US_SL

You might want to rethink any approach to a K-3 - http://www.visajourney.com/news/2010/02/07/department-of-state-to-close-k-3-visas-if-i-129f-and-i-130-petitions-approved-and-received-together/

Regardless of Visa Type, grilling is not optional - most ppl call it 'interview with Consular Official'.

Thank you for your response. Another non-I visa! May eb if things go south. I thought about this very deeply today and came up with idea below:

what if i submit a very detaild statement in regards to my previous marriage to the embassy with supports of the settlement when my fiancee submit teh documents when packet 3 comes? I will explain everything in detail as far as what happened! There is nothing to hide for me. The reason being is US Consulate in SL is not a big one and they are not that busy comparing to other posts (they issued only 31 K-1 in 2009, i found out today in state dep website, NOT 18 as i said earlier)so the CO have enough time to read the story and know the matter well when my fiancee face the interview. Because i doubt my fiancee will have enough time to explain the matter well because most of the time CO made up their mind prior to what they do.

Any thought!

Thanks so much. It's all in the details and all little things matter. Now time to get started on the long road ahead.

Hello, out of these three previous wives, did you get anyone from a different country? I meant was did one of your wife was migrated here because of your citizenship?

I am asking this as i have a similar situation but my ex-wife migrated here about 3 years ago.

Thanks

It makes little difference that I can see. If they suspected the divorce was obtained to make it possible for one party to immigrate and eventually help the other to immigrate, then the only thing that would matter was whether the ex-husband was American. He's not. Additionally, even if they presume she has no intention of helping her ex-husband immigrate, they might still suspect she wants to help other members of her family in Sri Lanka to immigrate. Or, perhaps her ex-husband tried and failed to get a work visa to come to the US and work for a US hotel chain. There are many variations of the scheme that could apply. The common thread for all of them is that both parties had overlapping relationships and recent divorces. I don't see how the consulate would not think this was worth investigating.

Jim, Thanks,

I totally understand and they have a right to grille her. It's just that if the CO is a lady then will be great. Also, they kind of need to give her enough room to explain teh whole nine yard. Usually that is not teh case with US CO's abroad. Her ex husband made a heaven with thai girls and you knwo what i mean.

My divorce settlement, her extensive travel, still carries valid visas to schenagan region and a 10 year valid UK visa plus married to a German and my income is in high 80's can make a differeence in this case i think. Worse come to worse, if thy reject her, i will go and get married and file for immigrant visa instead K-3 and having her grilled at the CO. Plus she rcenetly got a great executive job and those CO's probably dine in their as sri lanka is a very small country and the place she works is well renowed... Lets hope for the best.

I was initially thinking to submit the divorce settlement with DS-230 but i think i should wait until they ask. Thye might not even ask that much as you know teh divorce rate in US is about 50% as well as it has already been close to 5 years by teh time she intervews since my last submittal of the i-864.

Red flags, yes but no so big because HER ex husband is German, not Sri Lankan. The couple should be well prepared to answer any and all questions about this at the interview and have plenty of other evidence of bona fides including, if possible, more time together before the interview.

Thanks Jim. I thought so too. She had a 10 times of a luxury life than i am. Because her ex was a big hotelier and they stayed in amazing palces i ONLY can dream of... She was just looking for simple things in life just like doing grocery together and cook at home and watcha movie at home...because she has been around and none didn't amke her happy.

Jim, thanks for the insight.

I didn't explain anything in that 5 page letter except my relationship with my fiancee. But on and off i mentioned that we both were married to wrong people and ended up disastrously. Regarding the settlement, i voluntaraly gave those because no matter what she wasted 7 years with me as well and i wanted to have those.

I-134 asks whether i ahev submitted affidavits earlier and when, i sumitted the i-864 back in february 2006 and by the time my fiancee goes to teh interview it will be almost close to 5 years after. And we were married for 7 yeras. No kids, i am 36.

It is not a custome for sri lankans to marry foreighners. It is just that generally they don't get married for scams or for benefits. It s a nation with great civility just like in india. 1% could be married to foreighners. That's the perpective,

Sri lankan divorce law is coming from almost 70 years ago and have only 3 categories to go for it. My ex relaize no point of fighting becasue that is teh right thing to do. Make the move when we dont ahev any kids. Hope thsi helps!

A curse? I don't know if I'd use that word. I had two previous divorces and my wife had one, and we got a K1 visa out of one the toughest consulates in the world. It's not the divorces, per se, that raises suspicion. It's the fact that you were both married when you met, both got divorced, and filed the petition soon after the divorces were final. This is a trademark pattern of a classic visa scam. I already described to you how the scam works. The consular officer is likely to suspect it, and look for further evidence of it.

I know know anything specifically about the consulate in Sri Lanka. I imagine the fact that she has traveled would help explain why she's engaged to a foreigner. Whether that alone will be enough, I don't know. Do people from Sri Lanka not marry foreigners simply because they don't meet many of them, or is there some sort of social taboo against marrying outsiders? The consulate will take local social and religious traditions into consideration when evaluating the relationship. People in Vietnam get shot down at the interview all the time for not having observed the Vietnamese customs and traditions in the development of their relationship.

You gave her a settlement because the family court judge ordered you to. Family courts have nothing to do with immigration. In some states, family courts are required to ensure an equitable settlement even if one party doesn't really want anything from the other party. There have also been cases of people who were helped to immigrate to the US using a sham marriage and then turned around and screwed the petitioner in divorce court. Why? Just because they could. Hopefully, your divorce decree spells out how things played out during the settlement, and the consular officer will bother to read it, and it will alleviate some of the consular officer's suspicions. They will certainly be suspicious about it because you sponsored an immigrant wife before, and then divorced her so you could sponsor another one.

Look, I'm going to be honest with you. I've already spent more time reading and thinking about your case then a consular officer is going to. I've also read explanations for the red flags that a consular officer may never read or hear. Looking at this from the perspective of a consular officer, I would be suspicious about it. Did you explain this entire situation, including the circumstances with your ex-wife, in that five page letter you included with the petition?

Jim, thanks for the insight.

I didn't explain anything in that 5 page letter except my relationship with my fiancee. But on and off i mentioned that we both were married to wrong people and ended up disastrously. Regarding the settlement, i voluntaraly gave those because no matter what she wasted 7 years with me as well and i wanted to have those.

I-134 asks whether i ahev submitted affidavits earlier and when, i sumitted the i-864 back in february 2006 and by the time my fiancee goes to teh interview it will be almost close to 5 years after. And we were married for 7 yeras. No kids, i am 36.

Be very CAREFUL when answering that particular question. It's a tricky question used by CO's to see if any answer you give them can be used to deny the K1 visa. Here is MY PERSONAL EXPERIENCE (I am the USC and I was at the interview):

CO: Why did you apply for a K1? Why didn't you get married here and then apply for a K3 or a CR/1?

Me: Well, I have kids that he never met. We wanted him to come over first and meet my kids as my fiance first and then once the ice was broken, we would get married.

Fast forward to the end: His K1 visa application was denied. Based on my answer. They interpreted my answer to mean that I just wanted to "understudy" him first and that I "needed" my kids approval to get married. That I had no serious intentions of marrying him. That my intentions were based on external events that had to meet with my approval first.

In retrospect (20/20 hindsight), what I SHOULD have said was this:

CO: Why did you apply for a K1? Why didn't you get married here and then apply for a K3 or a CR/1?

Me: I want my whole family, which is very large, to be at our wedding.

This answer would NOT have given them any chance to misconstrue.

You get my point here???

Good luck to you.

Debby, Can you please weigh into my other thread under both pet/ben are divorced? If you can read teh complete correspondence from others and my input you can get a better idea of where i stand. I think that will be the hardest part of my fiancee interview...PLEASE

JimVA, Please weigh in as i am waiting for your insight. I posted additional comments that makes thsi unique as far as divorce settlement and all..please see my responses and weigh in...

Can someone read the story and weigh in please. This is the most complicated part of teh K-1 interview for my fiancee...

I don't know if Sri Lanka is a tough consulate, but if it is...

You met while you were both still married, and you are both now recently divorced. Big red flag.

You are a naturalized citizen, and your ex-wife immigrated based on her marriage to you. Big red flag.

One possible scenario the consular officer might suspect is that you both divorced solely to be eligible to pursue a fiancee visa. In this scenario, they would suspect you're going to bring her over here, help her get a green card, citizenship in three years, and then divorce. After that, she petitions for her ex-husband. Eventually, the entire family comes to the US. If your income is low (e.g., if you need a co-sponsor) then they might even suspect you're being paid to do this. The fact that you are a naturalized citizen and brought your previous wife over here through marriage might make them suspect you've been involved in a similar scheme already.

There is a VJ member who is in a similar situation - met while both he and his fiancee were still married, and both recently divorced just before filing the petition. He didn't have the previous immigrant wife, and he doesn't have a low income. As far as I know, he also isn't a naturalized citizen. His fiancee has been in AP for several months now primarily because of the recent divorces.

Again, I don't know if Sri Lanka is a tough consulate, but given the relative economic disparity between Sri Lanka and the US, my guess is that it probably is. I think your fiancee may have a tough time at the interview.

JimVA, Please weigh in as i am waiting for your insight. I posted additional comments that makes thsi unique as far as divorce settlement and all..please see my responses and weigh in...

I don't know if Sri Lanka is a tough consulate, but if it is...

You met while you were both still married, and you are both now recently divorced. Big red flag.

You are a naturalized citizen, and your ex-wife immigrated based on her marriage to you. Big red flag.

One possible scenario the consular officer might suspect is that you both divorced solely to be eligible to pursue a fiancee visa. In this scenario, they would suspect you're going to bring her over here, help her get a green card, citizenship in three years, and then divorce. After that, she petitions for her ex-husband. Eventually, the entire family comes to the US. If your income is low (e.g., if you need a co-sponsor) then they might even suspect you're being paid to do this. The fact that you are a naturalized citizen and brought your previous wife over here through marriage might make them suspect you've been involved in a similar scheme already.

There is a VJ member who is in a similar situation - met while both he and his fiancee were still married, and both recently divorced just before filing the petition. He didn't have the previous immigrant wife, and he doesn't have a low income. As far as I know, he also isn't a naturalized citizen. His fiancee has been in AP for several months now primarily because of the recent divorces.

Again, I don't know if Sri Lanka is a tough consulate, but given the relative economic disparity between Sri Lanka and the US, my guess is that it probably is. I think your fiancee may have a tough time at the interview.

Here is another insight to this! When i got divorced there was a nice settlement involved also. Car/ piece of land in sri lanka / alimony for almost 12 months..so, can anyone think that it was a fake marriage based on those? It it was only a green card my ex wanted (remember here, she wasted 7 years with me too)then why would i have to give her a settlement?

I don't know if Sri Lanka is a tough consulate, but if it is...

You met while you were both still married, and you are both now recently divorced. Big red flag.

You are a naturalized citizen, and your ex-wife immigrated based on her marriage to you. Big red flag.

One possible scenario the consular officer might suspect is that you both divorced solely to be eligible to pursue a fiancee visa. In this scenario, they would suspect you're going to bring her over here, help her get a green card, citizenship in three years, and then divorce. After that, she petitions for her ex-husband. Eventually, the entire family comes to the US. If your income is low (e.g., if you need a co-sponsor) then they might even suspect you're being paid to do this. The fact that you are a naturalized citizen and brought your previous wife over here through marriage might make them suspect you've been involved in a similar scheme already.

There is a VJ member who is in a similar situation - met while both he and his fiancee were still married, and both recently divorced just before filing the petition. He didn't have the previous immigrant wife, and he doesn't have a low income. As far as I know, he also isn't a naturalized citizen. His fiancee has been in AP for several months now primarily because of the recent divorces.

Again, I don't know if Sri Lanka is a tough consulate, but given the relative economic disparity between Sri Lanka and the US, my guess is that it probably is. I think your fiancee may have a tough time at the interview.

Thanks for teh great insight.

But is being divorced a curse! This is my point here. Not many sri lankans are married to foreighners. Especially to someone from europe. So taht chance is 1%. Based on her passport (she got two nattached together) it shows that she has travelled exensively. Don't you think that is a big plus? Basically she is far better of than i am in financial aspect.

Which country will she be interviewing in ?

Sri Lanka. They issued only 18 k-1 Visas in 2009. not a very bog post.

Surely, there must be a real reason why you chose the K1 rather than getting married (usually in the beneficiary's home country)? Is there a reason not to tell them the real reason? Why the need to conjure up some romantic story?

The original intent of the K1 was to provide a way for a US citizen to marry a foreigner when it was difficult or impossible to marry in the foreigner's home country. Legal roadblocks and social or religious taboos prevented many Americans from marrying their fiancees abroad. Those are real, practical reasons for not being able to marry and pursue a spousal visa.

The K1 has several advantages over a spousal visa.

In some countries it takes several weeks for a local citizen to obtain a license and marry a foreigner. Due to work or other commitments, it might not be possible for the US citizen to stay in the beneficiary's country this long. Some countries won't issue a marriage license if the foreigner has certain physical or mental impediments. A foreigner who takes medication for depression or anxiety might not be able to get a marriage license. Some countries have additional requirements that either the petitioner or beneficiary might not be able to meet. For example, in Vietnam the local citizen must attend an interview with the foreigner and prove he/she is fluent in the foreigner's language, even if the foreigner is fluent in Vietnamese. All of these are very practical reasons for getting a K1.

Children are eligible for derivative K2 visas as long as they adjust status before they are 21. With the spousal visa, the children are only eligible for derivative visas if the marriage occurred before they are 18. If your fiancee has a child who is over 18 but under 21 then that would be a good reason to choose a K1.

For some US citizens, it's very important that their family members attend the wedding. It may be difficult or impossible for their family to travel to the beneficiary's country. A K1 is a better option in this case.

One poster mentioned they didn't want to be separated from their spouse once they were married. Again, a very good practical reason for choosing a K1.

I think the "perfect" answer to the question is the answer that's the truth.

Thank you all for weighing in...

Here is the million dollar questions to K-1 guys here:

I got married (ex-wife) back in october 2002 and i was a resident that time

my-ex came here right after i got my citizenship in march 2007. Basically it took her 4.5 years to come here.

First 3 months were ok and then i realized i am not going anywhere with her as she hated my parents and all she wanted was a child. she loves kid. I do too but wanted to have fun/spend time atleast a year before a kid and things got worse and i decided to call it a quit. Around june 2008 and my ex-moved out as she bacme very violent and then she relized this is all for good before a child. Then in October 2008 i found my current fiance and like wise she has alos gone thru a marriage and she wanted to get divorce. she was married to a german man but he was a womanizer. somehow i got my divorce in october 2009 and she got hers in may 2010 (she was seperated from her ex about 3 yeras at teh time). I visited her right after my divorce and our families met and then back agin in june 2010 and i filed for I-129F in July 2010 (last month).

By teh way my-ex lives here even though we got our divorce back in our country where we got married (thru power of attorneys for both but i had to attend the last hearing no matter what which i did back in June 2009)

She has travelled extensively with her ex and still hold a schenagan visa plus a 10 year UK visit visa.

I received the NOA1 last week and i don't think will get any RFE as my application was submitted with enough supports including previously approved I-130 copy plus both our divorces, pictures, passport copies, airline tickets and a detail letter of 5 pages explaining where we are today.

Does anyone of you see a problem for my fiancee at teh embassy at the interview as far as both being previously married?

I really doubt her employment history has much to do with with her application...

The things that seem to be important is that she's free to marry, does not have anything in her background that makes her inadmissable, and she passes her medical..

She will need police records for all places shes lived since she was 16 for the Visa Interview itself.

Maybe some others can confirm that..

Thanks guys...

I meant not concern with affidavit, just the face of the application...I am still thinking whether we should put down that she works or not when go for teh interview. You guys are right as far as K-1 concern that it is a dual intent visa. But it looks less likely they suspects of her employemnt just to beef-up teh application.

I have another BIG question to ask you all and i will start a new topic for that...please stand by.

Dear K-I Petitioners / K-1 Successful applicants

Here is my question: I recently filed I-129F for my fiancee who is in a south asian country and she has not worked for financial compensation since 2005 as she was married to her ex-husband and he was a hotelier travelling all over and she was following him. About 2.5 years ago they got seperated and she recently got her divorce.I filed the I-129F (July 22nd)with all supports after doing some research and with that we mentioned on G-325A of her that she has not worked for financial compensation since 2005, frequent travel, volunteer work. But in August she got a decent job (she was looking for one for a while) and my question is : will the embassy would think that she got the job just because she applied for the K-1 visa and just to beef her application up at the time of the interview? or would they completely disregard her employment situation? I just don't want the embassy to have any unnecessary suspicions as how come a lady who didn't work for 5 years suddenly got a job right after filing for K-1. If you can answer this for me will be greatly appreciated.

Thank you everyone.

Although I wasn't asked that question, I did have an answer - I had been asked that by friends already. I basically said that "it is hard enough being apart while we are engaged - but it would be horrible to have to live apart after we are married! If we got married here (in my country) I couldn't go and live with him as his wife until after the spousal paperwork was done, and that isn't the way we want to start our married life together - separated. We want to be able to stay together once we are married so that means a fiancee visa and getting married in the States."

This is the perfect answer it seems...thanks so much for the insight. I guess i had this somewhere in mind but you came out and put it out the way it suppose to! Thank you.

Sounds romantic to me, but to a CO, could sound like "I want 90 days to 'try before I buy'. "

I think so too...

I was married earlier and recently got divorced. So, i know why my first marriage went to trash. She came after 4.5 yers later. So, being married and leaving teh spouse behind again is something i can't take anymore. This would be teh answer i think. Not to ahve that failed feeling with me again.

I think that is a good, and truthful, answer. You want to be together (hence visa now), but you want to wed quietly, then have time to plan a celebration in her home country later.

I think this is the first time US congress like us to have a romance...This visa would give me 90 days and it will allow me to be with teh person prior to get married and that sounds very romanic to me. Don't you think that is teh best answer anyone can give?

I think the perfect answer is the truth, and the truth will vary from couple to couple.

Each couple will value different things, I think you need to ask yourself why you are applying for the visa you are applying for.

Here's a comparason of the visas for you

http://www.visajourney.com/content/compare

Good luck

Thanks.

Hello,

Can anyone answer teh following question to if you have been asked the consulate and got thru:

"Why not getting married here and why you going to get married in US?"

Thanks all

To me, that does not make sense- if he had a big wedding that went badly, why would he want another in the USA? Why not a quiet wedding in your home country?

Very good point! So, what would i do? I just hate getting married in sri lanka and just wondering whether she can say as since i am a US Citizen i would like to get married here! What you think?

Make your life plan first and then pursue the immigration path that matches it.

Thanks. Great insight! My way of thinking. But it's just that i hate getting married there. My plan is to have a non-religous ceremony here with few friends and my aunt and uncle and then have a party there when we visit together.

Thanks. But in your case you ahd kids and you like all of them to eb in your wedding. But in my case we are not planning to have a wedding there at this time perhaps after two years later may be. WE both have married earlier and divorced,. so i was thinking that if she says that since we both ahd big weddings but to two wrong people after spending so much money and time we both ended up distrously. May be she can say that since our first marriages went to trash we rather get marry in a civil ceremony and have a party later after two years. What you think?

Thanks. Perhaps saying that "It's his idea that he wanted to get married in US as his divorce was a big blow for him considering the frineds and relatves attended his big wedding 7 yesr ago" What you think?

as an outsider when you hear this, would you feel that that would be right answer?

Hello:

What would be THE PERFECT ANSWER FOR "Why K-1 and why not K-3"?

Also for "why not getting married here instead is US"?

Does any of you know how the consulate in Colombo, Sri Lanka handles their interview for K-1? I found out that in 2009 US embassy in colombo issued only 18 K-1 visas. So, i am thinking this grilling part of teh interview is much less likely. Any thoughts anyone?

Thanks

Thanks. But in your case you ahd kids and you like all of them to eb in your wedding. But in my case we are not planning to have a wedding there at this time perhaps after two years later may be. WE both have married earlier and divorced,. so i was thinking that if she says that since we both ahd big weddings but to two wrong people after spending so much money and time we both ended up distrously. May be she can say that since our first marriages went to trash we rather get marry in a civil ceremony and have a party later after two years. What you think?