TravisH

2 hours ago, audacieux89 said:

I don't think the OP petitioned for the ex husband? 

Thanks for all your replies.  I did not petition him.  I did sponsor him but he was already living in the us for several years.  He came here as a  teenager.   I was considering waiting for a period of time after my divorce to file the k1 visa but considering that I have already met my future fiancé this past October and I am planning to go to Mexico this February to visit him.  I am accruing all this evidence of trips and photos, texts, card, etc.   We plan on seeing each  other every 3 months or so.  I don't think it would help my case to wait a long period of time to file.  Also Ive read that there is nothing wrong with getting engaged before the divorce is final as long as you don't file until your sure your divorce has been finalized.

3 minutes ago, adil-rafa said:

Still you must prove you are seperated a year.   How?    although it is not needed in NC  /  you are concerned with immigration / protect yourself in this respect and have the proof of each of you living in separate homes

doesn't have to be a court document but proof you are living apart

Thanks.  I will have a lease document that shows me living separately.   Thanks for all your advice.

3 minutes ago, adil-rafa said:

Be ready to show proof you were not still married and living with your husband when you met the other man

Have, at least, separtion papers /  just being in separate residencies is not legally separated 

so, get the paperwork or do a quick divorce and then continue

this is true for all marriages to anyone trying to move with life

good luck to you both / make sure it is real

Thanks for your reply.  I live in North Carolina and in this state there is no official papers to file for separation.  Just that you have been living apart for 1 year.

Thanks to everyone that has replied, this really gives me hope!

I am a natural born us citizen.

Thanks for your reply.  So my current husband, we have been together since 2002 and got married in 2013 when it became legal for us.  We did hire an immigration attorney for the whole process and I have an overwhelming amount of evidence that our relationship was real.  He came over on a visa overstay when he was about 15 years old.  We got married in 2013.  He got his citizenship this past June.  So when our divorce is finalized will will have been married for 5 years.

So I’ve been with my current husband since 2002.   We are a same sex couple.  He is now a citizen and we have come to a mutual agreement to get a divorce.   We have been separated since this past June.   This September I met this great guy from Mexico.   We have really hit it off.   He has visited me here already and I plan to visit him in Mexico the February.  We plan to get engaged and I would like to file a k1 visa for him.   If we have a lot of evidence that our intentions are true how likely it it get get approvedor not?  Thanks.