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dattran1116

K-1 Need help for my Case!

By dattran1116 in K-1 Fiance(e) Visa Process & Procedures

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dattran1116 Contributor

dattran1116   12

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I am the US citizen thru marriage with my ex wife ( us citizen was born in the US).( I came to the US by F-1 student visa)

We legally seperated in 04/02/2021 and Got the finalized divorce in 10/28/2021.

In 02/2022 i back to my native country and meet my fiancee overthere. 

In June,2022 I was back to my country 1 more time to meet my fiancee, proposed her and stay there until September, 2022.

In August,2022 we celebrated the engagement party and I was back to the US after that.

When I can file a k-1 visa for my spouse after divorce? I heard that we need to file a petition for her after 2 years since the divorce was finalized.

Please give me some advises! Thanks in advance.

I appreciate u guys

TBoneTX Grand Master

TBoneTX   45,451

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Filed: Citizen (apr) Country: Ecuador
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You can't file a K-1 visa for your "spouse."  You would file an I-129F petition for your fiancee; upon petition approval, your fiancee would apply for a K-1 visa.  To file this petition, you and your fiancee would have had to have met in person at least once within 2 years of the petition's filing.

 

For a spouse (someone to whom you're already married), you would file an I-130 petition; upon petition approval, your wife would apply for a CR-1 visa.

 

You could have filed an I-129F petition on 10/29/2021, or as soon as you had the divorce certificate in your hands.

 

It sounds as though you need to read the Guides (see the top of any VJ screen).  Become an "A" student of the immigration process.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Timona Experienced

Timona   4,207

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Filed: Citizen (apr) Country: Kenya
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Posted

The engagement party may be your downfall, depending on your country. 

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

dattran1116 Contributor

dattran1116   12

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1 hour ago, TBoneTX said:

You can't file a K-1 visa for your "spouse."  You would file an I-129F petition for your fiancee; upon petition approval, your fiancee would apply for a K-1 visa.  To file this petition, you and your fiancee would have had to have met in person at least once within 2 years of the petition's filing.

 

For a spouse (someone to whom you're already married), you would file an I-130 petition; upon petition approval, your wife would apply for a CR-1 visa.

 

You could have filed an I-129F petition on 10/29/2021, or as soon as you had the divorce certificate in your hands.

 

It sounds as though you need to read the Guides (see the top of any VJ screen).  Become an "A" student of the immigration process.

Thanks so much.

I mean I will file a I-129F for my spouse and she will be interviewed in my native country (where my fiancee live).

Is it good to file a I-129F after 1 year of divorce or I have to wait 2 more year since the day I divorced?

dattran1116 Contributor

dattran1116   12

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32 minutes ago, Timona said:

The engagement party may be your downfall, depending on your country. 

oh i thought wedding party will be my downfall. Engagement party is just a pre-wedding party in my country.

Wedding party need the marriage certificate while engagement party doesnt need it.

Timona Experienced

Timona   4,207

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Filed: Citizen (apr) Country: Kenya
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Posted

I did  state, depending on country. 

 

Which country are we talking about?

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

Boiler Grand Master

Boiler   45,641

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Filed: K-1 Visa Country: Wales
 Timeline
Posted

Obviously you can expect greater scrutiny, also depending on Country.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

dattran1116 Contributor

dattran1116   12

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10 hours ago, Timona said:

I did  state, depending on country. 

 

Which country are we talking about?

My native country is Vietnam. thanks so much

9 hours ago, Boiler said:

Obviously you can expect greater scrutiny, also depending on Country.

It's Vietnam so Idk if my native country is on the blacklist or not. Thanks so much

Chancy Grand Master

Chancy   6,241

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Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
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10 hours ago, dattran1116 said:

I mean I will file a I-129F for my spouse and she will be interviewed in my native country (where my fiancee live).

 

If you are not married, you should not call your fiancee your "spouse" or "wife".  Calling your beneficiary "spouse" and having an engagement party that could be mistaken for a wedding party may lead the consul officer to suspect that you are already married and that your beneficiary does not qualify for a K1 visa.  These details matter so take care not to give the wrong impression to immigration officials.

 

SalishSea Grand Master

SalishSea   17,915

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Filed: Lift. Cond. (apr) Country: New Zealand
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11 hours ago, dattran1116 said:

I-129F for my spouse

This is not the correct form to petition a spouse.  Please read the guides thoroughly.

Lil bear Mentor

Lil bear   4,247

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Filed: Citizen (apr) Country: Australia
 Timeline
Posted (edited)
11 hours ago, dattran1116 said:

Thanks so much.

I mean I will file a I-129F for my spouse and she will be interviewed in my native country (where my fiancee live).

Is it good to file a I-129F after 1 year of divorce or I have to wait 2 more year since the day I divorced?

Stop calling her your “spouse”. If you are not married then she is your fiancée 

 

Expect significant scrutiny of your first marriage due to the time line of your previous applications. They will be looking for solid evidence of a relationship that was not  just so you could AOS and get a GC. Not saying you did but USCIS is going to presume this unless other wise demonstrated.. 

 

When was the date of your first marriage? 

Edited by Lil bear
dattran1116 Contributor

dattran1116   12

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34 minutes ago, Lil bear said:

Stop calling her your “spouse”. If you are not married then she is your fiancée 

 

Expect significant scrutiny of your first marriage due to the time line of your previous applications. They will be looking for solid evidence of a relationship that was not  just so you could AOS and get a GC. Not saying you did but USCIS is going to presume this unless other wise demonstrated.. 

 

When was the date of your first marriage? 

thanks for your great information. First marriage date is 10/23/2017. 

45 minutes ago, Jorgedig said:

This is not the correct form to petition a spouse.  Please read the guides thoroughly.

oh thanks. i mean my fiancee. I used the wrong word. thanks so much for letting me know

dattran1116 Contributor

dattran1116   12

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1 hour ago, Chancy said:

 

If you are not married, you should not call your fiancee your "spouse" or "wife".  Calling your beneficiary "spouse" and having an engagement party that could be mistaken for a wedding party may lead the consul officer to suspect that you are already married and that your beneficiary does not qualify for a K1 visa.  These details matter so take care not to give the wrong impression to immigration officials.

 

oh i understand now. Thanks so much for letting me know

Carpe Vinum Proficient

Carpe Vinum   2,327

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Filed: Citizen (apr) Country: Philippines
 Timeline
Posted

Just erase the word spouse from your mind until you are actually married 😉 I know it can be difficult when English is not your first language and some words can be interchangeable in your mind. Good luck in your journey :thumbs:

Finally done...

 

 

dattran1116 Contributor

dattran1116   12

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1 hour ago, Carpe Vinum said:

Just erase the word spouse from your mind until you are actually married 😉 I know it can be difficult when English is not your first language and some words can be interchangeable in your mind. Good luck in your journey :thumbs:

yes I have a lesson from now on. Thanks so much.

 
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