Questions About Support and Divorce

[SterlingGirl 1]

Hi, all. As a bit of background info, I'm a U.S. citizen, born and bred, and my fiance is a native of London. Currently, I'm still legally married, though my ex and I have been separated since April 1, 2007 (different residences; our relationship ended even before that, but we still lived together for financial reasons). My court date for the divorce is this Friday (2/22/08), by which I should be a free woman. Immediately thereafter, I intend to gather everything we need and file the I-129F.

Just out of curiosity, does immigration really care when a relationship begins in the wake of a marriage? Our relationship began before I moved out of our home and long before our divorce, obviously - but, emotionally, there was no relationship left when I met my fiance. I never cheated on my ex, he knew I wanted I divorce before things began with my UK guy. It's simply that I prepared all of our divorce papers myself out of an aversion to involving lawyers in any aspect of our divorce, so it took me a little longer to understand the in's and out's and feel confident I was drawing up the correct thing. Then I had to file, and my state has a mandatory 60-day waiting period (I guess hoping people will reconsider). Will USCIS scrutinize this? Can they try to claim that there was some kind of marital infidelity and reject our application on some trumped-up moral basis? I wish I could say I was half-joking, but I'm not.

Also - I'm employed as an independent contractor. That's legally (and for tax purposes) my job title, although I really only work for one organization. I get paid the same thing on a monthly basis, I'm just not considered an employee. I receive a desk check in the mail every month, no taxes withheld, etc. So I don't have paystubs. How can I prove my income? Will they accept 1040 tax forms and bank statements, rather than paycheck stubs? Should I start photocopying my checks for the next couple of months? Help!

[*JG* 2]

I was in a similar situation as yours with the divorce (and yes, I successfully filed it all by myself!) and had no issues. They scrutinize to see the legitimaticy of the relationship using the proof you offer. They aren't the morals police or anything of that sort.

I did not send any paycheck stubs. I used 1040's. If need be, you can use your employment contract (assuming you have one with them) and copies of the checks as proof.

[Jigi 0]

hi,

You are in the same situation as I was.... I was asked about my wife and our relationsship how it happpend. SO your BF would or might be asked why were you living with your Ex for the period you were... Your husband has to convince the CO officer that your relationship is of good faith. YES...... your bank statements are enough. You can also take a statement from the compamny which u working for.... mentioning your monthly statements on their Letter Head.

Jigi

[Jigi 0]

hi,

to addd to my post,... your 1040s and other stuff is enough to proove your financial ability.

Jigi

[elmcitymaven 9,712]

Somewhat similar situation -- except I had 12 days between my decree absolute and my re-marriage; we then did DCF through London. I met my (current, and final!) husband 4 months after my ex and I separated, but I didn't start divorce proceedings formally until I was engaged. (More out of laziness than anything else!) So when Bruce and I filed the I-130, we had actually been in a relationship for about a year and half.

I got an RFE for an explanation as to when and how my previous relationship broke down, and when I met Bruce. Although it seemed intrusive and upsetting at the time, I could see how the 12-day interval might raise a few eyebrows. My explanation gave a clear timeline which showed that we had been together for a lot longer than that, and I was able to adduce evidence (bills, bank statements, photos, wedding invites) which showed a real life together.

As Jomo's girl says above, they aren't in the morality business. If you have a bona fide relationship and can prove it, you're fine.

[SterlingGirl 1]

One other question - I've known my fiance since the middle of 2004, we met on a forum not unlike this one. Will USCIS need documented proof of when we MET, or just proof of our relationship? As far as our relationship, will signed letters from friends of ours serve as proof?

The thing is, we've known each other over a long period of time, but our relationship (aside from meeting in person) has been entirely electronic - calling overseas would be a ridiculous expense, so we just use voice chat for free. I've had program and disk crashes since we first met and a time or two in between, and I had no idea we'd eventually be getting married, so it didn't occur to me to hang on to every last scrap of history between the two of us. We do have lots of pictures of us from when he visited here, lots of which are affectionate, but it sounds like those would just be proof of our having met - not proof that we have a relationship. He's got copies of text messages (he sends me texts via his email address, I get them on my phone) stored up since September of last year. And I may have a few blog entries talking about his trip out here. Will things like that work?

I'm just nervous that, because we don't spend way too much money to actually call overseas to each other or save every scrap of communication between us, we'll be thought of as not a real couple.

[raymaga 25]

I didn't even start my divorce proceedings until after I met my fiance (husband now). I had been legally separated for 6 years from my ex when I met my fiance, and only went for the divorce from my ex after my fiance and I met and decided to be together.

My divorce was only granted 3 months before we sent in our I-129F. We never had any problems as a result of this.

[rebeccajo 14]

They need a brief description of how you met and physical proof you have met in the last two years. Some documentation of the relationship such as boarding passes and photos is recommended - save the bulk of that, though, for the interview.

As an independent contractor, you most likely file Schedule C in your tax return and are therefore considered self-employed. Your last three years tax return with a average of your income over that time will be necessary for the affidavit of support.

Recent divorce can be problematic at some consulates - in London it will not make a difference.

Edited February 18, 2008 by rebeccajo

[SterlingGirl 1]

Your last three years tax return with a average of your income over that time will be necessary for the affidavit of support.

Uh-oh. I've only had this job since July 2006. At best I have two tax returns that will show income from my job as an independent contractor. And for 2006, it was only half the year (although the rate of pay was the exact same). The year prior, I wasn't working at all; my husband was supporting both of us.

Is this going to work like creditors do when deciding to extend a loan - having to have a job for a set amount of time?

[rebeccajo 14]

Your last three years tax return with a average of your income over that time will be necessary for the affidavit of support.

Uh-oh. I've only had this job since July 2006. At best I have two tax returns that will show income from my job as an independent contractor. And for 2006, it was only half the year (although the rate of pay was the exact same). The year prior, I wasn't working at all; my husband was supporting both of us.

Is this going to work like creditors do when deciding to extend a loan - having to have a job for a set amount of time?

All you can give them is what you have. If you are showing earnings that are sufficient, I don't truly believe it will be a problem with London.

You might want to start researching posts here and on other forums (britishexpats.com would be a good one) for recent reports of other self-employed sponsors.

[Robyn-n-Kris 72]

wow.. amazing to see others with the same situation. I got involved with my fiance while still working on going through my divorce. We actually 'met' face to face not long after i filed my initial divorce paperwork. I think so long as you can show proof of the relationship and the fact that your previous marriage is over you should be fine.