Filing following divorce

[Naijabound 1]

My divorce was final Dec 18, 2008. Im filing my K1 petition Dec 29th 2008. I was separated from my ex since early 2007 but it took awhile to get the divorce proceedings started. I met my SO after my separation. How bad is this looked upon when filing and at the time of his interview? Someone in another post on another topic mentioned this doesnt look good. Has anyone been through this same situation and had any problems? Let me add to that he will be interviewing when the time comes in Nigeria, which from my understanding is a high fraud area. Thanks

[Old Dominion 26]

It will just be more important to provide ample proof of an ongoing relationship and a clear explanation of the circumstances of meeting. Yes, Nigerians do have a record of attempted fraud.

[payxibka 10,045]

moving to K-1

not an adjustment of status issuee

[pushbrk 12,877]

My divorce was final Dec 18, 2008. Im filing my K1 petition Dec 29th 2008. I was separated from my ex since early 2007 but it took awhile to get the divorce proceedings started. I met my SO after my separation. How bad is this looked upon when filing and at the time of his interview? Someone in another post on another topic mentioned this doesnt look good. Has anyone been through this same situation and had any problems? Let me add to that he will be interviewing when the time comes in Nigeria, which from my understanding is a high fraud area. Thanks

It is what it is. May I suggest you first study the guides and read many of the previous posts by other members in your preparation for each step before you. Your question is asked here at least as frequently as weekly. Amazingly, the answers tend to be the same each time.

You may also benefit from clicking on the flag under your picture and seeking knowledge from others familiar with the Lagos Consulate, since it is notorious for all sorts of unique issues you'll want to become familiar with and prepare for.

Edited December 22, 2008 by pushbrk

[merijan 0]

My divorce was final Dec 18, 2008. Im filing my K1 petition Dec 29th 2008. I was separated from my ex since early 2007 but it took awhile to get the divorce proceedings started. I met my SO after my separation. How bad is this looked upon when filing and at the time of his interview? Someone in another post on another topic mentioned this doesnt look good. Has anyone been through this same situation and had any problems? Let me add to that he will be interviewing when the time comes in Nigeria, which from my understanding is a high fraud area. Thanks

Include a letter explaining why it took so long to get final divorce papers. And when you actually filed for divorce etc.

[vichygurl 1]

My divorce was final Dec 18, 2008. Im filing my K1 petition Dec 29th 2008. I was separated from my ex since early 2007 but it took awhile to get the divorce proceedings started. I met my SO after my separation. How bad is this looked upon when filing and at the time of his interview? Someone in another post on another topic mentioned this doesnt look good. Has anyone been through this same situation and had any problems? Let me add to that he will be interviewing when the time comes in Nigeria, which from my understanding is a high fraud area. Thanks

I think there is no problem with that. Technically you are single. Give sufficient evidence to prove ongoing relationship and validity of it. You'll be fine!

Vida Taylor

[KimandRuss 0]

Nobody can say that it will be 'just fine' as the answer depends very much on the Embassy you are going through.

For most of us this doesn't create a problem as people are usually aware that a divorce is often finalized well after a relationship has been over. I filed the I-129f the very day my divorce was final. The relationship had been over for years, the divorce just took much time to become final. This was explained to the CO at the interview and accepted as a reasonable answer.

The uscis cares that you are 'free to marry', which you are.

However, a recent divorce, as well as many other things, can often send up a red flag if you are dealing with a high fraud post. As suggested above, supplying as much evidence of ongoing / bona-fide relationship that you can is of utmost importance. Save everything .. every communication, every travel document, every phone call... chances are you will need it.

I would suggest you visit the sub-saharan regional forum here on VJ for more advice in dealing with Nigeria.

good luck!

[Naijabound 1]

moving to K-1

not an adjustment of status issuee

Thanks for the advice everyone.. Sorry about posting under the wrong area- I tried to just post it under the Nigerian forum as that is where I was looking for anyone that had dealt with this situation with that particular embassy to respond but evidently I dont know how to do that...sorry... any advise on how to do that as well would be greatly appreciated..

[KimandRuss 0]

I will move this over there for you.

For future reference, simply click the link I gave you above and click on 'new topic' to post your question in that forum.

[KGSodie 0]

I agree that it is consulate/country/IO specific. These circumstances are similar to my own, and no one 'cared' in the process until the AOS interview, where I was grilled lightly about the 'delay' in getting the divorce. Just be open and honest, which is always good advice.

[Bassi and Zainab 1]

I didn't have any questions about my divorce through the Ghana consulate. The divorce didn't become final until about one and a half years into our relationship. They didn't ask anything about it but I did include all the paperwork so I suppose they could have just read it all and didn't have any concerns.

[LovinLiberia 0]

My divorce was final Dec 18, 2008. Im filing my K1 petition Dec 29th 2008. I was separated from my ex since early 2007 but it took awhile to get the divorce proceedings started. I met my SO after my separation. How bad is this looked upon when filing and at the time of his interview? Someone in another post on another topic mentioned this doesnt look good. Has anyone been through this same situation and had any problems? Let me add to that he will be interviewing when the time comes in Nigeria, which from my understanding is a high fraud area. Thanks

Include a letter explaining why it took so long to get final divorce papers. And when you actually filed for divorce etc.

I would do what this poster suggested. My ex and I had been separated for nearly 3 years and our divorce wasn't finalized until 9 months into my relationship with my current husband. I filed the K-1 4 months later and I sent a letter explaining the issue along with the divorce decree. It shouldn't matter, but you never know what the CO is thinking. It's best to just send an explanation before the interview.

[Naijabound 1]

I didn't have any questions about my divorce through the Ghana consulate. The divorce didn't become final until about one and a half years into our relationship. They didn't ask anything about it but I did include all the paperwork so I suppose they could have just read it all and didn't have any concerns.

what all paperwork are you referring to? the divorce decrees? any additional letter of explanation as others have stated they done?

[Ta Ta 1]

Send the divorce decree with an explanation when you submit your petition to USCIS.

I have read that this situation is considered a red flag at high fraud posts.( Petitioners divorcing, receiving money in exchange for a petition and then remarrying whoever they were married to. )

If they want to make a big deal out of it at the embassy level , it will be better that the circumstances were explained and submitted to the USCIS

previously and are not something new to pop up during the interview.

[Bassi and Zainab 1]

I didn't have any questions about my divorce through the Ghana consulate. The divorce didn't become final until about one and a half years into our relationship. They didn't ask anything about it but I did include all the paperwork so I suppose they could have just read it all and didn't have any concerns.

what all paperwork are you referring to? the divorce decrees? any additional letter of explanation as others have stated they done?

I sent the divorce paperwork from the judge outlining everything that was reviewed. It's not the divorce certificate which is just like one sheet of paper. It's the whole thing that shows the division of property and everything. Even the judges notes was on it cause he was concerned that I wasn't getting enough child support but I just wanted out and had no intention of fighting with my ex anymore over anything.