA1 hard copy received (postmark 1/29 CA to MI)

09/14/2018 – DAY 237 – "official" I-129F NOA2 approval date per paper NOA2

09/17/2018 – DAY 240 – approval date I-129F NOA2 per phone app and "old" USCIS website

09/18/2018 – DAY 241 – call automated USCIS 1-800 number, approval I-129F confirmed

09/19/2018 – DAY 242 – consult new USCIS website. Updated two days late, but approved!

09/21/2018 – DAY 245 – received hardcopy of NOA2 in the mail

10/01/2018 – DAY 255 – NVC received petition from USCIS and case number assigned

10/16/2018 – DAY 270 – NVC sends case file via DHL to Singapore embassy – CEAC status "In Transit"

10/19/2018 – DAY 273 – per DHL tracking case file received by Singapore embassy (Friday)

10/22/2018 – DAY 276 – status per CEAC website tracker now officially "READY" (Monday)

10/23/2018 – DAY 277 – packet 3 sent out by embassy via registered mail

10/25/2018 – DAY 279 – packet 3 delivered to incorrect address, SingPost mail redirect did not work!

10/29/2018 – DAY 283 – contacted embassy and received tracking information for packet 3

10/30/2018 – DAY 284 – retrieved packet 3 directly from SingPost, returned packet 3 via speedpost

10/31/2018 – DAY 285 – packet 3 received by embassy

10/31/2018 – DAY 285 – packet 4 e-mail received from embassy – interview date November 20th

11/01/2018 – DAY 286 – medical exam at Fullerton Clinic completed successfully

11/15/2018 – DAY 300 – medical exam report sent by clinic to embassy

11/20/2018 – DAY 305 – interview in embassy PASSED! review here

11/27/2018 – DAY 312 – K-1 visa picked up at Aramex

01/16/2019 – DAY 362 – POE Detroit Metro Airport review here

05/04/2019 – DAY 470 – send AOS packet (I-485, I-765, I-131)

05/09/2019 – DAY 475 – NOA date I-485 / I-765 / I-131

07/11/2019 – DAY 538 – NOA interview – scheduled for 8/22 Detroit Field Office

Villanelle Experienced

Villanelle   4,122

Posted
Filed: Timeline
Posted

Why did you file a K petition for your wife in 2006. You were married so you filed the wrong forms. It would have been denied ultimately. 

 

i dont see anything complicated here. Include an explanation if youd like. Its not needed but if you want you can include it. It wont hurt you to explain but it also wont help you much. Your fiance may be asked in her interview about your previous relationship and if she is aware you attempted to file, but thats it. 

Duane & Haney Explorer

Duane & Haney   95

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

Damara, payxibka, thanks. :)

 

Consensus is so far that no explanation is needed, as long as I am legally divorced and not a multiple filer, which is the case. 

 

I would definitely be open to any other opinions, but at this point I plan to go forward without potentially complicating things by “over explaining”.

 

Again, appreciate all the input! ;)

Duane

01/20/2018 – DAY 000 – I-129F packet sent via FedEx

01/22/2018 – DAY 002 – I-129F packet delivered to Lewisville, TX in AM

01/26/2018 – DAY 005 – I-129F text & e-mail confirmation received, check cashed

02/01/2018 – DAY 011 – I-129F NOA1 hard copy received (postmark 1/29 CA to MI)

09/14/2018 – DAY 237 – "official" I-129F NOA2 approval date per paper NOA2

09/17/2018 – DAY 240 – approval date I-129F NOA2 per phone app and "old" USCIS website

09/18/2018 – DAY 241 – call automated USCIS 1-800 number, approval I-129F confirmed

09/19/2018 – DAY 242 – consult new USCIS website. Updated two days late, but approved!

09/21/2018 – DAY 245 – received hardcopy of NOA2 in the mail

10/01/2018 – DAY 255 – NVC received petition from USCIS and case number assigned

10/16/2018 – DAY 270 – NVC sends case file via DHL to Singapore embassy – CEAC status "In Transit"

10/19/2018 – DAY 273 – per DHL tracking case file received by Singapore embassy (Friday)

10/22/2018 – DAY 276 – status per CEAC website tracker now officially "READY" (Monday)

10/23/2018 – DAY 277 – packet 3 sent out by embassy via registered mail

10/25/2018 – DAY 279 – packet 3 delivered to incorrect address, SingPost mail redirect did not work!

10/29/2018 – DAY 283 – contacted embassy and received tracking information for packet 3

10/30/2018 – DAY 284 – retrieved packet 3 directly from SingPost, returned packet 3 via speedpost

10/31/2018 – DAY 285 – packet 3 received by embassy

10/31/2018 – DAY 285 – packet 4 e-mail received from embassy – interview date November 20th

11/01/2018 – DAY 286 – medical exam at Fullerton Clinic completed successfully

11/15/2018 – DAY 300 – medical exam report sent by clinic to embassy

11/20/2018 – DAY 305 – interview in embassy PASSED! review here

11/27/2018 – DAY 312 – K-1 visa picked up at Aramex

01/16/2019 – DAY 362 – POE Detroit Metro Airport review here

05/04/2019 – DAY 470 – send AOS packet (I-485, I-765, I-131)

05/09/2019 – DAY 475 – NOA date I-485 / I-765 / I-131

07/11/2019 – DAY 538 – NOA interview – scheduled for 8/22 Detroit Field Office

Duane & Haney Explorer

Duane & Haney   95

Posted
Filed: K-1 Visa Country: Singapore
 Timeline
  • Author
Posted
41 minutes ago, Chris Duffy said:

I don't see any issues on your part. 

 

Just file the petition, I doubt anything will ever be brought up.  US Embassy in Manila won't give it a second thought or mention in my opinion, they don't care about past petitions.

 

 

Thank you, Chris!

 

Appreciate that and good morning. :)

 

This is really a great community...you guys have been super helpful.

 

Duane

01/20/2018 – DAY 000 – I-129F packet sent via FedEx

01/22/2018 – DAY 002 – I-129F packet delivered to Lewisville, TX in AM

01/26/2018 – DAY 005 – I-129F text & e-mail confirmation received, check cashed

02/01/2018 – DAY 011 – I-129F NOA1 hard copy received (postmark 1/29 CA to MI)

09/14/2018 – DAY 237 – "official" I-129F NOA2 approval date per paper NOA2

09/17/2018 – DAY 240 – approval date I-129F NOA2 per phone app and "old" USCIS website

09/18/2018 – DAY 241 – call automated USCIS 1-800 number, approval I-129F confirmed

09/19/2018 – DAY 242 – consult new USCIS website. Updated two days late, but approved!

09/21/2018 – DAY 245 – received hardcopy of NOA2 in the mail

10/01/2018 – DAY 255 – NVC received petition from USCIS and case number assigned

10/16/2018 – DAY 270 – NVC sends case file via DHL to Singapore embassy – CEAC status "In Transit"

10/19/2018 – DAY 273 – per DHL tracking case file received by Singapore embassy (Friday)

10/22/2018 – DAY 276 – status per CEAC website tracker now officially "READY" (Monday)

10/23/2018 – DAY 277 – packet 3 sent out by embassy via registered mail

10/25/2018 – DAY 279 – packet 3 delivered to incorrect address, SingPost mail redirect did not work!

10/29/2018 – DAY 283 – contacted embassy and received tracking information for packet 3

10/30/2018 – DAY 284 – retrieved packet 3 directly from SingPost, returned packet 3 via speedpost

10/31/2018 – DAY 285 – packet 3 received by embassy

10/31/2018 – DAY 285 – packet 4 e-mail received from embassy – interview date November 20th

11/01/2018 – DAY 286 – medical exam at Fullerton Clinic completed successfully

11/15/2018 – DAY 300 – medical exam report sent by clinic to embassy

11/20/2018 – DAY 305 – interview in embassy PASSED! review here

11/27/2018 – DAY 312 – K-1 visa picked up at Aramex

01/16/2019 – DAY 362 – POE Detroit Metro Airport review here

05/04/2019 – DAY 470 – send AOS packet (I-485, I-765, I-131)

05/09/2019 – DAY 475 – NOA date I-485 / I-765 / I-131

07/11/2019 – DAY 538 – NOA interview – scheduled for 8/22 Detroit Field Office

Naes Veteran

Naes   12,205

Posted
Filed: Lift. Cond. (pnd) Country: Japan
 Timeline
Posted

Well just remember the part: Don't get married before you got k1"fiancé" visa this time.

 

On the question: You need to disclose the marriage and divorce etc. however No additional explanation necessary.

Duane & Haney Explorer

Duane & Haney   95

Posted
Filed: K-1 Visa Country: Singapore
 Timeline
  • Author
Posted (edited)
7 hours ago, Naes said:

Well just remember the part: Don't get married before you got k1"fiancé" visa this time.

 

On the question: You need to disclose the marriage and divorce etc. however No additional explanation necessary.

Hi Naes, thanks!

 

With regards to marrying before the K-1 visa, like I wrote above, we applied for the K-3 visa first as is proper. The USCIS denied this petition though, declaring the marriage invalid, i.e. we weren't married. So no wrongdoing on our part.

 

Regarding your answer to my specific question, *thank you very much*, really appreciate you taking the time! :)

Duane

Edited by Duane & Haney

01/20/2018 – DAY 000 – I-129F packet sent via FedEx

01/22/2018 – DAY 002 – I-129F packet delivered to Lewisville, TX in AM

01/26/2018 – DAY 005 – I-129F text & e-mail confirmation received, check cashed

02/01/2018 – DAY 011 – I-129F NOA1 hard copy received (postmark 1/29 CA to MI)

09/14/2018 – DAY 237 – "official" I-129F NOA2 approval date per paper NOA2

09/17/2018 – DAY 240 – approval date I-129F NOA2 per phone app and "old" USCIS website

09/18/2018 – DAY 241 – call automated USCIS 1-800 number, approval I-129F confirmed

09/19/2018 – DAY 242 – consult new USCIS website. Updated two days late, but approved!

09/21/2018 – DAY 245 – received hardcopy of NOA2 in the mail

10/01/2018 – DAY 255 – NVC received petition from USCIS and case number assigned

10/16/2018 – DAY 270 – NVC sends case file via DHL to Singapore embassy – CEAC status "In Transit"

10/19/2018 – DAY 273 – per DHL tracking case file received by Singapore embassy (Friday)

10/22/2018 – DAY 276 – status per CEAC website tracker now officially "READY" (Monday)

10/23/2018 – DAY 277 – packet 3 sent out by embassy via registered mail

10/25/2018 – DAY 279 – packet 3 delivered to incorrect address, SingPost mail redirect did not work!

10/29/2018 – DAY 283 – contacted embassy and received tracking information for packet 3

10/30/2018 – DAY 284 – retrieved packet 3 directly from SingPost, returned packet 3 via speedpost

10/31/2018 – DAY 285 – packet 3 received by embassy

10/31/2018 – DAY 285 – packet 4 e-mail received from embassy – interview date November 20th

11/01/2018 – DAY 286 – medical exam at Fullerton Clinic completed successfully

11/15/2018 – DAY 300 – medical exam report sent by clinic to embassy

11/20/2018 – DAY 305 – interview in embassy PASSED! review here

11/27/2018 – DAY 312 – K-1 visa picked up at Aramex

01/16/2019 – DAY 362 – POE Detroit Metro Airport review here

05/04/2019 – DAY 470 – send AOS packet (I-485, I-765, I-131)

05/09/2019 – DAY 475 – NOA date I-485 / I-765 / I-131

07/11/2019 – DAY 538 – NOA interview – scheduled for 8/22 Detroit Field Office

 
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