Considering divorce, k-1, remarrying

[Delicia 1]

NOA2?? I would settle for a NOA1 to tide me over for a few weeks.

No offense to the K-1 filers, but having this K-3 and CR1/IR1 take nearly twice as long makes absolutely no sense to me. Is it possible that fiances are less of a security or visa fraud risk than spouses?

[Minya's wife 24]

This may be a simplistic interpretation, but I'm wondering....in terms of visas and fraud....it is considered fraud if you 'use' one visa for other than the purpose it was intended, right? So if there are specific visas out there for 'spouses' (IR/CR and K-3) would they not deem it fraudulent for someone to divorce only to be eligible to file the K-1? Wouldn't that be considered in broader terms, circumventing the process? I'm just wondering here....

Also, even in a no-fault divorce, how long does a divorce take? Wouldn't that be additional loss of time at this point?

-P

[Delicia 1]

It would definitely be circumventing the system, but I am not so sure it constitute fraud, in the same respect as people marrying just to get into the country and having no emotional ties to the spouse.

Regarding time delays. Let us suppose that it takes 90 days to obtain a divorce in AZ (just a wild guess). I would not have to withdraw my IR-1 application until the divorce is finalized (signed by the judge). While I wait for the divoce, the IR-1 application could just roll along and depending on where that application is in the process, either withdraw or finalize the divorce. If the IR-1 application was dragging along, I would bet a toonie that one could get a divorce, refile K-1, and still have their spouse in the country long before the IR-1 application had even arrived at NVC. One could, theoretically anyway, play both ends against the middle in this case.

[Chica Yeyé 41]

Sweetie -- whatever you decide to do, we're here for you. I have no wise advise, just good vibes for you and husband.

[trailmix 77]

It would definitely be circumventing the system, but I am not so sure it constitute fraud, in the same respect as people marrying just to get into the country and having no emotional ties to the spouse.

Regarding time delays. Let us suppose that it takes 90 days to obtain a divorce in AZ (just a wild guess). I would not have to withdraw my IR-1 application until the divorce is finalized (signed by the judge). While I wait for the divoce, the IR-1 application could just roll along and depending on where that application is in the process, either withdraw or finalize the divorce. If the IR-1 application was dragging along, I would bet a toonie that one could get a divorce, refile K-1, and still have their spouse in the country long before the IR-1 application had even arrived at NVC. One could, theoretically anyway, play both ends against the middle in this case.

I found the info below that I hope is helpful, I understand your reasoning, who knows, it just might work!

Q: How long does a typical Arizona divorce take?

A: In Arizona family law, an uncontested divorce, one in which the parties agree on all aspects of the divorce, usually takes about 90 to 120 days. Arizona has a 60-day waiting period following the filing and service of the initial dissolution documents. After the 60 days, the court, either pursuant to a hearing or upon submission, must sign the final dissolution documents. This is the reason for the additional time. If the dissolution is contested, it usually takes substantially longer, typically between six and eighteen months; however, some divorces take years.

[SonoranSongbird 3]

NOA2?? I would settle for a NOA1 to tide me over for a few weeks.

No offense to the K-1 filers, but having this K-3 and CR1/IR1 take nearly twice as long makes absolutely no sense to me. Is it possible that fiances are less of a security or visa fraud risk than spouses?

Doesn't CR1/IR1 take longer because it includes adjustment of status stuff and results in a real immigrant visa? Also probably the fact that only one consulate handles them. Why a K3 takes longer than a K1 when it's the same process, I really don't know. It may be a simple matter of numbers. Supposedly doesn't take MUCH longer.

I think it could raise red flags if you did that, plus you would have to start completely over.

Good luck to you whatever you decide to do, Delicia.

[emt103c 10]

Not a good idea to get divorced and start all over.

My I-129 processed same time as I-130. I ended up abandoning it. I know that the Canada side lengthened your process, but give the U.S. a little time to actually pi$$ you off before you lose hope and faith. It takes a while, but not nearly as long as they will take if they get to give you EXTRA scrutiny. Anything out of the ordinary is the LAST thing you need.

[Delicia 1]

The K-3 and the IR1/CR1s are processing at about the same speed currently. This is not the case for the K-1s however, which, in relative 'government' time, are being processed at the speed of light. The debate is between the K-1 and the K-3/IR1, not the K-3 and IR1.

[john_and_marlene 162]

There are more than a few wise sayings.

You've already used: "Think outside the box"

Consider: "A bird in the hand is worth two in the bush"

[JVKn'CVO 11]

Delicia,

I'd say a IR-1 without red flags will be faster than divorce+K1 with red flags. But, if you still decide to go ahead with it, read on this article Visa denials, it might be helpfull

Good Luck!

Saludos,

Caro

[Delicia 1]

This the response I received from a family-based immigration attorney:

Divorcing and filing for a K-1 visa for him as a fiancée is probably not a good idea. This could raise some concerns about the legitimacy of your relationship. Also, the same scenario of having to file the Adjustment of Status application would apply. As of 2/15/08, USCIS was processing I-129F Petitions that were filed on or before August 19, 2007. The time it would take to get divorced would probably not save you any time overall.

I don't necessarily agree with his reasoning and him spouting the time lines as reported on the USCIS site don't help me in accepting his level of expertise either. Anyway, I have abandoned this idea and am currently devising new and devious plans.

I think hubby will be moving here near the end of 2008 regardless and he can stay here on his 6 month visitor visa and hopefully, the visitor visa won't expire before the IR-1 finalizes. We will just have to cross our fingers on timing for the medical/interview as well as his soon-to-be pending Canadian citizenship application and the citizenship test/oath will not cause a whole bunch of seperate trips to Toronto for him.

[Steven Shirley 0]

I don't have any answers about what is best as far as your immigration issue....but AZ divorce is quite simple and in some cases can be done in about 3 months....mine took about 4 only because I did not file everything ASAP. of course that is only for simple divorce which it sounds yours would be....however I believe you have to be resident in AZ for at least 3 months prior to filing....I was unclear about where your residence is...here is a link for more specific info on AZ divorce.

Whatever you decide my simpathies are with you....it is so hard to wait so long to start your life with the one you love...

http://www.sc.pima.gov/?tabid=119

[melusine 5]

yes definelty divorce take long !

because you need to be appart for at least a year after the divorce is done....

then might have to wait a few extra to be able to re-marry again....

i would forget it if i was you