K1 visa & finalizing divorce - are we stuck?

[tomuk 25]

To explain our situation: We met and she is US citizen with three kids in US, currently in cool down period of the divorce (LA law, 1 year). Which makes the things more complicated. We know we want to marry and live together for rest of our lives but this makes the things more complicated. Today, Aug 2018, we have to wait until April 2019 to be able to fill the I--129 form, then right now 7 months (which can be increased) leading to November 2019 and finally all the stuff around at embassy etc., seems to be done not earlier than February 2020.

 

Next thing is that I was turn around on US port entry when trying enter with Visa Waiver due to short stay out of US and that I didn't have return ticket (yaaay, I was stupid!). But officers were really nice and I hope they didn't write in paperwork more than they told me. Actually I feel they helped me, question is if it was lie or not. B1 visa denied with reason "apply for K1 visa". Didn't tell them about divorce, though, because I didn't have proof (and honestly, the lady at the embassy didn't care).

 

Reading web, some people tried to fill I-129 before they were free to marry, as they counted with waiting period, and judge in CA was able to give them Divorce Decree with future date. That sounds too risky to me and not to be good idea at all.

 

Attorneys we talked to were not helpful at all.

 

Because of her kids, it's also not an option she will come here and live with me for a while. 1-2 week trips once a month. Bringing kids is too complicated as one started attending school. And we feel frustrated not being able to work on our house etc. etc. etc.

 

Do you have any advice or what to do? Is there anything or we are really stuck in this situation for next 16 months?

 

Last what I want to say is that I resides in the UK since April 2017 and I am Czech Republic citizen (allowing traveling with Visa Waiver only).

 

Also, I found something about "Congressional Inquiry", can this help in this case?

 

Thank you in advance. Any help is highly appreciated.

[geowrian 22,337]

1. She must be free to marry before filing the I-129F. This means she needs to have (and provide with the packet) the final divorce decree. No way around this.
2. It sounds like you were offered a withdrawal of application for entry. If so, and you did not lie to them at all, you should be fine. If you made any material misrepresentations, the CO could find you inadmissible. If you were sent away with an expedited deportation, you would need to have that waived (I-212) - or wait the 5 years for it to expire - before getting the visa.
3. Do NOT file the I-129F before being completely free to marry. This would be a huge waste of time, money, and cause undue stress.
4. It was stupid to enter on the VWP without a return ticket...that is a strict requirement for ESTA travelers.
5. Nothing a congressperson can do about the process...she needs a final divorce decree, then the rest is just a waiting period while they process the petition (and the many petitions in front of you).

Edited August 15, 2018 by geowrian

[Unlockable 7,315]

It may not be what you want to hear but... unfortunately, you are stuck until everyone is free to marry. You are correct that filing for a fiance visa prior to being divorce is risky. It will almost certainly come back to bite you in the future (remember you still have to AOS and ROC after coming on a K1 so that is more chance for immigration to find out someone was not free to marry).

 

Those are the breaks and this is what you have to deal with. It sucks, we know, but sacrifices have to be made when dealing with blended families and immigration. 

 

As for congressional inquiries, I think you are asking about having a Congressperson to help out. This is a method used when an active case is taking longer than usual processing times. This does not apply to you.

 

Best path forward is to continue with visits but don't overdo it (as you found out with your experience). We always advise people to be prepare to be apart for long periods of time when dealing with immigration. In the meantime, you can continue to educate yourself on the entire process so you know what to expect in the future.

 

Best of luck to you.

Edited August 15, 2018 by NuestraUnion

[Unlockable 7,315]

***Moved to "K-1 Fiance(e) Visa Process & Procedures" ***

[SalishSea 17,928]

Unfortunately, you will have to wait like everyone else.   Divorces in New Zealand take two years after separation, and it became a lesson in patience for my fiancé and I.   Just like every step of the way with US immigration.

[tomuk 25]

2 minutes ago, Jorgedig said:

Unfortunately, you will have to wait like everyone else.   Divorces in New Zealand take two years after separation, and it became a lesson in patience for my fiancé and I.   Just like every step of the way with US immigration.

Damn! I guess, we are little bit in better situation. (Still, it didn't help much. 🙂) We found out that it might not be a problem get visitor visa if I will bring evidence why we can't proceed with K1. People get it even when K1 visa is being processed. So we are preparing better document set and we will try it again. Even it might be for short period, I would be really glad if that can work. Even one entry Visa for period of Christmas would make me happy...

 

I read a lot, I can tell you exact process we would have to go through, still, I am hoping there is something I missed and can help us proceed with getting me legally in US. Even if it will take 2 years - what it is in compare with rest of life.

[SalishSea 17,928]

1 minute ago, tomuk said:

Damn! I guess, we are little bit in better situation. (Still, it didn't help much. 🙂) We found out that it might not be a problem get visitor visa if I will bring evidence why we can't proceed with K1. People get it even when K1 visa is being processed. So we are preparing better document set and we will try it again. Even it might be for short period, I would be really glad if that can work. Even one entry Visa for period of Christmas would make me happy...

 

I read a lot, I can tell you exact process we would have to go through, still, I am hoping there is something I missed and can help us proceed with getting me legally in US. Even if it will take 2 years - what it is in compare with rest of life.

Good idea.  Alec has a B-2 visa, even though he’s from a VWP country, and has been using it without any problems to visit me for the past theee years.

 

Just make sure you bring evidence of return ticket, and ties to your country of residence, as you know.   Also, there is some word of there being a loose formula on not over-doing visits (twice the time out of US as in, perhaps?).   CBP doesn’t like it when it appears that someone is using a tourist visa to live in the US part-time.

 

Best of luck!

[debbiedoo 2,339]

you have to wait until your divorce is final.

 

no if ands or buts about it. 

 

i know you think your case is special, but ... its not.

 

at this moment in time you do NOT meet the criteria to file a successful k1 petition. 

 

[tomuk 25]

1 minute ago, debbiedoo said:

you have to wait until your divorce is final.

 

no if ands or buts about it. 

 

i know you think your case is special, but ... its not.

 

at this moment in time you do NOT meet the criteria to file a successful k1 petition. 

 

I don't think case is special. Exactly opposite, I think it's not special at all, we are not from any country which is on watchlist, nothing. Special is maybe in the way that I screwed it up and did mistake. But I guess (hope) it's not that big.

I am just trying "everything" because I don't want to live with thought "there might be something and I am not trying" or "there was something and I haven't done it". I think this is pretty normal and could be respected.
Also, I can imagine, this can someone use tomorrow, week later or month later as a reference.

 

7 minutes ago, Jorgedig said:

Good idea.  Alec has a B-2 visa, even though he’s from a VWP country, and has been using it without any problems to visit me for the past theee years.

 

Just make sure you bring evidence of return ticket, and ties to your country of residence, as you know.   Also, there is some word of there being a loose formula on not over-doing visits (twice the time out of US as in, perhaps?).   CBP doesn’t like it when it appears that someone is using a tourist visa to live in the US part-time.

 

Best of luck!

How can I bring evidence of return ticket when they don't recommend to purchase ticket at all? Yes, I am aware not overstaying, and I am not talking about during one visit, but during whole period. I am out of US longer time now (better to say, I'll when I will request visa again) in compare what I did before, and one visit during Christmas (and maybe another in mid 2019) would be something what would make me at least somehow satisfied.

[Jojo92122 1,924]

13 minutes ago, tomuk said:

Damn! I guess, we are little bit in better situation. (Still, it didn't help much. 🙂) We found out that it might not be a problem get visitor visa if I will bring evidence why we can't proceed with K1. People get it even when K1 visa is being processed. So we are preparing better document set and we will try it again. Even it might be for short period, I would be really glad if that can work. Even one entry Visa for period of Christmas would make me happy...

 

I read a lot, I can tell you exact process we would have to go through, still, I am hoping there is something I missed and can help us proceed with getting me legally in US. Even if it will take 2 years - what it is in compare with rest of life.

You came to on the VWP without a return ticket and was refused entry because of immigrant intent.

 

You said you were denied a B-2 and told to apply for the K1 because of immigrant intent.

Bringing evidence that you can not proceed with a K1 is not a strong tie to your home that would overcome the presumption that you plan to immigrate if granted a visitor visa.  The inability to get a K-1 would be viewed as an incentive for you to use a visitor visa to come to live with your fiancee while waiting to immigrate.  

Accept your fate.  Focus on her visiting you.  Don't waste more time and money going after a visitor visa.  With a denied entry for immigrant intent, a denied B-2 for immigrant intent, and a 2nd B-2 application, you are looking extremely desperate to come to the US.  

 

[tomuk 25]

2 minutes ago, Jojo92122 said:

You came to on the VWP without a return ticket and was refused entry because of immigrant intent.

 

You said you were denied a B-2 and told to apply for the K1 because of immigrant intent.

Bringing evidence that you can not proceed with a K1 is not a strong tie to your home that would overcome the presumption that you plan to immigrate if granted a visitor visa.  The inability to get a K-1 would be viewed as an incentive for you to use a visitor visa to come to live with your fiancee while waiting to immigrate.  

Accept your fate.  Focus on her visiting you.  Don't waste more time and money going after a visitor visa.  With a denied entry for immigrant intent, a denied B-2 for immigrant intent, and a 2nd B-2 application, you are looking extremely desperate to come to the US.  

 

What about this? 

I don't want to say that if it works one, it will work again, but... I have to try. "Wasting" $160 is kind of nothing...

 

[Jojo92122 1,924]

3 minutes ago, tomuk said:

I don't think case is special. Exactly opposite, I think it's not special at all, we are not from any country which is on watchlist, nothing. Special is maybe in the way that I screwed it up and did mistake. But I guess (hope) it's not that big.

I am just trying "everything" because I don't want to live with thought "there might be something and I am not trying" or "there was something and I haven't done it". I think this is pretty normal and could be respected.
Also, I can imagine, this can someone use tomorrow, week later or month later as a reference.

 

How can I bring evidence of return ticket when they don't recommend to purchase ticket at all? Yes, I am aware not overstaying, and I am not talking about during one visit, but during whole period. I am out of US longer time now (better to say, I'll when I will request visa again) in compare what I did before, and one visit during Christmas (and maybe another in mid 2019) would be something what would make me at least somehow satisfied.

The US Embassy does not care if you have a return ticket when interviewing for a visitor visa.  Jorgedig gave you bad advice.  Read the instructions for the DS-160.  The US Government advises not to buy tickets before receiving a visa in hand and that return tickets are not considered in granting a visitor visa. 

[tomuk 25]

Just now, Jojo92122 said:

The US Embassy does not care if you have a return ticket when interviewing for a visitor visa.  Jorgedig gave you bad advice.  Read the instructions for the DS-160.  The US Government advises not to buy tickets before receiving a visa in hand and that return tickets are not considered in granting a visitor visa. 

That's what I thought. Thank you for confirmation.

[geowrian 22,337]

6 minutes ago, tomuk said:

How can I bring evidence of return ticket when they don't recommend to purchase ticket at all?

I think they were referring to going through CBP, not the get the visa. Having a return ticket for the interview is not recommended.

[Jojo92122 1,924]

8 minutes ago, tomuk said:

What about this? 

I don't want to say that if it works one, it will work again, but... I have to try. "Wasting" $160 is kind of nothing...

 

Rock on brother.

I don't see a denied entry for not having a return ticket in violation of the VWP rules in the other person's situation.  That's a big difference between the two cases.  

 

Good luck.  

Edited August 15, 2018 by Jojo92122