Will recent divorce affect K1 petition?

[bridget y rodolfo 0]

Hello,

I'm hoping someone may have some knowledge/experience in this... I will soon be getting a divorce from my immigrant husband who has just received his permanent residency from USCIS. We have been separated for some time, but stayed together so that he could get his residency. Now that he has it, we're waiting a few months and will get divorced.

The problem for me is that I have since found the love of my life in Cuba, we've been together over a year, and I'd like to file a K-1 petition for him. Does anyone know if the proximity of divorce to the filing of the K-1 petition will cause any problems for us?

I've heard it would cause a potential problem for my former husband, but an immigration lawyer advised me that he had surpassed the statute of time and that it would not be a problem. The same lawyer told me a few other things that turned out to be incorrect, so I don't quite trust her anymore.

Any thoughts? Thanks!

[J.Ro 1]

I think it doesn't matter how recently you divorced, as long as the divorce is final and you have the paperwork to prove it. I seem to remember that the petition paperwork asks if you ever filed for a K-1 visa in the past, I'm not sure how or why they use that information, or what would happen if you HAD done so.