RFE Cirumcstances of meeting

[ThomasNC1988 762]

5 minutes ago, brandonflude1 said:

 

Yeah, just a small bump I imagine. I've seen cases of them not caring because London isn't a high fraud embassy. We will see though

Yeah unless you have some legal reason IE criminal record or bar you shouldn't be worried. People aren't exactly tripping over each other to sneak into the US from the UK.

[bf__ 501]

1 minute ago, payxibka said:

I have a much larger age gap than eleven years,  I'm not all that worried 

 

Who's older though?

 

I've heard it's worse if the woman is 10+ years older than the man.

[payxibka 10,044]

Just now, brandonflude1 said:

 

Who's older though?

 

I've heard it's worse if the woman is 10+ years older than the man.

I am but I also have 4 children older than she is 

[dwheels76 5,459]

Even though this may seem like an anomaly and rare it's not. When you divorce or having relationship while still married many CO's ill question it.

 

My divorce was finalized 21 days before I married my now husband. But the marriage was over 2 years prior. So I wrote a divorce timeline so they could see this was no looking for love in all the wrong places while married.

 

Like others have said you can't assume a CO knows you were separated and then meeting a new love. They see divorce final and you in a relationship. Clear out the gray areas make it plain spell it out.

[Hughlyn 12]

29 minutes ago, brandonflude1 said:

 

I have a feeling OP received an RFE due to only filling this in.

 

I think if you spend timing typing up a document and attaching it, scanning passports and travel stamps, you should be fine. All they want is proof you are a real couple and have met. 

 

The only requirement is that you are free to marry when you submit the I-129F.

 

 - 

edit: This also says he visited on Dec 4th to Dec 21st of 2018. Unless you're a time traveller, this hasn't happened yet lol - this may be a reason you were flagged.

Yes ,we sent copies of all airline tickets, pictuers, etc and lots of evidence.

[payxibka 10,044]

8 minutes ago, Hughlyn said:

Yes ,we sent copies of all airline tickets, pictuers, etc and lots of evidence.

Just document the time line of the major milestones and you should be fine.  Don't need to add fluff or editorial.  

 

My facts.

Separation.  Aug 2015

Divorce petition served.  June 2016

Mediation completed.   September 2017

Visited my fiancee.   Nov. 2017

Divorce finalized.   Feb 2018

Visit fiancee.   March 2018

Filed i-129f.  April 30, 2018

 

Edited November 8, 2018 by payxibka

[payxibka 10,044]

16 minutes ago, dwheels76 said:

Even though this may seem like an anomaly and rare it's not. When you divorce or having relationship while still married many CO's ill question it.

 

Consulate Officers (COs), maybe but not the uscis

[amforever 46]

What is the concern they are considering when someone is married when meeting the new love for the first time (even before the relationship begins just the actual first time you meet them). I met my fiance while I was still married but my ex and I ended it my previous marriage before starting a relationship with my now fiance, my ex and I filed for divorce long before me and my fiance met in person. Worried now that this may cause a similar rfe as these things did happen all in a very short timeline, I'm just curious as to the grounds for assuming fraud for meeting someone else while still married, even before a relationship begins? Or perhaps I'm missing the point entirely?

[payxibka 10,044]

3 minutes ago, amforever said:

What is the concern they are considering when someone is married when meeting the new love for the first time (even before the relationship begins just the actual first time you meet them). I met my fiance while I was still married but my ex and I ended it my previous marriage before starting a relationship with my now fiance, my ex and I filed for divorce long before me and my fiance met in person. Worried now that this may cause a similar rfe as these things did happen all in a very short timeline, I'm just curious as to the grounds for assuming fraud for meeting someone else while still married, even before a relationship begins? Or perhaps I'm missing the point entirely?

There are many before with similar fact patterns who have had no issues (myself included).  This is an anomaly.   It is not the uscis's job to assess a relationship, but only to assess the eligibility of the USC to petition and the eligibility of the beneficiary to apply for a visa. Period.

[HP+IC 292]

9 minutes ago, amforever said:

What is the concern they are considering when someone is married when meeting the new love for the first time (even before the relationship begins just the actual first time you meet them). I met my fiance while I was still married but my ex and I ended it my previous marriage before starting a relationship with my now fiance, my ex and I filed for divorce long before me and my fiance met in person. Worried now that this may cause a similar rfe as these things did happen all in a very short timeline, I'm just curious as to the grounds for assuming fraud for meeting someone else while still married, even before a relationship begins? Or perhaps I'm missing the point entirely?

This may sound ridiculous but let's assume someone still married seeks a path to come to the US and later on bring their assumed to be ex. By means of a new fraudulent marriage which they soon dissolve. I did't file for divorce until my new (old) relationship has started because I never planned to get into a relationship that soon. I took my time  discussing property division, custody etc. Why file until you are all settled? Once settled, I filed and got it done in about a month. While settlement took about 6 mos.

Edited November 8, 2018 by HP+IC

[amforever 46]

2 minutes ago, HP+IC said:

This may sound ridiculous but let's assume someone still married seeks a path to come to the US and later on bring their assumed to be ex. By means of a new fraudulent marriage which they soon dissolve. 

yes, that makes sense. I am the petitioner though so that situation doesn't seem relevant, maybe I misread if this was an rfe for the petitioner or for the beneficiary?

[payxibka 10,044]

1 minute ago, HP+IC said:

This may sound ridiculous but let's assume someone still married seeks a path to come to the US and later on bring their assumed to be ex. By means of a new fraudulent marriage which they soon dissolve. 

Not the fact pattern here a as it was the USC who was the married party.  I am certain that what you describe has been attempted where an alleged divorced alien married a USC,  gains permanent residence based on that marriage, divorced the USC,  and then remarries the ex.  

[amforever 46]

4 minutes ago, payxibka said:

There are many before with similar fact patterns who have had no issues (myself included).  This is an anomaly.   It is not the uscis's job to assess a relationship, but only to assess the eligibility of the USC to petition and the eligibility of the beneficiary to apply for a visa. Period.

Good to know thank you! It seemed a bit odd to question someone ending a previous marriage or at what time they did it if it wasn't relative to the day you applied for a k1 visa. Thank you

[payxibka 10,044]

Just now, amforever said:

yes, that makes sense. I am the petitioner though so that situation doesn't seem relevant, maybe I misread if this was an rfe for the petitioner or for the beneficiary?

Rfe are only given to the petitionner 

[HP+IC 292]

16 minutes ago, payxibka said:

Rfe are only given to the petitionner 

But every now and then they are RFE'ing the Petitioner regarding Beneficiary's circumstances (like foreign divorce decrees etc). This doesn't work one way where the relationship is evaluated. That said, I still believe that at USCIS stage they seem more concerned with general eligibility and the Petitioner.