met fiance while still married but divorced now

[rasta 37]

met fiance while still married but now i am divorced NOA2 approved, she also has a son,

[G&D 51]

met fiance while still married but now i am divorced NOA2 approved, she also has a son,

That's nice. Ummmm...did you have a question??

[rasta 37]

That's nice. Ummmm...did you have a question??

will be this an issue during her interview at the consulate?

[pushbrk 12,569]

will be this an issue during her interview at the consulate?

Yes.

[rasta 37]

she was not aware of my relationship untill after the divorce

[Harpa Timsah 13,258]

nm

Edited February 24, 2012 by Harpa Timsah

[pushbrk 12,569]

she was not aware of my relationship untill after the divorce

If you mean your former spouse was unaware of the new relationship, that's irrelevant. You asked if this would be an issue at the interview. The answer is yes. How much of an issue will depend on the totality of the circumstances of your case. You've provided too little information to venture a guess.

[rasta 37]

my current fiance was not aware that i was married to my former spouse untill i divorce, then i let her know. we also might have a son together but im not too sure if its mine, but i love her and want to be with her .i was wondering if it will be an issue at the embassy that she didnt know about my previous marriage untill i was divorced

[VanessaTony 3,567]

my current fiance was not aware that i was married to my former spouse untill i divorce, then i let her know. we also might have a son together but im not too sure if its mine, but i love her and want to be with her .i was wondering if it will be an issue at the embassy that she didnt know about my previous marriage untill i was divorced

Are you the immigrant or the USC? WHO do you have a son with? The new girl or ex-wife?

p.s. As your fiancee is female there are 2 e's in fiancee. Fiance is for male fiance's.

[pushbrk 12,569]

my current fiance was not aware that i was married to my former spouse untill i divorce, then i let her know. we also might have a son together but im not too sure if its mine, but i love her and want to be with her .i was wondering if it will be an issue at the embassy that she didnt know about my previous marriage untill i was divorced

Everything about your case will be considered including the things that make it look bad and the things that make it look good. You keep adding to the bad list with each additional post you make. Is there more?

[rasta 37]

Are you the immigrant or the USC? WHO do you have a son with? The new girl or ex-wife?

p.s. As your fiancee is female there are 2 e's in fiancee. Fiance is for male fiance's.

i am the usc, and i "might "have a son with the new girl.

[VanessaTony 3,567]

i am the usc, and i "might "have a son with the new girl.

Are you going to apply for the child to be recognised as a USC? They might ask you for a DNA test but I would get one done anyway so you know for sure. If she got pregnant to someone else while you were together, yes, that's a big deal.

[rasta 37]

http://www.state.gov/documents/organization/87393.pdf

field manual that consular officers use

http://www.state.gov/documents/organization/87391.pdf

[rasta 37]

For a K-1 petition to remain valid, the petitioner and the beneficiary must:

(1) Have been legally free to marry at the time the petition was filed;

(2) Have remained so thereafter; and

(3) Continue to have the intent to marry within 90 days after the beneficiary’s admission into the United States.

b. A K-1 petition filed when the petitioner and/or the applicant was still legally married shall not serve as the basis for visa issuance, even though that marriage was terminated and applicant/petitioner became free to marry within 90 days of arrival in the United States. If a consular officer finds that the petitioner and/or applicant is/was not legally free to marry, post must return the K-1 petition to NVC under cover of memorandum detailing the specific, objective facts giving rise to the officer’s determination.

9 FAM 41.81 N6.7 Additional

[rasta 37]

There are several possible discrepancies between the facts stated on the petition and the actual circumstances of the K-1 beneficiary which might lead the consular officer to question whether the relationship is bona fide or which might cause the petitioner to choose not to go forward with the marriage. These include having one or more children not named in the petition, or a prior undisclosed marriage (even if it has been annulled or ended by divorce or death), or, in the case of a fiancée, a current pregnancy.

Consular officers should return the K-1 petition to DHS for reconsideration if not satisfied with respect to the bona fides of the relationship or if the petitioner indicates that he or she no longer intends to go forward with the marriage

If the K visa applicant is ineligible for a visa on an INA 212(a) ground for which no immigrant waiver is or would be possible after marriage to the petitioner, then the case should not be recommended for an INA 212(d)(3)(A) waiver and no waiver request should be submitted to USCIS. (See 22 CFR 40.301.)

If it is determined that the K visa applicant is ineligible to receive a visa under INA 212(a) but that the ineligibility could be waived after (or as a result of the) marriage to the petitioner, the consular officer should assist the applicant in completing Form I-601, Application for Waiver of Ground of Inadmissibility, and submit simultaneously both the Form I-601 (with the required fee) and Form DS-221, Two-Way Visa Action Request and Response to the appropriate USCIS office abroad with the recommendation concerning the granting of an INA 212(d)(3)(A) waiver. (If the case involves a K-1 fiancé(e), before beginning that waiver