Divorce

[JennandJames 19]

I have a weird question. I have been with James since Nov 2015, he has been legally seperated from his wife since 2013. They are getting divorced now because she couldn't afford half of it before and now that he wants it she is making him pay. The divorce date will be well into our relationship,  I'm worried that they will think that he was cheating on his wife.  Should I write a note about all of that?

[bakphx1 785]

I would reference it in the initial letter.  I would also think about waiting a bit to get married.  Some states have laws about how soon you can remarry.  A marriage soon after divorce also is a red flag for visa processing. 

[L and E 305]

I was in a very similar situation. He will have to explain himself when the interview comes around. We were fortunate that his ex provided us with a notarized letter saying that he has been paying her child support since November of 2014 in order to help establish a timeline of separation.. do they have any children he might have been paying child support for? Try to come up with a way to prove they have been separated... have him save any evidence he is paying for the divorce so he can support his claim.. will she write a letter for you guys? I’ve also heard that he himself can include a letter, a sort of affidavit explaining his situation but I myself did not do this, mostly because we didn’t think to and figured he would explain himself if he had to at his interview and hoped the letter from his ex was sufficient along with his divorce records. hope this helps and best of luck! 

Edited March 5, 2018 by L and E

[Boiler 43,433]

I do not see it as an issue, lots of people chat on their spouses, USCIS are not morality police.

[L and E 305]

It’s not really an issue of morality but more an issue of bonafide relationship/fraud... maybe depends on the country though 

[Boiler 43,433]

19 minutes ago, Boiler said:

I do not see it as an issue, lots of people cheat on their spouses, USCIS are not morality police.

 

[L and E 305]

@Boiler I hear you... and we can agree that morality is not what uscis is here to confirm or disconfirm.. however, they are concerned with whether or not the relationship is fraudulent. Seeing as this is their concern, it is our job as the petitioner to remove any doubts that they might have about the relationship. Since morality is not their concern, they would not be too focused on that possibility. They would be concerned about fraud. Therefore,  as it is a possibility to believe fraud might be a factor in a situation where a divorce and the filing of a new marriage (through which someone gains immigration benefits) occurs very close together, it is important to prove to them otherwise. 

[John & Rose 7,237]

2 hours ago, JennandJames said:

I have a weird question. I have been with James since Nov 2015, he has been legally seperated from his wife since 2013. They are getting divorced now because she couldn't afford half of it before and now that he wants it she is making him pay. The divorce date will be well into our relationship,  I'm worried that they will think that he was cheating on his wife.  Should I write a note about all of that?

My only thought is that you should not file a K-1 until both of you are LEGALLY capable of marriage.  Don't file with a statement that one party is waiting on the divorce to be final.  Wait until it is final before you file.

[JennandJames 19]

I'm not doing anything until his divorce is final and we have the divorce certificate. 

[Quiata 130]

5 minutes ago, John & Rose said:

My only thought is that you should not file a K-1 until both of you are LEGALLY capable of marriage.  Don't file with a statement that one party is waiting on the divorce to be final.  Wait until it is final before you file.

Yes, the documents ask the marital status of both the petitioner and beneficiary. The form asks to disclose the name of the previous spouse as well. The best proof that both are eligible for marriage is providing a stamped divorce decree for all previous marriages (for petitioner and beneficiary).

[eastcoastgroove 329]

I don't think it really matters (as long as he is divorced when you file and you can provide a divorce certificate). I met my now husband while I was still technically married (had been separated for a year).  My divorce got finalised on Jan 20th, 2017 and my hubby filed the I129 on Feb. 14th. We had only been in a relationship since August 2016.... So it was also a pretty new relationship when we filed.  We were approved no problem and I wasn't questioned about it in my interview.  I did go through Canada though, which is an easy embassy.

[Cyberfx1024 7,978]

21 hours ago, JennandJames said:

I have a weird question. I have been with James since Nov 2015, he has been legally seperated from his wife since 2013. They are getting divorced now because she couldn't afford half of it before and now that he wants it she is making him pay. The divorce date will be well into our relationship,  I'm worried that they will think that he was cheating on his wife.  Should I write a note about all of that?

I was pretty much in the same situation with my now wife and my x-wife. There was no issues at all due to this. I actually just wrote a paper detailing how I was separated from my wife and met this woman who helped me during a rough period in my life. We have since fell in love and that is why I am petitioning her.

[PaddyGirl13 75]

I was in the same position, seperated from my ex for 3 years when I met my current husband. In Ireland you have to wait 4 years before you can divorce. We were asked in the  green card interview how come we started our relationship while I was still married, we explained the 4 year wait (In total it took just over 5 years to get a divorce). The interviewer had no issue with our answer. I'm sure once you explain they will understand, life goes on after a breakup even if the loose ends are not yet tied up. We didn't front load this information, it never even crossed my mind until he asked at the interview

Edited March 6, 2018 by PaddyGirl13