impact of previous K1 marriage

[zw6233 0]

I brought my ex-wife into US using K1 visa 8 years ago. Legitimate marriage and we stay married for more than 7 years. Divorced last year due to some irreconcilable differences. No one broke any laws and she has not even filed for US citizenship when we divorced last year. (Not sure if she will continue stay in US or not)

Now I am engaged with another woman out of US and thinking about using the K1 process again. However, I am scared to death that my 'history' will taint my application this time. How badly will USCIS view cases like this?

Also, I am wondering if using other route instead of K1 (such as entering US with B visa, get married here, returning home. Then try to bring her in US using K3 process) going to help much?

Thanks

Edited March 2, 2011 by zw6233

[pushbrk 12,598]

I brought my ex-wife into US using K1 visa 8 years ago. Legitimate marriage and we stay married for more than 7 years. Divorced last year due to some irreconcilable differences. No one broke any laws and she has not even filed for US citizenship when we divorced last year. (Not sure if she will continue stay in US or not)

Now I am engaged with another woman out of US and thinking about using the K1 process again. However, I am scared to death that my 'history' will taint my application this time. How badly will USCIS view cases like this?

Also, I am wondering if using other route instead of K1 (such as entering US with B visa, get married here, returning home. Then try to bring her in US using K3 process) going to help much?

Thanks

A lot depends on the country but USCIS won't care at all. They don't issue visas. The impact will be at the Consulate stage. So, please complete your profile so we can give country specific answers.

[zw6233 0]

Just updated my profile with more information. The country is China. I am 33 years old, my girl friend is 32 and she works for an international firm with a few offices in United States. Her company will not relocate her job to U.S. but they are willing to send out invitation letter from US offices and help her getting a business (B1) Visa coming into US.

That's why I wondering if K1 is the best choice for my case (since I have already done it once 9 years ago for a different person.) However, I heard getting married then staying in US for status adjustment using B visa is very bad from USCIS point of view. That's why I am considering marrying her here when she is on her B visa, let her return to China and then get her into US again using K3 instead?

Just not sure which way is safer.

A lot depends on the country but USCIS won't care at all. They don't issue visas. The impact will be at the Consulate stage. So, please complete your profile so we can give country specific answers.

Edited March 3, 2011 by zw6233

[pushbrk 12,598]

Just updated my profile with more information. The country is China. I am 33 years old, my girl friend is 32 and she works for an international firm with a few offices in United States. Her company will not relocate her job to U.S. but they are willing to send out invitation letter from US offices and help her getting a business (B1) Visa coming into US.

That's why I wondering if K1 is the best choice for my case (since I have already done it once 9 years ago for a different person.) However, I heard getting married then staying in US for status adjustment using B visa is very bad from USCIS point of view. That's why I am considering marrying her here when she is on her B visa, let her return to China and then get her into US again using K3 instead?

Just not sure which way is safer.

There are many advantages to the spouse visa over the K1 but the currently available spouse visa applicable to your situation is the CR1. K3 is no longer available. See extensive discussion on that issue in the K3 forum. Where you marry has no real impact on the CR1 visa process but if she can get to the USA, the marriage will be easier particularly if she doesn't live near a US Consulate in China.

Yes, entering the USA with a B visa having the intent both to marry and remain in the USA is visa fraud. If you marry, then she leaves without overstaying her allowed visit, no problem. Marriage in China is somewhat more cumbersome but if she can't get a visa to the USA, you going there is quite practical.

[Darnell 8,478]

you could/should cover the previous K-1 in an Evolution of Relationship letter that you submit with any I-129F petition (or I-130 petition, if'n you two do get married)

I think you'll be ok, but Guangzhou IV is the toughest sumb|tch of them all, and you need to have all bases covered.

It won't help much at USCIS, but will help at GUZ IV unit, where it'll get read prior to interview day.

Edited March 3, 2011 by Darnell

[xiaozhu 4]

I notice that you divorced last year and you are going to file petition this year. It will catch USCIS or Guangzhou Consulate's attention. In this case may be try K-1 first, if rejected, then CR1.

[zw6233 0]

Looks like I will have to build a strong case for this new K-1 application. Is knowing your fiancee for 5 months with 2 international trips in between(spending 3 weeks together during each trip) good enough for USCIS? I really have no idea what they would consider normal; would it be necessary to wait a bit longer (maybe add another trip) before filing K1 application?

Also, should I provide tons of evidences to explain that my previous K-1 marriage (lasted 7 years) is legitimate & truthful ?

I am really worried that my new K1 application will be denied because of my past marriage. I am running out of my vacation days for this year already (I was in China with her family during the Chinese new year) and need to take unpaid leave for any extra trips. Not too sure how to make my case appear stronger to USCIS.

[pushbrk 12,598]

Looks like I will have to build a strong case for this new K-1 application. Is knowing your fiancee for 5 months with 2 international trips in between(spending 3 weeks together during each trip) good enough for USCIS? I really have no idea what they would consider normal; would it be necessary to wait a bit longer (maybe add another trip) before filing K1 application?

Also, should I provide tons of evidences to explain that my previous K-1 marriage (lasted 7 years) is legitimate & truthful ?

I am really worried that my new K1 application will be denied because of my past marriage. I am running out of my vacation days for this year already (I was in China with her family during the Chinese new year) and need to take unpaid leave for any extra trips. Not too sure how to make my case appear stronger to USCIS.

OK, slow down and pay attention this time. USCIS is NOT YOUR PROBLEM. USCIS doesn't issue visas. Getting your petition approved only requires meeting minimum requirements like freedom to marry, intent to marry, evidence of your US Citizenship and primary evidence of meeting in person during the past two years. YOU will never apply for a K1 visa. Your Chinese fiancee will apply for a visa based on your approved petition. It is at the Visa Interview, that she must convince a Consular officer your relationship is genuine. YES, the two trips and likely more will help a lot, since the strongest evidence of a bona fide relationship is the time you spend together.

Take your time, study the guides and form instructions and make your life decisions with regard to when and where to marry. Then take the immigration path that fits those decisions. Study "front loading" the petition.