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irfan

Engagement while in Divorce proceedings

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Filed: AOS (apr) Country: Pakistan
Timeline

All

Please provide me with any input for the question below.

A friend of mine had separated from his wife for over 10 months and has to wait till its over a year (december 2007) until their uncontested divorce is final. Last month he went home and got engaged. His question is once his divorce is final can he apply for K-1 and will there be any issues why he got engaged even though he was waiting for his divorce to be final. Also will there be a question of his meeting his fiance last month and using the same date for a question in the petition form. Your replies are appreciated.

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Filed: AOS (apr) Country: Philippines
Timeline
All

Please provide me with any input for the question below.

A friend of mine had separated from his wife for over 10 months and has to wait till its over a year (december 2007) until their uncontested divorce is final. Last month he went home and got engaged. His question is once his divorce is final can he apply for K-1 and will there be any issues why he got engaged even though he was waiting for his divorce to be final. Also will there be a question of his meeting his fiance last month and using the same date for a question in the petition form. Your replies are appreciated.

It won't necessarily pose a problem for the I-129F as long as all the requirements for the petition are met when filed. As for the interview at the consulate that will depend.


YMMV

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Filed: Citizen (apr) Country: Canada
Timeline

They ask only that you are free to marry at the time of filing, I doubt they care whether a person's divorce was final and when they got engaged. We were engaged slightly before my husband's divorce was final...but he'd also been separated for quite a while too.

Nothing to worry about I'm sure.


Wiz(USC) and Udella(Cdn & USC!)

Naturalization

02/22/11 - Filed

02/28/11 - NOA

03/28/11 - FP

06/17/11 - status change - scheduled for interview

06/20?/11 - received physical interview letter

07/13/11 - Interview in Fairfax,VA - easiest 10 minutes of my life

07/19/11 - Oath ceremony in Fairfax, VA

******************

Removal of Conditions

12/1/09 - received at VSC

12/2/09 - NOA's for self and daughter

01/12/10 - Biometrics completed

03/15/10 - 10 Green Card Received - self and daughter

******************

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Filed: Timeline
All

Please provide me with any input for the question below.

A friend of mine had separated from his wife for over 10 months and has to wait till its over a year (december 2007) until their uncontested divorce is final. Last month he went home and got engaged. His question is once his divorce is final can he apply for K-1 and will there be any issues why he got engaged even though he was waiting for his divorce to be final. Also will there be a question of his meeting his fiance last month and using the same date for a question in the petition form. Your replies are appreciated.

Not a problem. The consulate isn't interested in playing morality police. They just want to make sure that your relationship is a bona fide relationship and that you were free to marry when you filed.

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I was engaged to my fiance before the divorce was finalized. We were engaged this July and we JUST got the final divorce decree and just filed today. My lawyer told me that it is not a big deal, we just need to be SINGLE in the sense to be able to legally marry at the time of filing. People have relationships while divorces are in process all the time.

No worries!


*****K-1 Timeline*****

12.14.07 I-129F sent to VSC via FedEx

12.17.07 Delivered to VSC at 11:40 AM signed by A. STANLEY

12.18.07 NOA1 date

12.20.07 Check Cashed!!

12.21.07 Touched

12.26.07 NOA1 hard copy received

02.17.08 NOA2 via email!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

02.19.08 Touched

02.20.08 Touched

02.21.08 Touched yet again

03.10.08 Case received in Kingston

03.11.08 DS-130 Part 1 turned in

03.17.08 Appointment to pick up Packet 4

03.18.08 Medical Exam

04.01.08 Interview!!!!!-APPROVED APPROVED!

04.22.08 Visa picked up from Airpack Ocho Rios

05.02.08 Go to Jamaica to pick up my love

05.05.08 Arrival to the US (via JFK)

06.07.08 Miami Wedding!

*****AOS TIMELINE*****

06.18.08 Sent packet to Chicago via FedEx

06.20.08 Delivered to Chicago at 12:28PM signed by J. CHYBA

06.24.08 NOA1 Date for EAD, AP and AOS

06.26.08 NOA1 for AOS received in mail

06.27.08 Touched

07.05.08 Received Biometrics Appointment Letter

07.24.08 Biometrics Appointment

07.28.08 Request for Initial Evidence

08.01.08 National Benefits Center received Evidence and Case resumed Processing

08.19.08 AOS case transferred to CSC

08.22.08 AP arrived in mail-APPROVED

08.25.08 EAD card arrives in mail (no updates or anything about AP or EAD)

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He needs to be legally able to marry to file the petition. I filed the K-1 for Claudeth the day after my divorce was final.


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United States & Republic of the Philippines

"Life is hard; it's harder if you're stupid." John Wayne

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Filed: Other Country: China
Timeline
All

Please provide me with any input for the question below.

A friend of mine had separated from his wife for over 10 months and has to wait till its over a year (december 2007) until their uncontested divorce is final. Last month he went home and got engaged. His question is once his divorce is final can he apply for K-1 and will there be any issues why he got engaged even though he was waiting for his divorce to be final. Also will there be a question of his meeting his fiance last month and using the same date for a question in the petition form. Your replies are appreciated.

Not a problem. The consulate isn't interested in playing morality police. They just want to make sure that your relationship is a bona fide relationship and that you were free to marry when you filed.

I think, "yes and maybe". The Consulate doesn't play morality police but in high fraud posts, recent divorces are red flags, that are easy enough to overcome with plenty of evidence of bona fide relationship. The Consulate may also ask for evidence the most recent spouse has a separate residence. I've seen them ask for SSN and utility bills. A high income petitioner will have less of an issue with this because there's less reason to think he's part of the fraud. The lower the petitioner's income the bigger the red flag in this regard.

No problem with USCIS on this though.


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Understanding the big picture is priceless. Anonymous

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Filed: Timeline

Right. What I mean by USCIS not playing morality police is that they don't care one way or the other how your relationship with the beneficiary happened, whether it was because the petitioner was cheating, separated, or whatever. They just care about the bona fides and the legally able to marry requirement. I think this is what the OP was asking.

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Filed: Other Country: China
Timeline
Right. What I mean by USCIS not playing morality police is that they don't care one way or the other how your relationship with the beneficiary happened, whether it was because the petitioner was cheating, separated, or whatever. They just care about the bona fides and the legally able to marry requirement. I think this is what the OP was asking.

Yes, that point is correct. You actually made it about the Consulate but USCIS is even less concerned about that, at least during the petition stage. USCIS does concern themselves with the bona fides again during AOS.

This is a bona fides issue, not a petition approval issue, if at all.

The OP doesn't specify a stage of the process or government agency but simply asks if there will be any issues to deal with because they got engaged while one was still married and if there were any questions about it on the forms. The answer is that the circumstances of their meeting and engagement are asked about on the petition and they may well be delved into at either or both interviews. The lower the petitioner's income and higher fraud Consulate post involved will increase the likelyhood of this becoming an issue.

It can be overcome with good evidence of bona fides.

My point is the short answer is not "no problem". It is "could be a problem at interview". And yes, if the OP answers question 18 on the I-129F giving a date of engagement that precedes one party's divorce date, you can count on it being noticed and flagged at some point in the process. Remember this is Pakistan.

It is not a reason in and of itself for denial.

Edited by pushbrk

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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