Not Divorced from Ex when we met....

[ScottThuy 140]

I was still married to my Ex-wife when I first met my current fiance'. Divorce had been discussed for some time, but I had not yet thrown in the towel. I initiated the proceedings shortly therafter, but it took some time to get it completed and may appear as if I was married while carrying on with my fiance' ....Not the case... I read an article by Mark Ellis an immigration atty. that mentioned this as a "red flag". Has anyone recently divorced prior to the new relationship and been denied as a result? Anyone done same and had no issue?

I would hate to see this be an issue for us.... IF USCIS/DHS has no problem with it and sends us on to the consulate it should be no issue right?

Edited July 4, 2009 by ScottThuy

[Gary and Alla 3,694]

I was still married to my Ex-wife when I first met my current fiance'. Divorce had been discussed for some time, but I had not yet thrown in the towel. I initiated the proceedings shortly therafter, but it took some time to get it completed and may appear as if I was married while carrying on with my fiance' ....Not the case... I read an article by Mark Ellis an immigration atty. that mentioned this as a "red flag". Has anyone recently divorced prior to the new relationship and been denied as a result? Anyone done same and had no issue?

I would hate to see this be an issue for us.... IF USCIS/DHS has no problem with it and sends us on to the consulate it should be no issue right?

Generaly not a problem, though you CAN expect yoru fiancee to be asked about it, so make sure she knows. Some consulates my take a dimmer view of it than others. in itself it is NOT a cause for denial. Check the China sub-forum for direct experience. I know of several couples with this same situation that went through Kiev in the alst couple of months. ALL were asked questions about it, ALL received their visas

[Otto 83]

As long as you are/were free to marry at the time the petition was submitted - you'll be just fine. I think it (what you're describing) happens a good bit of the time according to what I've read from other VJ members - none that I've seen were denied. There really is no 'carrying-on' rule.

[ScottThuy 140]

She is really familiar with everything about me and my life past and present... If they ask anything she will know the truth and can share with them as needed. I actually posted a list of questions in another post, that we go through to be sure there are no informational hurdles..

[Octopuss 0]

Hi Scott,

I am in the same situation. I was also married when I met my fiance and I am waiting for the divorce decree to start the procedure. I asked advise to an attorney, he said there should be no problem as far as you send the divorce decree AND its translation by a certified translator together with your K1- request. Don't forget the translation otherwise they will come back to you and you will lose time.

[rebeccajo 14]

Consulate specific.

Read up on HCMC and how to handle any questions asked by the CO.

It certainly won't make a bit of difference in the approval of the I129F. It may be an issue at the interview.

[jsnearline 2]

You may want to make another visit to Vietnam to meet your fiancee again before your interview. From what I've read, the consulate will be interested to see whether you have met her family, had an engagement ceremony, etc...

[ScottThuy 140]

You may want to make another visit to Vietnam to meet your fiancee again before your interview. From what I've read, the consulate will be interested to see whether you have met her family, had an engagement ceremony, etc...

I have already met them all and will be there for Dam Hoi in September likely.. There will not be an issue with my knowing her family or being there enough....

Consulate specific.

Read up on HCMC and how to handle any questions asked by the CO.

It certainly won't make a bit of difference in the approval of the I129F. It may be an issue at the interview.

The CO's at HCMC are brutal from what I find.. I have prepared a list of questions (another discussion) and we are both very familiar with what to expect from them.. I have included some really off the wall questions that were posted by others in the past.

[JimVaPhuong 4,863]

I was still married to my Ex-wife when I first met my current fiance'. Divorce had been discussed for some time, but I had not yet thrown in the towel. I initiated the proceedings shortly therafter, but it took some time to get it completed and may appear as if I was married while carrying on with my fiance' ....Not the case... I read an article by Mark Ellis an immigration atty. that mentioned this as a "red flag". Has anyone recently divorced prior to the new relationship and been denied as a result? Anyone done same and had no issue?

I would hate to see this be an issue for us.... IF USCIS/DHS has no problem with it and sends us on to the consulate it should be no issue right?

Hi Scott.

The consulate in HCM looks closely at relationships where either party was recently divorced, and they very frequently send back petitions that USCIS approved. USCIS is mainly concerned that you have met the conditions necessary to approve the petition. The consulate in HCM is much more concerned about whether the relationship is genuine and not just for the purpose of immigration.

If the US citizen was recently divorced, then they're going to wonder if the divorce wasn't simply to facilitate getting a visa and ultimately a green card for the Vietnamese fiancee. They're going to look into your background - probably want proof of where your ex-wife lives. They're going to want to know if you know any of your fiancee's relatives in the US, to see if maybe one of them arranged the relationship. What they'll suspect is that you might divorce your Vietnamese wife as soon as she get's her 10 year GC, and then reunite with your original wife.

If the Vietnamese fiancee was recently divorced then they're going to be even more suspicious. A common scam is for the girl to divorce her Vietnamese husband, hook up with an American, move to the US and marry, become a naturalized citizen in 3 years, divorce the US citizen husband, and then petition for her original husband who is still living in Vietnam.

At the very least, I think the consulate is going to want proof that your ex-wife is not still living with you. This is something like a utility bill with her name and address on it. I've seen people say this was requested on the blue slips they've gotten in HCM.

Good luck!

[ScottThuy 140]

Jim,

She got the house and I moved to the other side of the same city when we split. I can provide them with my utility bill and one for her for the same month another address? That should address the address..lol... I can include a notarized witness statement as well.

I will have Thuy do something similar in her case as well... and have a notarized letter saying the same from a witness.

She does not have any family here that her family is aware of.. they are from Ha Tay so its not as common as is the family was from HCMC.

I read that article Ellis wrote about Co's (HCMC) denying based on anything they could find.... and that it was contrary to law. That they were supposed to be the final look see to find something that USCIS may have missed or catch fraud they did not see. A slight bit of confusion on the part of the OP about an off the wall question could put the case back to USCIS aleging that they were intentionally misleading or hiding info.

I am thinking that I will be looked at as shady when they see the divorce dates.... and meeting dates.... I guess it could be worse so I will stay positive and keep getting my ducks in a row...

[WhidbeyGirl 1]

Same situation for me. We met about a month before I filed papers for divorce. But my ex was in prison so I don't anticipate any issue.

[SuperDuper! 230]

Same situation for me. We met about a month before I filed papers for divorce. But my ex was in prison so I don't anticipate any issue.

For singing out of tune in the church choir, we're sure

[JimVaPhuong 4,863]

Jim,

She got the house and I moved to the other side of the same city when we split. I can provide them with my utility bill and one for her for the same month another address? That should address the address..lol... I can include a notarized witness statement as well.

I will have Thuy do something similar in her case as well... and have a notarized letter saying the same from a witness.

She does not have any family here that her family is aware of.. they are from Ha Tay so its not as common as is the family was from HCMC.

I read that article Ellis wrote about Co's (HCMC) denying based on anything they could find.... and that it was contrary to law. That they were supposed to be the final look see to find something that USCIS may have missed or catch fraud they did not see. A slight bit of confusion on the part of the OP about an off the wall question could put the case back to USCIS aleging that they were intentionally misleading or hiding info.

I am thinking that I will be looked at as shady when they see the divorce dates.... and meeting dates.... I guess it could be worse so I will stay positive and keep getting my ducks in a row...

I think they look at every case as being "shady", and probably everyone has at least one red flag to the CO's in HCM. From what I've seen (and from what Marc writes in his articles), the key to maximizing your chances of success are to know what YOUR red flags are, and to address them adequately. Your recent divorce is a red flag, but it should be relatively easy to address if you can show that both you and your ex have moved on with your lives.

Maybe Anh Map will chime in here. I recall reading that his fiancee (now his wife) originally got a blue slip for details about his ex-wife.

Yep, he mentioned it here...

http://www.visajourney.com/forums/index.ph...t&p=1044571

[ScottThuy 140]

Jim,

She got the house and I moved to the other side of the same city when we split. I can provide them with my utility bill and one for her for the same month another address? That should address the address..lol... I can include a notarized witness statement as well.

I will have Thuy do something similar in her case as well... and have a notarized letter saying the same from a witness.

She does not have any family here that her family is aware of.. they are from Ha Tay so its not as common as is the family was from HCMC.

I read that article Ellis wrote about Co's (HCMC) denying based on anything they could find.... and that it was contrary to law. That they were supposed to be the final look see to find something that USCIS may have missed or catch fraud they did not see. A slight bit of confusion on the part of the OP about an off the wall question could put the case back to USCIS aleging that they were intentionally misleading or hiding info.

I am thinking that I will be looked at as shady when they see the divorce dates.... and meeting dates.... I guess it could be worse so I will stay positive and keep getting my ducks in a row...

I think they look at every case as being "shady", and probably everyone has at least one red flag to the CO's in HCM. From what I've seen (and from what Marc writes in his articles), the key to maximizing your chances of success are to know what YOUR red flags are, and to address them adequately. Your recent divorce is a red flag, but it should be relatively easy to address if you can show that both you and your ex have moved on with your lives.

Maybe Anh Map will chime in here. I recall reading that his fiancee (now his wife) originally got a blue slip for details about his ex-wife.

Yep, he mentioned it here...

http://www.visajourney.com/forums/index.ph...t&p=1044571

We PM'd about and I think I got it all covered...

[David-Hien 11]

We were in the same situation as yours, Marc Ellis said I might get the blue sheet. I tried to prove in the interview our relationship and I passed.

The most important thing is evidence and her English skill. Your timeline should be reasonable and correct.