red flag

[saycutiebaby 0]

hi guys!I need your help,my husband divorced me last august,I just got my citizenship last July and he filed the divorce month after my citizenship.we have been separated since march,he was seeing somebody else.my question is this my divorce would be effective February 2,2009.I have a new fiance now and I'm planning to visit him January and spend sometime with him.is it ok to file a fiancé petition after february 2 wen I come back?wouldn't it raise a red flag?with the citizenship and then divorce?do I have to wait few months more after the effectivity of divorce which is feb 2 before I can file for my fiancé or I am ok since I'm filing after feb2?please help me.

[Beautiful_years 0]

sorry i really dont have much info to give but wait, someone will definitely come along to attend to you, but if i was uscis... marriage, citizenship, divorce and then immediately a petition for fiance, il look at the records twice.

That doesnt mean you wont be granted if qualified, alternatively why not wait it out a little?

[K1researcher 0]

The rquirements for a fiancee visa are that you are eligible to marry.

therefore on Feb 3 you should be able to file. CA has the six month wait period and I am sure that USCIS kjnows this.

[Otto 83]

hi guys!I need your help,my husband divorced me last august,I just got my citizenship last July and he filed the divorce month after my citizenship.we have been separated since march,he was seeing somebody else.my question is this my divorce would be effective February 2,2009.I have a new fiance now and I'm planning to visit him January and spend sometime with him.is it ok to file a fiancé petition after february 2 wen I come back?wouldn't it raise a red flag?with the citizenship and then divorce?do I have to wait few months more after the effectivity of divorce which is feb 2 before I can file for my fiancé or I am ok since I'm filing after feb2?please help me.

If your divorce is final, you can petition - people have been in similar situations to yours and been successful, there's no reason to believe otherwise.

[RBAL_TN 0]

hi guys!I need your help,my husband divorced me last august.......my question is this my divorce would be effective February 2,2009.

Just curious. You said your husband divorced you last august, but its not effective till Feb 2009? Do you mean he filed for divorce in August and Feb is the divorce hearing?

I know - I'm being nitpicky, but it stuck out at me.

[pushbrk 12,569]

Recent divorces are red flags but not reason in and of themselves to cause a denial. You'll be facing scrutiny of your relationship bona fides, so be prepared. The key issue is to actually have a bona fide relationship.

[KimandRuss 0]

I filed for my fiance the very same day my divorce was considered 'final'... however, he and I had been separated for years.

As pushbrk suggested, it can be scrutinized at the Embassy level but if you have a bonafide relationship and can prove that, you should be ok... just be prepared.

good luck

[pushbrk 12,569]

I filed for my fiance the very same day my divorce was considered 'final'... however, he and I had been separated for years.

As pushbrk suggested, it can be scrutinized at the Embassy level but if you have a bonafide relationship and can prove that, you should be ok... just be prepared.

good luck

Being prepared means learning everything you can about the process, pitfalls and other potential red flags. For instance here's a worst case scenario for you.

Filipina marries USC, then divorces as soon as she has citizenship.

Filipina has Filipino fiance even before her divorce is final with the original petitioner.

Filipino fiance is somebody she knew before or met through family or other Filipina or Filipina already in the US.

This would be a classic fraud scenario and treated as such no matter how bona fide. A couple in this circumstance with a bona fide relationship would still face tremendous scrutiny of bona fides. They would probably need several visits over the course of the visa process and the very best possible evidence of bona fides. I'd even suggest they marry in the PI and take an immigrant visa route instead of K1.

The PI is a high fraud country. Things are not easy.

If you have any of these or other red flags in addition to the recent divorce, your preparation and attention to evidence of bona fides is critical.

[ThaitoUSA 15]

hi guys!I need your help,my husband divorced me last august,I just got my citizenship last July and he filed the divorce month after my citizenship.

Naive qestion. . If the OP has already obtained citizenship, what is the purpose of going through the I-129f petition process again? Once a person has citizenship, wouldn't one be able to reside is America, with or without an American spouse?

[KimandRuss 0]

The OP plans on filing for a new partner in February.

I have a new fiance now and I'm planning to visit him January and spend sometime with him.is it ok to file a fiancé petition after february 2 wen I come back?

[himher 634]

You need about (4) true, stamped-by-the-court copies of the divorce decree. One for the petition, one for the embassy interview, one for the AOS petition, and a spare for yourself to apply for the marriage license and to bring to the AOS interview. Other than that, as long as you do not file until after the date on the divorce petition, and meet all the other requirements aka support affidavits etc, are prepared to show bona-fide relationship at the interview, then your case scenario is common and should not meet additional scrutiny.

The divorce decree will show who divorced who. If, as you said, your husband filed for divorce it will be at the top as "husband's name" vs "wife's name" which goes a long way to show that YOU did not plan this and are not just using your newly acquired citizenship to immigrate a buddy from your home country. Otherwise, a good story might be appropriate for the interview stage because there is a high likelihood that they will ask questions about your case and situation.

Good luck!

[Sinergy 3]

hi guys!I need your help,my husband divorced me last august,I just got my citizenship last July and he filed the divorce month after my citizenship.

Naive qestion. . If the OP has already obtained citizenship, what is the purpose of going through the I-129f petition process again? Once a person has citizenship, wouldn't one be able to reside is America, with or without an American spouse?

i think the OP is meaning that her new fiance isnt in america or a cit and wanted to know is SHE can petition him to come here.

[ThaitoUSA 15]

i think the OP is meaning that her new fiance isnt in america or a cit and wanted to know is SHE can petition him to come here.

Ah, I got it! That's quite a situation. Marry American, become American, leave American, petition for foreign fiancee (who may eventually become an American).

I can see how it may be viewed as fraud, especially, as pushbrk stated, if both parties knew each other prior to coming to America. USCIS would wonder if there was not some plan from the outset.

How could USCIS check whether the new fiancee previously had known the naturalized citizen? Seems like a daunting task, to say the least.

I'll leave it for them to figure out.

[Jasman0717 9]

I filed a petition for my wife (fiance then) the day after my divorce was final and we had absolutely no problems.

[maggieNomar 0]

I filed a petition for my wife (fiance then) the day after my divorce was final and we had absolutely no problems.

You bring up a good point. Each case is judged individually so there is no comparing cases or saying this or that didn't work for me so it will neve work. I think Pushbrk has given you good advice (along with the others of course) in saying to gather proof, be informed about the process and hopefully you won't get blind sided.

I filed a petition for my wife (fiance then) the day after my divorce was final and we had absolutely no problems.