Will first marriage to immigrant affect K-1 petition to new fiance?

[bridget y rodolfo 0]

Hello,

Does anyone have experience with petitioning for K-1 for fiance, after having already petitioned for green card for past husband?

I proposed this question a while back, but on the wrong forum. I have been married to an immigrant who obtained his green card in june of last year. (He was here on tourist visa originally when we met.) The marriage was pretty much over by the time of green card 4.5 years later (we were kind of young and stupid), but we didn't want to divorce until he got his residency. 6 months have passed and we plan to divorce by March (in my state, you must be legally separated for 6 months).

However, for the last year and half, I've been in love with my current fiance in Cuba. As soon as I divorce, I plan on submitting the K-1 fiance visa. I've spoken to several lawyers about this, and I think there shouldn't be a big problem, but I'm curious to know if anyone has experience with this. I guess it looks kind of shady - like I'm running a business here- but I'm NOT. And I'm frightened this may affect the success of the K-1 petition. We have plenty of proof.

Any opinions/advice/similar experiences out there?

Thanks!

[pushbrk 12,883]

Hello,

Does anyone have experience with petitioning for K-1 for fiance, after having already petitioned for green card for past husband?

I proposed this question a while back, but on the wrong forum. I have been married to an immigrant who obtained his green card in june of last year. (He was here on tourist visa originally when we met.) The marriage was pretty much over by the time of green card 4.5 years later (we were kind of young and stupid), but we didn't want to divorce until he got his residency. 6 months have passed and we plan to divorce by March (in my state, you must be legally separated for 6 months).

However, for the last year and half, I've been in love with my current fiance in Cuba. As soon as I divorce, I plan on submitting the K-1 fiance visa. I've spoken to several lawyers about this, and I think there shouldn't be a big problem, but I'm curious to know if anyone has experience with this. I guess it looks kind of shady - like I'm running a business here- but I'm NOT. And I'm frightened this may affect the success of the K-1 petition. We have plenty of proof.

Any opinions/advice/similar experiences out there?

Thanks!

You may face some additional scrutiny of the relationship bona fides. Otherwise, as long as you are free to marry, you are free to petitio for a fiance(e).

[payxibka 10,045]

Hello,

Does anyone have experience with petitioning for K-1 for fiance, after having already petitioned for green card for past husband?

I proposed this question a while back, but on the wrong forum. I have been married to an immigrant who obtained his green card in june of last year. (He was here on tourist visa originally when we met.) The marriage was pretty much over by the time of green card 4.5 years later (we were kind of young and stupid), but we didn't want to divorce until he got his residency. 6 months have passed and we plan to divorce by March (in my state, you must be legally separated for 6 months).

However, for the last year and half, I've been in love with my current fiance in Cuba. As soon as I divorce, I plan on submitting the K-1 fiance visa. I've spoken to several lawyers about this, and I think there shouldn't be a big problem, but I'm curious to know if anyone has experience with this. I guess it looks kind of shady - like I'm running a business here- but I'm NOT. And I'm frightened this may affect the success of the K-1 petition. We have plenty of proof.

Any opinions/advice/similar experiences out there?

Thanks!

If you are eligible you are eligible... if you qualify you qualify

[msu17 0]

This doesn't stop you from being allowed to file. Yes, it will probably raise the level of suspicion, so make sure you document EVERYTHING, make trips etc. If you can, possible go to the interview. Just make your case as strong as possible.

[charlieb1962 0]

didn't cause a problem for me (don't have the visa yet but went through uscis with no problems) and my ex-wife was here illegally when we met (13 years ago) i was told to explain this on the I-129f form on question 11 as this did pertain to my situation. good luck and don't worry about this, just have good proof about this relationship.

[bora bora 1]

Hello,

Does anyone have experience with petitioning for K-1 for fiance, after having already petitioned for green card for past husband?

I proposed this question a while back, but on the wrong forum. I have been married to an immigrant who obtained his green card in june of last year. (He was here on tourist visa originally when we met.) The marriage was pretty much over by the time of green card 4.5 years later (we were kind of young and stupid), but we didn't want to divorce until he got his residency. 6 months have passed and we plan to divorce by March (in my state, you must be legally separated for 6 months).

However, for the last year and half, I've been in love with my current fiance in Cuba. As soon as I divorce, I plan on submitting the K-1 fiance visa. I've spoken to several lawyers about this, and I think there shouldn't be a big problem, but I'm curious to know if anyone has experience with this. I guess it looks kind of shady - like I'm running a business here- but I'm NOT. And I'm frightened this may affect the success of the K-1 petition. We have plenty of proof.

Any opinions/advice/similar experiences out there?

Thanks!

You'll need A LOT of proof to show that you're in love with your Cuban fiancee and why the relationship didn't work out with your spouse. You can apply for the K1 but it does, as you put it, look shady.

[venusfire503 54]

The problem that might come up, if I read the post correctly, is that she stayed married to the first guy until he got his greencard, but was having a relationship with the new guy. [i'm not judging her - I met my new husband during the divorce proceedings with my first husband.] The reason USCIS might care about the situation is this... she needs to say how and when she met the new guy, and show proof of a relationship. I don't know if they'll notice that during the time she was establishing a relationship with him, she had to show proof of a valid marriage for the first guy to get his greencard. It's going to be difficult to figure out a way to explain this one.

Good luck

[venusfire503 54]

The problem that might come up, if I read the post correctly, is that she stayed married to the first guy until he got his greencard, but was having a relationship with the new guy. [i'm not judging her - I met my new husband during the divorce proceedings with my first husband.] The reason USCIS might care about the situation is this... she needs to say how and when she met the new guy, and show proof of a relationship. I don't know if they'll notice that during the time she was establishing a relationship with him, she had to show proof of a valid marriage for the first guy to get his greencard. It's going to be difficult to figure out a way to explain this one.

Good luck

Just want to add that I don't intend to sound mean. I'm just not able to phrase things the way I want right now. I hope you know what I'm trying to say though. USCIS might just say that you can't be in a bona fide marriage at the same time you're starting a bona fide relationship with someone else. Unless you two met and were just friends until after the greencard was issued to your husband, they might not accept the situation.

Does that make sense?

Or am I just digging myself in deeper here?

Sorry....

[Anh map 2,098]

I too was married before to an immigrant. Not the same part of the world as my current spouse. I met my ex wife here in the US, she later came on a tourist visa when she ended up staying and we got married.

As stated before it will most likely get greater scrutiny for the reasons that you (OP) have stated. Be sure to have all of your ex's info (address, work, etc.) as you may have to prove how long he has lived there and/or haow long you have lived apart.

In my case, it was just confirming my ex's address (she wasn't cooperative - a little extra work) and everything went fine.

As with everything else in this process be prepared and read through the appropriate regional forum for specifics.

Best of luck to both of you!

[bridget y rodolfo 0]

The problem that might come up, if I read the post correctly, is that she stayed married to the first guy until he got his greencard, but was having a relationship with the new guy. [i'm not judging her - I met my new husband during the divorce proceedings with my first husband.] The reason USCIS might care about the situation is this... she needs to say how and when she met the new guy, and show proof of a relationship. I don't know if they'll notice that during the time she was establishing a relationship with him, she had to show proof of a valid marriage for the first guy to get his greencard. It's going to be difficult to figure out a way to explain this one.

Good luck

Just want to add that I don't intend to sound mean. I'm just not able to phrase things the way I want right now. I hope you know what I'm trying to say though. USCIS might just say that you can't be in a bona fide marriage at the same time you're starting a bona fide relationship with someone else. Unless you two met and were just friends until after the greencard was issued to your husband, they might not accept the situation.

Does that make sense?

Or am I just digging myself in deeper here?

Sorry....

I understand what you're saying, and do not at all take offense. That's why I wanted to see if anyone had been in this situation before me, to see how it went for them.

Thanks for all your input!

[luck-e and Kookie 0]

Hi, I am currently waiting for my case to be sent here in manila since it is stucked in NVC since january 20, 2009. My fiance might have the same case as you do. He was married to his ex-wife for well over 8 or 9 yrs already. They got married here in Manila, he petitioned his ex wife last 2004 and got to the US as legal permanent resident, 10yr green card. (IR1 Visa). Me and my fiance met in the middle of his petition to his ex wife and had a kid with him. He tried to work their marriage out by continuing his petition with her thinking things will change when his ex wife gets to US. When the ex wife got her visa, she decided to fly to hawaii after a month of getting it. Before she got her visa, my fiance had a great offer from his uncle from a different state to try and open a business there. He took advantage of this business opportunity and went to Guam after acquiring his stuffs in manila that he will use with his new business. While his ex-wife was in hawaii, things never changed. My fiance said she's still the same as what she was before, keep on nagging,yapping on him that he couldnt stand it anymore. He is starting the business that he knows will be an opportunity for them but unfortunately, the ex-wife didnt understand and all she thinks is just herself just how she was before. things never changed and that is why my fiance decided to just get a divorce which they both agreed and fixed the custody of their 6 yr old kid. After he got the divorce decree, he filed for my petition and was approved. Now case is in NVC and hoping to be here in the next couple of weeks since we are on administrative processing ( which I know sucks ) because its another wait.

Anyway, good luck. as soon as I 'm done with the interview, I'll message you. There was one case also that is like this. it was from 'Billy' here in VJ. For as long as you are free to marry and can provide proofs of bonafide marriage, you should be all set. But then again, you might be asked, what happened to your old relationship, where is she now and will ask a lot of questions about your current relationshiop.

Hope this helps.