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Skii

Finally received my divorce before filing K-1 Visa

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Posted (edited)

Hello VJ Family,

 

I’ve found some similar threads relating to my question, but the most recent one is from 2016. I was separated since September 2015 and wasnt eligible to file for divorce until September 2016 due to the  state 1 year required separation due to having a child.I was notified in September 2016 that I would be going overseas (Active Duty) in January 2017 which is where I met my Fiancé & have been together since March 2017. To make a long story short, I’m worried about during the interview, they may question why my divorce took so long (due to the other party not cooperating AT ALL to draft an agreement since 2015 and drag it out for her own benefit and to remain under my insurance) and I proposed to my fiancé prior to my divorce being finalized. Should I give my fiancé all of the motions from the court stating that I have been actively pursuing a divorce?  Please see below timeline 

 

 

Originally Married: June 2012

Separated: September 2015

Eligible to file for divorce: September 2016

Moved overseas: January 2017

Met Fiancé: March 2017

Divorced filed with court: December 2017

Returned back to America: February 2018

Engaged to Fiancé: December 2018

Final Divorce Hearing: April 2019

Judge Signed Decree: May 2019

K-1 VISA Filed and NOA1 received: June 2019

Edited by Skii

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Not sure if it depends on the embassy/country but my husband had no issues at all. Divorces in England take a while. His took nearly two years and we were well into our relationship before it was finalized. I think as long as the K1 wasn't filed before the divorce was final you should be good. Someone correct me if I'm wrong. :)

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Posted (edited)

What state do you live in? I just ask because your profile shows Texas, and IIRC, Texas has a 30 day waiting period after the divorce is signed where you are not still not considered "free to marry", which is required at the time of petitioning.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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@Brittani Ah really?  That’s what I was thinking and I initially wasn’t worried until I started bing watching 90day Fiancé: Happily Ever After on TLC😂😂. Thanks for the reassurance.

 

@geowrian I’m from/live in Virginia, but my divorce was finalized in South Carolina. No waiting period for it to be finalized. According to the USICS instructions, I was suppose to send my petition to the Dallas Lockbox, which was then sent to California for processing. 

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1 minute ago, Skii said:

 

@geowrian I’m from/live in Virginia, but my divorce was finalized in South Carolina. No waiting period for it to be finalized. According to the USICS instructions, I was suppose to send my petition to the Dallas Lockbox, which was then sent to California for processing. 

Gotcha. Then yeah, you're fine. Scared me for a moment... ;)

 

The petition is sent to the Dallas Lockbox. It will be processed at CSC (starting with a "WAC" in the receipt number). Your local field office is based on where you live (and will come into play for AOS later).


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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On 7/5/2019 at 11:51 PM, Skii said:

Hello VJ Family,

 

I’ve found some similar threads relating to my question, but the most recent one is from 2016. I was separated since September 2015 and wasnt eligible to file for divorce until September 2016 due to the  state 1 year required separation due to having a child.I was notified in September 2016 that I would be going overseas (Active Duty) in January 2017 which is where I met my Fiancé & have been together since March 2017. To make a long story short, I’m worried about during the interview, they may question why my divorce took so long (due to the other party not cooperating AT ALL to draft an agreement since 2015 and drag it out for her own benefit and to remain under my insurance) and I proposed to my fiancé prior to my divorce being finalized. Should I give my fiancé all of the motions from the court stating that I have been actively pursuing a divorce?  Please see below timeline 

 

 

Originally Married: June 2012

Separated: September 2015

Eligible to file for divorce: September 2016

Moved overseas: January 2017

Met Fiancé: March 2017

Divorced filed with court: December 2017

Returned back to America: February 2018

Engaged to Fiancé: December 2018

Final Divorce Hearing: April 2019

Judge Signed Decree: May 2019

K-1 VISA Filed and NOA1 received: June 2019

Others have been asked about it in the interview but I haven't seen anyone denied for a recent divorce. As long as you are free to marry when you petition you should be fine.

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50 minutes ago, LaBeach said:

Others have been asked about it in the interview but I haven't seen anyone denied for a recent divorce. As long as you are free to marry when you petition you should be fine.

That’s what I figured, but was still a little nervous about it. 

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Rather than having to drag around a big file of old, dirty laundry (court proceedings), check to see if the state where your divorce was finalized has a state office of vital records, or city/county register is able to provide you a simple document, such as, a "Verification of a Dissolution of a Marriage," or a "Certificate of Dissolution of  Marriage" document. They are typically one page, and just state the people the date, short and sweet, signed and sealed. Mine cost me a couple of bucks, but it was much better than all of the pages of a divorce court proceeding.

 

YMMV,

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Posted (edited)

I don't think you have anything to worry about.

 

In my situation I met my wife while she was still married, but separated. In our state there is a 1 year wait for divorce (ie must prove 1 yr separation). Only then can you file, and it takes a few months from there. We were lucky that her ex-husband wanted out too. I visited several times during this period. When it finally came through we filed for the k1 within the next couple of months.
 

We only formally got engaged (ie ring, few days vacation in nice hotel etc) sometime after applying for the k1, but I guess technically we were engaged since at least filing the k1, and even prior to that we both intended to get married and had discussed it.

USCIS know how these things work. None of what you've described is going to seem suspicious or unusual to them. They know how long divorces can take especially if other half causes problems, and people often move on with dating and even engagement well before the divorce is completed.

Edited by Limey

--- k1 visa ---
Texas Service Center (Abandon Hope All Ye Who Enter Here)
I-129F sent: 12 Aug 2014
I-129F NOA1: 15 Aug 2014
I-129F NOA2: 2 Mar 2015 (199 days from NOA1) **No RFEs!**
NVC Received: 19 Mar 2015
Case#, IIN, BIN assigned: 19 Mar 2015
NVC Left: 20 Mar 2015
Consultate Received: 23 Mar 2015
Package 3 Received: 26 Mar 2015
Medical: 10 Apr 2015
Packet 3 Sent: 10 Apr 2015
Packet 4 Received: 23 Apr 2015
Interview Date: 8 May 2015 (Approved!!!)
Visa Issued: 14 May 2015
Visa in Hand: 19 May 2015
Entry to USA: 5 Jun 2015
Married: 21 Jun 2015

---Adjustment of Status---
Sent I-485, I-131 and I-765: 7 Jul 2015
NOA1 for I-485, I-131 and I-765: 14 Jul 2015
Email notification that I-765 was approved: 12 Sep 2015
Email notification that I-131 was approved: 15 Sep 2015
Email notification that EAD/AP combo card was mailed: 15 Sep 2015
EAD and AP combo card received: 18 Sep 2015
Green Card Received: 3 Dec 2015 [ :)] Previous letter stated interview requirement was likely to be waived

 

---Removal of Conditions---
Sent I-751: 13 Oct 2017
NOA1 for I-751: 23 Oct 2017

Biometrics: 20 Nov 2017
Approved: 20 Dec 2018

Green Card Received: 2 Jan 2019

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On 7/10/2019 at 12:54 PM, Limey said:

I don't think you have anything to worry about.

 

In my situation I met my wife while she was still married, but separated. In our state there is a 1 year wait for divorce (ie must prove 1 yr separation). Only then can you file, and it takes a few months from there. We were lucky that her ex-husband wanted out too. I visited several times during this period. When it finally came through we filed for the k1 within the next couple of months.
 

We only formally got engaged (ie ring, few days vacation in nice hotel etc) sometime after applying for the k1, but I guess technically we were engaged since at least filing the k1, and even prior to that we both intended to get married and had discussed it.

USCIS know how these things work. None of what you've described is going to seem suspicious or unusual to them. They know how long divorces can take especially if other half causes problems, and people often move on with dating and even engagement well before the divorce is completed.

not to mention all the people who just couldn't be bothered with the paperwork. 

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I wouldn't worry about it at all. I was married to a US citizen (K1 Visa process) and we divorced after 2 years and I went back to the UK. I redid the K1 process (with my now 2nd husband) about 6 months after returning back to the UK and about 4 months after my divorce was finalized. Basically if I didn't get a hard time in my interview then I don't think you will 😃 

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18 hours ago, LisaUK said:

I wouldn't worry about it at all. I was married to a US citizen (K1 Visa process) and we divorced after 2 years and I went back to the UK. I redid the K1 process (with my now 2nd husband) about 6 months after returning back to the UK and about 4 months after my divorce was finalized. Basically if I didn't get a hard time in my interview then I don't think you will 😃 

😊 thanks. I was worried due to the fact that’s my fiancé maybe going to the interview a lone and I was worried about them grilling her with questions about it. 

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14 hours ago, Skii said:

😊 thanks. I was worried due to the fact that’s my fiancé maybe going to the interview a lone and I was worried about them grilling her with questions about it. 

No problem. I would be extremely surprised if they even mention it beyond just confirming you are divorced. 

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