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noodle192000

Will a past K-1 marriage count against me?

By noodle192000 in K-1 Fiance(e) Visa Process & Procedures

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noodle192000 Newbie

noodle192000   1

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Hi, Everyone,

 

Ten years ago I brought a man over from China on a K-1 visa and the marriage did not last a year.  Long story short, I had a miscarriage and he disappeared, prompting me to file for divorce.  Years later, he messaged me to let me know that he ended up back in China after "doing some stupid things" in the state he ran off to, but I did not get details on whether or not he went by choice or got into legal trouble and was deported.  I do have medical records that verify the pregnancy, etc. but since our marriage was so short we didn't have any joint leases or anything like that.

 

So, fast forward to today.  I have not been married since but have been dating a researcher at a  local university who is here with a J visa and he has expressed an interest in getting married.  I am terrified, though, that the disaster of the past marriage will come back to haunt me with immigration.  Does anyone have any experience with this?  

 

Just Paul Veteran

Just Paul   4,595

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted

No issue with the prior K1.

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

JMPM Community Regular

JMPM   507

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
Posted

You may want to research J-1 waivers if he is restricted with the 2 year residency rule. 

01/28/2019 - Mailed Express Mail USCIS Lockbox Phoenix

01/29/2019 - Received by Phoenix Lockbox
02/04/2019 - Receipt Notice Via Text Message assigned to Nebraska Service Center 

noodle192000 Newbie

noodle192000   1

Posted
Filed: Timeline
  • Author
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7 minutes ago, JMPM said:

You may want to research J-1 waivers if he is restricted with the 2 year residency rule. 

I have.  My main concern is that the past marriage would make it so it wouldn't even be possible.

JMPM Community Regular

JMPM   507

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
Posted
Just now, noodle192000 said:

I have.  My main concern is that the past marriage would make it so it wouldn't even be possible.

You won't have an issue as long as your divorced. Life happens and they know that. 

01/28/2019 - Mailed Express Mail USCIS Lockbox Phoenix

01/29/2019 - Received by Phoenix Lockbox
02/04/2019 - Receipt Notice Via Text Message assigned to Nebraska Service Center 

SalishSea Grand Master

SalishSea   17,916

Posted
Filed: Lift. Cond. (apr) Country: New Zealand
 Timeline
Posted
2 hours ago, noodle192000 said:

Hi, Everyone,

 

Ten years ago I brought a man over from China on a K-1 visa and the marriage did not last a year.  Long story short, I had a miscarriage and he disappeared, prompting me to file for divorce.  Years later, he messaged me to let me know that he ended up back in China after "doing some stupid things" in the state he ran off to, but I did not get details on whether or not he went by choice or got into legal trouble and was deported.  I do have medical records that verify the pregnancy, etc. but since our marriage was so short we didn't have any joint leases or anything like that.

 

So, fast forward to today.  I have not been married since but have been dating a researcher at a  local university who is here with a J visa and he has expressed an interest in getting married.  I am terrified, though, that the disaster of the past marriage will come back to haunt me with immigration.  Does anyone have any experience with this?  

 

Are you legally divorced from the first man?

 

USCIS would only care if it had been under two years ago that you petitioned for the K-1, and were now petitioning for a second one.

 

Probably the best option is to marry while he is here on the J-1, file an I-130 and an I-485, and then try for a J-1 HRR waiver if applicable.

noodle192000 Newbie

noodle192000   1

Posted
Filed: Timeline
  • Author
Posted
3 minutes ago, Jorgedig said:

Are you legally divorced from the first man?

 

USCIS would only care if it had been under two years ago that you petitioned for the K-1, and were now petitioning for a second one.

 

Probably the best option is to marry while he is here on the J-1, file an I-130 and an I-485, and then try for a J-1 HRR waiver if applicable.

Yes, we legally divorced in November 2010, thankfully. Thanks for the info...I'm looking into it. 

laylalex Veteran

laylalex   7,293

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

This won't be a problem. I have a previous K1 marriage and am going to be marrying my L1B boyfriend in the next year or so. I was advised on here that my previous marriage won't affect my upcoming marriage. Good luck and best wishes!

Nitas_man Experienced

Nitas_man   3,100

Posted
Filed: Other Country: Saudi Arabia
 Timeline
Posted
19 hours ago, noodle192000 said:

Hi, Everyone,

 

Ten years ago I brought a man over from China on a K-1 visa and the marriage did not last a year.  Long story short, I had a miscarriage and he disappeared, prompting me to file for divorce.  Years later, he messaged me to let me know that he ended up back in China after "doing some stupid things" in the state he ran off to, but I did not get details on whether or not he went by choice or got into legal trouble and was deported.  I do have medical records that verify the pregnancy, etc. but since our marriage was so short we didn't have any joint leases or anything like that.

 

So, fast forward to today.  I have not been married since but have been dating a researcher at a  local university who is here with a J visa and he has expressed an interest in getting married.  I am terrified, though, that the disaster of the past marriage will come back to haunt me with immigration.  Does anyone have any experience with this?  

 

Not after so long

 
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