Just found out divorce was not final before applying for finace visa

[LostandScared 0]

Good morning. I have another name with profile and timeline, but I made this one up for the purpose of asking this question unanimously. I am he USC.

I am scared that we are in trouble and I need your help to figure out how to fix this....My fiance has been scheduled for an embassy interview very soon for the K1 Fiance Visa.

A few months ago he started a new job. For tax purposes the job required him to go to the courthouse and get a certificate of his marriage status. This is where it gets tricky- He found out that he was still legally married. Of course, right away he paid the money and completed the divorce, but he is from a small village and did not understand the procedure and thought he had ben divorced for years. The date of the divorce is AFTER we filed for the fiance visa but BEFORE we were approved from USCIS.

But now we are stuck....will this disqualify us? What do we do do? Please help..this is a very honest mistake and a very sad situation.

[GregwedsAngel 0]

No it won't. Just make your fiance bring to the interview at whichever consulate his interview will be an authentic proof that he is already outside of marital encumbrance. LEGAL PROOF.

[angelane 0]

it depends upon the uscis dpend also the interviewer of the embassy. pm me if you have question

[LostandScared 0]

Thank you very much to both angels. This gives us hope that we are not just destroyed completely. The proof of divorce he now has is legal and from the court. I am also going to email the embassy unanimously and see what they say. We only want to be honest and this was a true honest mistake.

[Donna A 4]

didnt you turn in the divorse papers with your application? im confused. when you filed the application for the k-1 you would have had to send in the divorse papers. wouldnt you have known then he wasnt divorsed?

[LostandScared 0]

didnt you turn in the divorse papers with your application? im confused. when you filed the application for the k-1 you would have had to send in the divorse papers. wouldnt you have known then he wasnt divorsed?

I know, this is very odd. We did not turn in any divorce papers with USCIS petition excecpt for mine. And we never got an RFE. So somehow they made a mistake or they let it go by? Maybe I should contact USCIS instead of the embassy?

Edited August 8, 2009 by LostandScared

[sara..... 371]

to qualify for k1 u must both be legally single how in the world did it get approved in the service center and forwarded to the embassy?

sara

[LostandScared 0]

to qualify for k1 u must both be legally single how in the world did it get approved in the service center and forwarded to the embassy?

sara

I don't know. We both wrote divorced. I enclosed my divorce paper. He put date and place of his. (what he thought was his) and that was it. And we were approved, spent about 10 days at NVC, and then forwarded to embassy.

I'm thinking maybe I need to talk to an immigration lawyer.

[LostandScared 0]

to qualify for k1 u must both be legally single how in the world did it get approved in the service center and forwarded to the embassy?

sara

I don't know. We both wrote divorced. I enclosed my divorce paper. He put date and place of his. (what he thought was his) and that was it. And we were approved, spent about 10 days at NVC, and then forwarded to embassy.

I'm thinking maybe I need to talk to an immigration lawyer.

I just had a thought. Maybe the reason it stayed so long at NVC was because somehow they were verifying his divorce?????

[sara..... 371]

to qualify for k1 u must both be legally single how in the world did it get approved in the service center and forwarded to the embassy?

sara

I don't know. We both wrote divorced. I enclosed my divorce paper. He put date and place of his. (what he thought was his) and that was it. And we were approved, spent about 10 days at NVC, and then forwarded to embassy.

I'm thinking maybe I need to talk to an immigration lawyer.

i really hope that u dont have to reapply.

im not sure that an attorney could help at this point but i would for sure contact one just to know ur options but u could be lucky and it just goes thru at the embassy stage. i will put u in my prayers

sara

[LostandScared 0]

to qualify for k1 u must both be legally single how in the world did it get approved in the service center and forwarded to the embassy?

sara

I don't know. We both wrote divorced. I enclosed my divorce paper. He put date and place of his. (what he thought was his) and that was it. And we were approved, spent about 10 days at NVC, and then forwarded to embassy.

I'm thinking maybe I need to talk to an immigration lawyer.

i really hope that u dont have to reapply.

im not sure that an attorney could help at this point but i would for sure contact one just to know ur options but u could be lucky and it just goes thru at the embassy stage. i will put u in my prayers

sara

Thank you so much Sara. You are in my prayers too. I am thinking I should try and figure out how to move this topic to MENA since I don't understand Muslim divorce and this is from a MENA country.

[LostandScared 0]

Hi, Thank you for taking the time to read this post. I have another name, but I created this one so that I could be anonymous. I also posted this question today in Embassy Forum but think that it might be more appropriate for here.

I am the USC. My finace is from Jordan.

We filed for our finace visa, were approved, spent about 10 days in NVC, and then had our case forwarded to Amman and my finance has his interview in a couple of weeks.

My fiance is from a small village. He doesn't know anyone ever who has been divorced. His first wife was American and she did not follow through on her promise to move to Jordan and in fact abandonded him after a few days, with no contact. He said the words of talaq and thought he had been divorced since 2006.

Recently he was at the court in Amman and discovered that he was still legally married. He was shocked. He gladly paid the 70jds and had it in writing that he was divorced.

Here is the issue. We don't know what to do now. The divorce on his offical paper is dated AFTER we applied to USCIS. Even though everything is complete, and he is LEGALLY and OFFICIALLY divorced, we are afraid he will be denied due to the fact that the date is later than the USCIS initial filing.

Has anyone ever been in this situation or have any advice? Is there a way to prove that he uttered taraq but not in the court? Please feel free to pm me if you would rather be anonymous when answering. Any help would greatly be appreciated. I have also e-mailed the embassy in Jordan and asked them what to do, and we will also be talking to an immigration lawyer both here and in Jordan. Thank you.

[Kathryn41 3,205]

Moved from Embassy Forum to MENA forum - hopefully you'll get more answers here.

(Merged with duplicate post)

Edited August 8, 2009 by Kathryn41

[LostandScared 0]

Moved from Embassy Forum to MENA forum - hopefully you'll get more answers here.

(Merged with duplicate post)

Thank you so mch Kathryn. xoxo

[NigeriaorBust 4,087]

The rules state that both must be free to marry on the date of the application. You did not meet that requirement. So far the mistake has not been caught. But there are several more points where they could ask to see his divorce papers, including the interview there, at AOS and so on. If at any of these they find you "misrepresented" the facts you could be in for real trouble in the form of a lifetime ban. I know you don't want to hear this but I think the safe route is to tell immigration the facts and refile a new petition. I would ask a GOOD immigration attorney such as Marc Ellis because you are playing with fire. It would be better to wait again for a new K1 then to get here , marry and then run into issues at AOS.

so sorry.