worried about divorce dates

[Knome 245]

Hi All,

 

We filed for our K1 petition  on 19 th March 2018. we are just getting little nervous about our previous marriages divorce date in divorce certificates.

Although we were living separately from our respective partners long back in 2015 and we met online in december 2015 and fall in love but our actual divorce took place in court around December 2017

(same for both me and my fiance) Is this thing going to affect our K1 petition which is filed on 2018 march ??? Is it seems like a red flag that we got divorces on papers in Dec 2017 and just after few months (i.e. in March 2018) we applied for K1 ? Please let us know your views regarding this as we are really getting worried.

[Roel 7,191]

As long as filed your K1 after the divorce was final, you should be fine.

[Knome 245]

1 minute ago, Roel said:

As long as filed your K1 after the divorce was final, you should be fine.

thanks ..actually my fiance talked her lawyer friend casually day before yesterday and he told that its not good and we should have waited 6 months  atleast

So we became worried 

[Roel 7,191]

They might question you a bit more, but you didn't break any written rules. At least not any I'm aware of.

[debbiedoo 2,339]

my husband (we were separated) passed away a few months after Paul and I started dating. When we met, Paul was separated from and not living with his ex. His divorce wasn't final until March of this year. We filed K1 in May.

 

Of all the things i worry about, that's not one of them.

[HP+IC 292]

4 hours ago, Knome said:

Hi All,

 

We filed for our K1 petition  on 19 th March 2018. we are just getting little nervous about our previous marriages divorce date in divorce certificates.

Although we were living separately from our respective partners long back in 2015 and we met online in december 2015 and fall in love but our actual divorce took place in court around December 2017

(same for both me and my fiance) Is this thing going to affect our K1 petition which is filed on 2018 march ??? Is it seems like a red flag that we got divorces on papers in Dec 2017 and just after few months (i.e. in March 2018) we applied for K1 ? Please let us know your views regarding this as we are really getting worried.

The same makes me uneasy. I (beneficiary) was living estranged since May 2015 and we sort of tried to fix it up to no avail. Then in summer 2017 we figured that what is broken shall cease to exist and started negotiating divorce, custody and property issues. I as a lawyer know that negotiating yields better results than resolving at court and drafted everything myself. In November my naturalized USC now fiance (whom I met 25+ years ago in my country and dated in early 90s for 1 year) discovered that I am close to being free and called. To make a long story short, he visited for Christmas, then I filed for divorce in January 2018, we formally established custody and resolved property issues  and had a final court ruling in March 2018. I only managed to have it so soon just because of those difficult preliminary discussions I conducted myself. After more face time together in May 2018 (also with my minor child) we filed on June 29. We scheduled one more trip together and another Christmas in Ukraine and hopefully he will be at the interview. To the best of my understanding, this is our biggest red flag, other being age gap of 17 years (me 47, him 63) and him being married several times, last time to a Russian woman back in the US who came on tourist visa (finally divorced her about 2 years before starting relations with me). No previous K1 petitions but filed for AOS for her. 

 

Shall I be worried? Thanks.

[Crazy Cat 39,189]

3 hours ago, Knome said:

thanks ..actually my fiance talked her lawyer friend casually day before yesterday and he told that its not good and we should have waited 6 months  atleast

So we became worried 

I think your fiance's attorney was being a little too cautious. 

[Jenny17655 283]

I separated from my ex husband in November 2016. I met my fiancee end of May 2017. My divorce was final in June or July of 2017 and I filed for my fiancee December 2017. It has not caused and issue thus far.

Edited August 25, 2018 by Jenny17655

[MikeMc 38]

Its a moral issue. 

Depends mostly on the 2 countries involved and wether they feel it is a bona-fide relationship.

 

By the time you get your NOA2 you will have been divoced for 6+ months. 

 

I visited and filed a month and a half after my divorce and i am not worried about it. 

 

I would me more worried about proving the relationship is real than that detail. Of course have an answer ready in case they ask about it.

[Knome 245]

1 minute ago, MikeMc said:

Its a moral issue. 

Depends mostly on the 2 countries involved and wether they feel it is a bona-fide relationship.

 

By the time you get your NOA2 you will have been divoced for 6+ months. 

 

I visited and filed a month and a half after my divorce and i am not worried about it. 

 

I would me more worried about proving the relationship is real than that detail. Of course have an answer ready in case they ask about it.

okhay ...well we were not initially worried at all...it was only after my fiance's attorney friend mentioned abt it.

and about my country's divorce procedure...we have to be   living separately  at least  for a period of one year before we even file for divorce and then after filing we have a wait period of 6 months then in second hearing after 6 months we get actual divorce , but idk if USCIS would be aware of all this 

[HP+IC 292]

26 minutes ago, Knome said:

okhay ...well we were not initially worried at all...it was only after my fiance's attorney friend mentioned abt it.

and about my country's divorce procedure...we have to be   living separately  at least  for a period of one year before we even file for divorce and then after filing we have a wait period of 6 months then in second hearing after 6 months we get actual divorce , but idk if USCIS would be aware of all this 

They should be. E.G., in my country NOW  divorce becomes final when your divorce decree becomes vaild, and you will only know once you get your copy. Then you technically are free to remarry. Previously you should have registered your divorce decree with another authority and got a certificate of divorce as a proof of a final divorce. That said, I've read USCIS is guided by a sort of manual which refers to different legal arrangements particular to certain countries and when in doubt, they are encouraged to seek advice (legal opinion) from the Department of State or another relevant authority. I may be mistaken about exact names but the procedure is just as described.

[Knome 245]

3 minutes ago, HP+IC said:

They should be. E.G., in my country NOW  divorce becomes final when your divorce decree becomes vaild, and you will only know once you get your copy. Then you technically are free to remarry. Previously you should have registered your divorce decree with another authority and got a certificate of divorce as a proof of a final divorce. That said, I've read USCIS is guided by a sort of manual which refers to different legal arrangements particular to certain countries and when in doubt, they are encouraged to seek advice (legal opinion) from the Department of State or another relevant authority. I may be mistaken about exact names but the procedure is just as described.

Well I have my divorce decree with me and its valid , we have attached an original as well as English translated copy of same in our K1 petition

[HP+IC 292]

3 minutes ago, Knome said:

Well I have my divorce decree with me and its valid , we have attached an original as well as English translated copy of same in our K1 petition

Same here except that we attached a notarized copy + notarized translation. I keep that particular original copy for the interview and have also ordered another original copy for use in tbe USA. In my understanding, filing an original with I-129F does not relieve the Beneficiary from presenting an original at the interview again.  

[Knome 245]

1 minute ago, HP+IC said:

Same here except that we attached a notarized copy + notarized translation. I keep that particular original copy for the interview and have also ordered another original copy for use in tbe USA. In my understanding, filing an original with I-129F does not relieve the Beneficiary from presenting an original at the interview again.  

ohh yes...by original i meant scanned copy of original decree.. and one notarized translation ( i sent scanned copy of all the orignal docs through mail to my fiance)

[JFH 12,189]

I think you might have a hard time convincing the CO at the embassy in India that the relationship is genuine as you went from a mixed-sex marriage to a same-sex engagement in a very short space of time. I am not judging you and I'm not saying the relationship is not genuine. But what will the interviewing officer think? Are same-sex relationships commonplace in India?