Finally received my divorce before filing K-1 Visa

[Skii 7]

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 July 6, 2019 by Skii

[Brittani 484]

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. :)

[geowrian 22,335]

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 July 6, 2019 by geowrian

[Skii 7]

@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. 

[geowrian 22,335]

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).

[Skii 7]

Lol my bad. Thanks for the response 

[LaBeach 29]

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.

[Skii 7]

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. 

[Pitaya 2,576]

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,

Good luck on your immigration journey.

[Limey 550]

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 July 10, 2019 by Limey

[LaBeach 29]

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. 

[LisaUK 22]

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 😃 

[Skii 7]

On 7/13/2019 at 7:07 PM, LaBeach said:

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

 Smh the process sucks, especially depending on the state that you file for divorce in. 

[Skii 7]

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. 

[LisaUK 22]

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.