Previous foreign spouse

[MissBecs 0]

I came across the following in a FAQ section on some website I found.. it was a list of things that may slow the process for a K-1 down.

6. I sponsored my ex-wife’s K-1 visa for the U.S. and she eventually became a permanent resident. Unfortunately, our marriage didn’t work out and we were divorced. I have recently met a lady outside the U.S. and would like to bring her to America on the K-1 fiancee visa. Can I do this?

Perhaps. Congress passed new rules effective March 6, 2006 that state that a petitioner must wait two years from the filing of a prior K-1 visa until a K-1 visa may be issued to a second fiancee. If you can’t wait, a waiver based “extreme hardship” may be possible, although not if a petitioner has a record of violent criminal offenses. If you get by these hurdles, you will nonetheless have to convince the Embassy that your previous marriage was not a “sham” marriage. You also must provide documentary proof that your ex-wife either left the U.S. or lawfully adjusted her status to permanent residence

My fiance has only just had his court case for divorce from his previous spouse (they have been legally seperated for over 12 months now - long story as to why its taken so long) They were married for 8 years. However she did not enter USA on a K-1 visa, they married in Germany and did the whole Direct to Consulate thing.. Will my fiance need to file any other papers to immigration before we go ahead with the K-1 visa for myself? I am not too sure what the above means to be honest. I have been told she was a permanant resident of USA, but my fiance is not sure if he needs to do anything else. Has anyone experienced anything similar? was just a divorce paper enough?

[Penguin_ie 5,994]

You do not need to file any extra paperwork. Considering how long the first marriage lasted, I doubt there will be any major issues, but you may get some extra questions as to why you filed so soon after the divorce and regarding the nature of the first marriage.

[Gary and Alla 3,694]

I came across the following in a FAQ section on some website I found.. it was a list of things that may slow the process for a K-1 down.

6. I sponsored my ex-wife’s K-1 visa for the U.S. and she eventually became a permanent resident. Unfortunately, our marriage didn’t work out and we were divorced. I have recently met a lady outside the U.S. and would like to bring her to America on the K-1 fiancee visa. Can I do this?

Perhaps. Congress passed new rules effective March 6, 2006 that state that a petitioner must wait two years from the filing of a prior K-1 visa until a K-1 visa may be issued to a second fiancee. If you can’t wait, a waiver based “extreme hardship” may be possible, although not if a petitioner has a record of violent criminal offenses. If you get by these hurdles, you will nonetheless have to convince the Embassy that your previous marriage was not a “sham” marriage. You also must provide documentary proof that your ex-wife either left the U.S. or lawfully adjusted her status to permanent residence

My fiance has only just had his court case for divorce from his previous spouse (they have been legally seperated for over 12 months now - long story as to why its taken so long) They were married for 8 years. However she did not enter USA on a K-1 visa, they married in Germany and did the whole Direct to Consulate thing.. Will my fiance need to file any other papers to immigration before we go ahead with the K-1 visa for myself? I am not too sure what the above means to be honest. I have been told she was a permanant resident of USA, but my fiance is not sure if he needs to do anything else. Has anyone experienced anything similar? was just a divorce paper enough?

The new law will not affect your fiance. Full steam ahead, file that petition!