RandyM

Jen,

Wishing you the better and brighter future, I saw you mentioned David is depressed, I am sure he is also going thru some major changes emotionally, I hope he overcomes his depression and find happiness and peace.

Life goes on!

Since, there are some opinion in this thread to be straight forward and to be best, it is his intention, and it is the best way to go. There are no fraud here it is a genuine relationship, and the terrible thing happened is he left wife due to marriage issues and had had an extra marital affair for few years, with new partner (fiancee).

He was not clear as to how to address this in the initial filling and at the interview. and once it reaches to the interview phase, I am assuming they will questions the girl.

As mentioned above, there isn't a need to hide, because of child's' filling of k2 or k4 and they will see the timeline and it would match with the letter "How me met". during existing marriage (past). Some suggested hide the child, and change meeting date to more recent after divorce and all will go well, and than file for a child. I have read and seen cases like this all over this forum and other, they are not straight forward in asking. However, I believe they are ill advised and foolish, it may or may work, and huge risk involved possibly a ban.

Anyway, How to be better prepared, from filling to interview?

USCIS may need a reason to put the file away and re-visit after a year or 2, for some minor confusion or suspicion. Similar to what happened with morroco4ever, so, better prepared from filling to interview.

Thanks again.

Thanks

In his case his infidelity.

You mentioned above, is this was part of your situation from the past? I think I read your husband received intent of denial of letter, but after nearly 1 year and your persistent effort 2nd interview went well. I didnt know what was behind then reason for initial denial.

thanks

Sorry, that was misleading. When I said "In his case infidelity" I was referring to your friend. Neither my husband or I were married when we met. Ours was a little more complicated. He has family here in the US. By the questions they asked it was apparent that they thought his sister paid me to marry him. It was all a misunderstanding that started when they asked him what family he has here and his response was his sister and ex brother in law. They thought those two were married, but his sister that is here is still married to the man that petitioned her. The ex is from his other sister that has never been here at all. It mushroomed from there. The sister incident was not mentioned in the NOIR, but I addressed in my rebuttal regardless. After his interview he received my rebuttal back, and on it was a stick it note on the section explaining the confusion. It simply said "his sister". We waited an additional 15 months due to this confusion. It was a nightmare. This is why I stress so much getting it all out in the open in the petition, so it won't haunt you later at the consulate.

In his case his infidelity.

You mentioned above, is this was part of your situation from the past? I think I read your husband received intent of denial of letter, but after nearly 1 year and your persistent effort 2nd interview went well. I didnt know what was behind then reason for initial denial.

thanks

From my own personal experience in my "Nearly" similiar situation.

I met my fiancee and her family when I was getting married in 2001 to another girl overseas. Fastforward 5 years and a failed marraige My fiancee and I started our relationship (BUT AFTER I FILED DIVORCE PAPERS) I became Godfather to her 2 nephews during my past marraige..

My advice is to just tell the truth and don't think about hiding anything. During my fiancees interview she had to answer some questions about our relationship and was asked if she was the reason for my divorce (she wasn't).

Be honest, and lay all of your cards on the table. Im sure they have seen just about any situation possible.

Goodluck

Thanks for being brave and straightforward, I have a question, what did you included in your petition (I-129F0 regarding relationship, and what type of questions were they?

Thanks again for the most of the advice, opinion and moral criticizing from few PERFECT individuals.

I asked a question per the TOS, and seeking help and answer to a question, however, realized being attacked by few moral police, sorry for the question Chavelle

Back to the topic:

rrobin, pointed out specific link and it gave a reference of adultery (moral turpitude) (past law) and how the law was changed as a reason for denial TO , breaking apart viable marriage could be a reason for denial. The way I understand, you could be entitled to the benefit if it didn’t break apart viable marriage. My friend has a child with fiancée (2 years old), during the extra marital affair, it is a genuine relationship, with tons of evidence, from regular visits oversees, and financial support for few years.

morocco4ever, thanks for the advice of being well prepared, what do you suggest, at the time of filling I-129F? You continue to mention be well prepared any suggestions?

I suggested disclose basic facts, child, date met, where etc. Include pictures with the child and fiancée and let them see thru the divorce decree and the time frame met with fiancée. I would greatly appreciate your input, and I truly believe you are trying to help here.

pushbrk, thanks again for your continued valuable input from beginning of this thread, what is your opinion based on the original question?

As many of you can see, this is a not an easy question.

Thanks.

McCain was listed as an example, it appeared he was having affair and applied for license while he was married, if this is moral turpitude? if so, how he is running for a President.

mccain didn't need to get a visa either. so it's off the subject.

this forum is better suited for these types of questions. the mermaid will be by shortly to assist you.

Thanks rrobin,

Excellent link!

so, in 1981, 27 years ago they removed adultery as a reason to deny visa. However, the adultery can be used in combination of the 7 items listed in the book (linked provided by you), item 1 mentions it could be used for denial if the alien "destroy a viable marriage" my question is how does the alien destroy a viable marriage? any input?

Scenario: What if the USC marriage was not going anywhere, when he met an alien, it is possible they had their difference and marriage was not working out, love happens divorce happens 50% rate in US. We know this is not an ideal situation, thats why we all are asking questions.

You are right adultery alone is not CIMT but when it destroys a viable marriage it becomes CIMT. Here is the link, check pages 11-31 and 11-32

http://books.google.com/books?id=W550EYW3O...sult#PPT1161,M1

Charles,

This is the forum we are in "Marriage Based Immigration (K1, K2, K3, etc) to the USA > K-1 Fiance(e) Visa Process & Procedures General Discussion"

I started the thread, and I don't believe she hijacked the thread, the question is IF USCIS see this as a moral turpitude, than why they would they issue K1 Visa and later at the time of AOS deny it as the other posters posting.

I am sorry if this is inappropriate and properly written in a proper thread:

McCain was listed as an example, it appeared he was having affair and applied for license while he was married, if this is moral turpitude? if so, how he is running for a President.

I don't know, I am just asking question and learning.

given the direction this thread has taken, i'm moving it.

Okay it seems like obtaining a Fiancé Visa with extramarital affair is not a problem. However, has anyone experienced any problem due to an extramarital affair in the AOS (adjustment of status) interview???? What I have read is that an extramarital affair that destroys an existing marriage is a 'crime involving moral turpitude' which may result in the denial at AOS. Any thoughts?

it would be best if you posted that as a separate thread in this forum:

http://www.visajourney.com/forums/index.php?showforum=127

pushbrk,

In your opinion, when a fiancee has a petitioners child while the petitioner was married (divorced recently), the child is the proof of extra-marital affair. Do you think this proof is ground for K1 visa denial or future AOS denial?

Thanks

There are different standards for a K1 (or any other) visa and permanent residency. For a temporary visa, they don’t have the resources and time to investigate someone’s past. On the other hand, permanent residency and citizenship are big deals and USCIS spends a lot of time on all kinds of background checks. Even a small misdemeanor can get you in trouble. For example, on I-485, USCIS specifically asks if you have ever committed a crime involving moral turpitude (CIMT).

Remember that immigration has a very weird and nonstandard way of defining CIMT. Therefore, the acts which are not considered crime otherwise can be classified as CIMT for immigration purposes.

Just google “extramarital I-485 OR AOS” and you will see that an extramarital affair that destroys an existing marriage is regarded a CIMT which can render someone inadmissible. You can also google the term “crime involving moral turpitude” to see which crime falls under it.

Well McCain is an American citizen by birth so he is not deportable regardless of his immoral actions.

Unless there was an "arrest" and/or "prosecution" for the affair, their would be no record of any crime in the US or abroad for any adjudicator to consider.

rrobin,

Allow me, as your comments are not sourced. Any suggestions, please feel free to add to this.

What is Moral turpitude and importance for immigration purposes.

http://en.wikipedia.org/wiki/Moral_turpitude

Adultery is included however it was repealed (see INA 101(f)(2) repealed by Public Law 97-116).

Immigration attorney Mr. Tipon writes in this artile http://www.philippinenews.com/article.php?id=2127

"Immigration law requires that an alien be of “good moral character” to obtain certain benefits, like naturalization or voluntary departure when placed in deportation.The Immigration and Nationality Act (INA) § 101(f) (2) formerly provided that: No person shall be regarded as, or found to be, a person of good moral character who, is, or was a person who has committed adultery.

But on December 29, 1981, Congress struck out the provision on adultery in Paragraph 2 of § 101(f), Public Law 97-116 § 2©(1).

Regards,

There are different standards for a K1 (or any other) visa and permanent residency. For a temporary visa, they don’t have the resources and time to investigate someone’s past. On the other hand, permanent residency and citizenship are big deals and USCIS spends a lot of time on all kinds of background checks. Even a small misdemeanor can get you in trouble. For example, on I-485, USCIS specifically asks if you have ever committed a crime involving moral turpitude (CIMT).

Remember that immigration has a very weird and nonstandard way of defining CIMT. Therefore, the acts which are not considered crime otherwise can be classified as CIMT for immigration purposes.

Just google “extramarital I-485 OR AOS” and you will see that an extramarital affair that destroys an existing marriage is regarded a CIMT which can render someone inadmissible. You can also google the term “crime involving moral turpitude” to see which crime falls under it.

Well McCain is an American citizen by birth so he is not deportable regardless of his immoral actions.

Spooky,

You are correct, and some of us know all this and choose the right path of doing things legally, and see others doing things illegally and getting away with it and saving lots of money and time. However, like you said they may have to sleep with 1 eye open.

Bottom line is OP has a wife who is unlawfully present like 12 million+ other people here in the US which grows as each day passes. Unfortunately, USCIS does not or cannot do much about this at the present time. The reality is not many get caught and they find the risk worthwhile. There are many here who entered legally and just stayed, regardless of the type of visa they had. The I-94 expiration means nothing to them. They have false documents, drivers licenses, ss cards etc. They have blended well into their local communities. Their kids go to school. Their neighbors don't know who is legal and who is not. It's not right or legal, but that's the way it is.

If you have money, you can get here one way or another. Go to Juarez, Mexico and you can rent a passport to cross the border. Not to mention corrupt personell on the border. Where there's a will, there's a way. You can buy everything you neeed to survive. You can even swim across the Rio Grande, get a job and the IRS will give you an ITIN # so you can pay your taxes, even though you aren't allowed to be here or work. There is a huge underground network out there if you so chose to live that way, and millions do. The OP has an opportunity to do fix his problem legally, or he can continue to sleep with one eye open until there is some type of immigration reform. I'm tired of the system abuse and the governing bodies that let it go unabated. End of rant.

Interesting question and it does relate to this thread.

Why would they approve the K1 and deny AOS (in the future) based on past affair which led to the marriage. In reference to your comment 'crime involving moral turpitude' Could you cite your source?

Please read the memoir of McCain running for President.

http://www.jedreport.com/2008/08/john-mccains-ch.html

In his 2002 memoir, "Worth the Fighting For," McCain wrote that he had separated from Carol before he began dating Hensley.

"I spent as much time with Cindy in Washington and Arizona as our jobs would allow," McCain wrote. "I was separated from Carol, but our divorce would not become final until February of 1980."

An examination of court documents tells a different story. McCain did not sue his wife for divorce until Feb. 19, 1980, and he wrote in his court petition that he and his wife had "cohabited" until Jan. 7 of that year -- or for the first nine months of his relationship with Hensley.

Although McCain suggested in his autobiography that months passed between his divorce and remarriage, the divorce was granted April 2, 1980, and he wed Hensley in a private ceremony five weeks later. McCain obtained an Arizona marriage license on March 6, 1980, while still legally married to his first wife.

Any thoughts?

yes i agree with others , the consulate does not care about your past relationships or marriages. They care about now in the present make sure you have your divorce final with decree in your hand before filing any papers work with immigration. As long as it is a real relationship. Then your friend should not not be denied for past mariage.

It's reasonably safe to conclude a Consular officer won't make a big issue of having had an affair and illigitimate child with the foreign beneficiary but you can bet your britches they care about previous relationships for many other reasons. I don't see a worry here but your assertion bolded above is far to broad to be accurate.

yes i can understand what you are saying if there have been abuse or fraud in past relationships. thank you

Actually, the more common reason for concern is that the past relationship is currently ongoing and the petitioned relationship is a fraud. Past relationships, including what the parties know about their partner's past relationships often impact the evaluation of the bona fides of currently petitioned relationships.

Okay it seems like obtaining a Fiancé Visa with extramarital affair is not a problem. However, has anyone experienced any problem due to an extramarital affair in the AOS (adjustment of status) interview???? What I have read is that an extramarital affair that destroys an existing marriage is a 'crime involving moral turpitude' which may result in the denial at AOS. Any thoughts?

Any good suggestions out there, or just a a bash to ask friend to sign up and explain....

yankee, please read previous replies, there few few poster similar to this situation and posted REAL experience. You are assuming things and adding "may" this or that.

Please give references and or actual experiences. I am sure you would also appreciate solid advice, anyway, thanks to the several posters who has helped, especially pushbrk great poster with specific answer without unwanted ridicule, judgment, suspicion and bashes.

Good luck to all!

A friend is in this situation, any suggestion?

He is married for past 7 years.

While 4 years into the marriage he met a girl oversees while he was on a trip, she was on holiday away from her country.

They met casually and started talking, via email and phone, he meet her every few months in the past and the present.

Anyway, friendship turned to extramarital affair, and feeling developed within the first year they met. He continued with his marriage and lead this life till now. This affair led to a 2 year old baby girl.

His marriage is just not going anywhere, (they live in the same house separately). He is thinking about divorcing, and marrying her, and file for fiancee visa. This is genuine relationship and with a child.

This is a complex and serious question, please let me know, what he should do. I-129F asked for a proof of meeting in the last 2 years, and past divorce decree, and how met. How should he answer or fill out the forms? During Embassy interview, if I129F is approved, do you think they will ask about his character and question her about baby without marriage, or, having an affair with married man? Could this scenario be a reason in denied K1/K2 visa?

Or should he just furnish proof met, and I-129F show baby as K2.

Thanks,

Randy

Hi, maybe you can ask your " friend" to sign up here at VJ so he can really explain his situation and ask some advices and information. This is my idea..The visa center will ask atleast 2 yrs of supporting documents ( Pictures, emails, money remittances, etc), granting that you have all these and the divorce decree if granted will have a date during " the extramarital affair" this may lead for your fiance to be grill during her interview. If your " friend" and her fiance are ready to prove and convince the consul that would be a factor to pass her interview..

goodluck to your friend..

Thanks True,

There are lots of replies and looks like there are some solutions, some are just having fun.

No worries.

No one is lying or pretending to be someone, I am familiar with his entire situation for a long time, and just as a person may say "you" in a sentence, implaying any 3rd party, same here as "we met" or I referring to poster.

I dont think this is "Hilarious" or funny, there are people here in need looking for help, support, guidance.

I truly wish you get your Fiancee from Thailand, Karpun Karp.

The POINT here is asking for help in a certain scenerio, it could be anyone.

Thanks,

You are mentioning follow I-129f , If he follow, only think he have to mention is the name and date of prior marriages, and the letter how we met, they are just looking to see if we met in the past 2 years. Well there is a big event took place. infidelity, how that supposed to be submitted or is this out of their guideline.

Thank agan

First you wrote, "A FRIEND is in this situation".

Then you wrote "how WE met"....HA busted.

While some Consulates frown on age gaps and previous marriages,

as others have said, they don't deny people because of infidelity. They do care that he's currently married.

He can't petition for an I-129f until he's divorced. They do care that he will need sufficient income to support you.

They also care that you have met in the last 2 years...I think your little bundle of joy (or their birth certificate) will be pretty damned good proof that you two have "met".

NOW...while things aren't going well for him at home, make sure he doesn't make things any worse while he's trying to get out of the marriage.

He needs to get out clean. If there's any domestic violence, or orders of protection, that could be cause for petition denial.

The USA doesn't want you coming here and getting into a dangerous situation. The USA doesn't want to help import victims.

You'll find that most VJers are very intelligent, open minded, people who understand the complexities of life and relationships.

We understand that ####### happens, and that beautiful unexpected things happen, like falling in love with someone in a distant country.

We just hope and pray that after all this hard work, ####### doesn't happen to any of us, and that we can live happily ever after.

Welcome to our community.

Haha, that's hilarious. I've never understood why people lie and say "a friend of mine is in this situation", or "im asking this for my friend". Why can't your friend just sign up and ask the question him/herself?

Well this is Life, things happened. Unfortunately, this forum and other marriage based forums are full of divorces, and people are looking for guidance and support.

I also want to thank other posters with similar situation for their input and sharing, and coming forward with similar past situation.

God Bless.

I dont think some people in here like what you're "FRIEND" did....just observing..I dont either..but who am I to judge?

Thanks Friend,

This is exactly what he is trying to do, they way I-129F is designed, there is no place for him to write. Yo just fill in, they only exception is Part B question 18 "meeting in the past 2 years" so, I assume this can be considered an essay of the meeting in free form. Pushbrk mentioned just to write how you met provide photo etc, and they will 2 and 2 together and see he was married when they met and later had baby,

Thanks

Ling Ling,

Thanks for the advice, he realizes he need to end his divorce and file i-129F within dates after getting a decree. No domestic violence, or criminal records, he also knows, I-134 will be requested at the interview. And if he is short on income, he will have a family member give him i-134 with suppotimg document.

Looking for specific suggestion for submission and interview weather to write all this on the initial file or, JUST answer questions and provide 2 years of documentation, and other related docs to USCIS CSC.

Thanks again.

Thanks,

You are mentioning follow I-129f , If he follow, only think he have to mention is the name and date of prior marriages, and the letter how we met, they are just looking to see if we met in the past 2 years. Well there is a big event took place. infidelity, how that supposed to be submitted or is this out of their guideline.

Thank agan

First you wrote, "A FRIEND is in this situation".

Then you wrote "how WE met"....HA busted.

While some Consulates frown on age gaps and previous marriages,

as others have said, they don't deny people because of infidelity. They do care that he's currently married.

He can't petition for an I-129f until he's divorced. They do care that he will need sufficient income to support you.

They also care that you have met in the last 2 years...I think your little bundle of joy (or their birth certificate) will be pretty damned good proof that you two have "met".

NOW...while things aren't going well for him at home, make sure he doesn't make things any worse while he's trying to get out of the marriage.

He needs to get out clean. If there's any domestic violence, or orders of protection, that could be cause for petition denial.

The USA doesn't want you coming here and getting into a dangerous situation. The USA doesn't want to help import victims.

You'll find that most VJers are very intelligent, open minded, people who understand the complexities of life and relationships.

We understand that ####### happens, and that beautiful unexpected things happen, like falling in love with someone in a distant country.

We just hope and pray that after all this hard work, ####### doesn't happen to any of us, and that we can live happily ever after.

Welcome to our community.

There are no true/false or multiple choice or essay questions on the I-129f form. This is not a "free form" type of application. You answer the questions as they are asked. This is the United States Government. It boils down to you tell the truth or you reap what you sow later.

Please advise your "friend" to spend some time reading the guides at the top of the page here, and just take the time to educate "himself" on the process.

But there is no "I think I will answer this question this way and that question that way" when it comes to this process.

Good Luck to your "Friend"

Divorce will be final, and after few days I-129f submission. This is for Fiance visa and marriage within 90 days of arrival in the USA.

I-129F is fairly simple and on 2nd page put child name(K2)

"Letter how we met with past 2 years" Part B line 18, he would write place and date and few other details. This is the only place to air it out and bring it to their attent IF NEEDED. They may say he held material fact, if not mentioned. Is it possible for them to moral attack him from petition side and her from interview side.

Confused, what he should disclose and what on initial filling and Part B line 18

Thanks again

He can't do anything until his divorce is final. If he then does as you say and marries his foreign girlfriend, she isn't a fiancee anymore, so he would file for CR1 or K3, not a K1 fiancee visa.

For a fiancee visa, they must have seen each other in person during the past two years. For a spouse, the marriage makes that point moot. He can simply explain when and how they met without referring to "infidelity". They'll get the picture when they compare the date of divorce to the date the couple's child was born and it would not become an issue in the visa process. Getting a divorce and marrying a mistress is an old story.

The issue you haven't addressed is the child. Did he file a Consular Report of Birth Abroad so his illigitimate child would have US Citizenship? If not, this should be done now, if possible.

In which country does the foreign girlfried reside and have citizenship? It could make a difference in a number of ways.

[quote

The issue you haven't addressed is the child. Did he file a Consular Report of Birth Abroad so his illigitimate child would have US Citizenship? If not, this should be done now, if possible.

Law States, father cannot go to his US embassy and register birth, if they are not married, (if mother is US Citizen she can do this)

Thanks,

He will get his decree than file. Main question of asking here how to file, is if you look at forms and just straightforward answer questions you will notice he cant include all this affairs and child. He is trying to be truthful, and wants to make sure it is all out in the open for USCIS, without giving them excess or too much information.

Thank you

There isn't a way to fill out the forms, only fill in the forms truthfully otherwise harsh consequences shall follow.

Ling Ling,

Thanks for the advice, he realizes he need to end his divorce and file i-129F within dates after getting a decree. No domestic violence, or criminal records, he also knows, I-134 will be requested at the interview. And if he is short on income, he will have a family member give him i-134 with suppotimg document.

Looking for specific suggestion for submission and interview weather to write all this on the initial file or, JUST answer questions and provide 2 years of documentation, and other related docs to USCIS CSC.

Thanks again.

Thanks,

You are mentioning follow I-129f , If he follow, only think he have to mention is the name and date of prior marriages, and the letter how we met, they are just looking to see if we met in the past 2 years. Well there is a big event took place. infidelity, how that supposed to be submitted or is this out of their guideline.

Thank agan

First you wrote, "A FRIEND is in this situation".

Then you wrote "how WE met"....HA busted.

While some Consulates frown on age gaps and previous marriages,

as others have said, they don't deny people because of infidelity. They do care that he's currently married.

He can't petition for an I-129f until he's divorced. They do care that he will need sufficient income to support you.

They also care that you have met in the last 2 years...I think your little bundle of joy (or their birth certificate) will be pretty damned good proof that you two have "met".

NOW...while things aren't going well for him at home, make sure he doesn't make things any worse while he's trying to get out of the marriage.

He needs to get out clean. If there's any domestic violence, or orders of protection, that could be cause for petition denial.

The USA doesn't want you coming here and getting into a dangerous situation. The USA doesn't want to help import victims.

You'll find that most VJers are very intelligent, open minded, people who understand the complexities of life and relationships.

We understand that ####### happens, and that beautiful unexpected things happen, like falling in love with someone in a distant country.

We just hope and pray that after all this hard work, ####### doesn't happen to any of us, and that we can live happily ever after.

Welcome to our community.

Thanks,

You are mentioning follow I-129f , If he follow, only think he have to mention is the name and date of prior marriages, and the letter how we met, they are just looking to see if we met in the past 2 years. Well there is a big event took place. infidelity, how that supposed to be submitted or is this out of their guideline.

Thank agan

A friend is in this situation, any suggestion?

He is married for past 7 years.

While 4 years into the marriage he met a girl oversees while he was on a trip, she was on holiday away from her country.

They met casually and started talking, via email and phone, he meet her every few months in the past and the present.

Anyway, friendship turned to extramarital affair, and feeling developed within the first year they met. He continued with his marriage and lead this life till now. This affair led to a 2 year old baby girl.

His marriage is just not going anywhere, (they live in the same house separately). He is thinking about divorcing, and marrying her, and file for fiancee visa. This is genuine relationship and with a child.

This is a complex and serious question, please let me know, what he should do. I-129F asked for a proof of meeting in the last 2 years, and past divorce decree, and how met. How should he answer or fill out the forms? During Embassy interview, if I129F is approved, do you think they will ask about his character and question her about baby without marriage, or, having an affair with married man? Could this scenario be a reason in denied K1/K2 visa?

Or should he just furnish proof met, and I-129F show baby as K2.

Thanks,

Randy

Depending on where he lives most consulates will not ask about characters/baby without marriage etc. Which country does he live in? A K1 denial is not based upon personal circumstances ie issues in a marriage/infidelity etc. that I've ever heard on this site. A denial is based on if you do not meet the requirements of a K1. In your case you won't be denied unless you are able to financially support and meet the minimum wage requirements, that you have met within the past two years and you are both free to marry. He is not free to marry at this stage so the K1 does not apply. I would advise him to get divorced, wait til he receives his divorce decree and then apply for a K1. There isn't a way to fill out the forms, only fill in the forms truthfully otherwise harsh consequences shall follow.

A friend is in this situation, any suggestion?

He is married for past 7 years.

While 4 years into the marriage he met a girl oversees while he was on a trip, she was on holiday away from her country.

They met casually and started talking, via email and phone, he meet her every few months in the past and the present.

Anyway, friendship turned to extramarital affair, and feeling developed within the first year they met. He continued with his marriage and lead this life till now. This affair led to a 2 year old baby girl.

His marriage is just not going anywhere, (they live in the same house separately). He is thinking about divorcing, and marrying her, and file for fiancee visa. This is genuine relationship and with a child.

This is a complex and serious question, please let me know, what he should do. I-129F asked for a proof of meeting in the last 2 years, and past divorce decree, and how met. How should he answer or fill out the forms? During Embassy interview, if I129F is approved, do you think they will ask about his character and question her about baby without marriage, or, having an affair with married man? Could this scenario be a reason in denied K1/K2 visa?

Or should he just furnish proof met, and I-129F show baby as K2.

Thanks,

Randy