I-129F - Fiance Recently Divorced - Letter of Explanation Needed?

[hej1 0]

My fiance and I have been together for two years and we are ready to file the I-129f now that his divorce certificate has finally been issued.

My question: I have received conflicting advice on whether to include a statement about his recent divorce-- some say definitely do as a recent divorce may create problems in the K-1 process and others say it is not necessary as recent divorce should not be a factor since he is legally able to marry. Does anyone have advice on whether to include a statement in our cover letter or fiance letter of intent and, if we should include this, what information should we provide?

Some background on his divorce: my fiance married young, they separated almost immediately after, and they have lived in separate countries since (the past 7 years). Though the divorce process began years ago, the process is slow in Peru and the divorce certificate has just been issued.

Please advise and thanks very much!

[JimVaPhuong 4,863]

My fiance and I have been together for two years and we are ready to file the I-129f now that his divorce certificate has finally been issued.

My question: I have received conflicting advice on whether to include a statement about his recent divorce-- some say definitely do as a recent divorce may create problems in the K-1 process and others say it is not necessary as recent divorce should not be a factor since he is legally able to marry. Does anyone have advice on whether to include a statement in our cover letter or fiance letter of intent and, if we should include this, what information should we provide?

Some background on his divorce: my fiance married young, they separated almost immediately after, and they have lived in separate countries since (the past 7 years). Though the divorce process began years ago, the process is slow in Peru and the divorce certificate has just been issued.

Please advise and thanks very much!

It might not hurt to address the divorce with the initial petition. Let me explain...

A recent divorce by the beneficiary can be seen as a huge red flag at some consulates. This is a common tactic by some visa fraudsters who divorce, marry a US citizen, get's legal status, get's US citizenship in 3 years, divorces the US spouse, and then remarries and petitions for the original spouse in their home country. It's a way for a couple who are not otherwise qualified to BOTH come to the US with legal status in only a few years.

Whether the consulate will suspect this depends on the level of visa fraud in the foreign country, and how long it takes to immigrate from that country otherwise. Three years may seem like a long time to pull a scam like this, but in some country's the wait for any other type of visa can be decades.

Ok, the reason for addressing it in the initial petition - The consulate is not supposed to deny a visa for a reason that was known to USCIS at the time the petition was approved. In order to send a petition back to USCIS with a recommendation that the petition by revoked, the consulate is supposed to find a reason which USCIS was not aware of when the petition was initially approved, and which they believe would have resulted in USCIS not approving the petition the first time. Addressing your "red flags" in the petition is called "front loading", and many attorneys recommend it.

Be sure to include a copy of his divorce decree, as well as a certified translation into English. If you wish to explain the divorce in a letter, then whoever writes the letter (you or your fiance) should sign it and have their signature notarized. BE CAREFUL: Anything you submit with the petition will probably follow the petition to the consulate. The interviewing CO will SEE this information, and may ask detailed questions about it. If your fiance says anything at the interview to contradict what is written in the letter, then that's the ammunition the CO needs to deny the visa application, and send everything back to USCIS. The danger of front loading is that it gives the CO more information than they would otherwise have.

[Susita 175]

My fiance and I have been together for two years and we are ready to file the I-129f now that his divorce certificate has finally been issued.

My question: I have received conflicting advice on whether to include a statement about his recent divorce-- some say definitely do as a recent divorce may create problems in the K-1 process and others say it is not necessary as recent divorce should not be a factor since he is legally able to marry. Does anyone have advice on whether to include a statement in our cover letter or fiance letter of intent and, if we should include this, what information should we provide?

Some background on his divorce: my fiance married young, they separated almost immediately after, and they have lived in separate countries since (the past 7 years). Though the divorce process began years ago, the process is slow in Peru and the divorce certificate has just been issued.

Please advise and thanks very much!

The divorces in Peru DO take an extremely large period of time to process. A friend of ours has been "divorced" physically from her husband for like 6 years and they are still waiting for the certificate which should hopefully arrive soon for her. She's in a relationship with a guy from S. Africa and he lives in Peru, they can't get married until that's done & they want to apply for a tourist visa for her to go to S. Africa to visit and they can't do that either.

It really does stink. I'm pretty happy Luis was never married!

I wouldn't go into extreme detail but I would state in the cover letter that the divorce certificate is enclosed in the packet. That's just me. I know a few people who filed for their K1 like the next day that they received their divorce decree. You may need to explain in more detail to the consul in Lima, but I'm sure that if anyone is aware of the length of time it takes to get divorced over there, it's them. (They were very nice & understanding by the way, quite a surprise)

Good luck!