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

[Y's_habibitk 2]

technically, he should be denied at the time of his interview. He wasnt free to marry at the time of your petition and it "slipped" through. IF NVC was verifying his divorce, they would have notified you at that time that he was still legally married. So, no.. I dont think NVC was checking on that. I think you guys got approved by USCIS by mistake and the consulate may or may not catch it when/if he has to present his divorce documents.

I agree with nigeria or bust and think you should "come clean" and withdraw the application so that you may file again "legally". I know this sucks for you guys since it wasnt intentional, but you dont want to get into serious trouble down the road and run the chance that he will receive a lifetime ban from returning to the US.

Im sorry this has happened due to a misunderstanding and I hope you guys can get back on track quickly.

[LostandScared 0]

Thank you Nigeriaor bust and Lisa...I really apprecite the info/advice and we have alot to consider.

[~Jackie~ 30]

I can see this getting caught at the embassy level in Amman. Or worse yet, at the adjustment of status stage in America.

good luck to you

Jackie

[~PalmTreeGurl~ 154]

IMO, since you are still so early on with the process its much better to start over now. You dont want to find out at the interview he could get denied bcz of that and that would be even longer to start over again from, if even possible. Wish you the best. Everything happens for a reason though.

[Old Dominion 26]

This is a difficult one to resolve. The USCIS approved the petition without asking for evidence of divorce. The approved petition is at the consulate, and he will be interviewed. The consulate must accept that the approved petition has already been examined thoroughy. So, they act on the beneficiary's application for the visa, based on a decision already made by the USCIS.

The Dept of State (consulate) doesn't really search for flaws in an approved petition as that is not their job. They search for evidence of a bona fide relationship, that the sponsor can afford to support the beneficiary, and that there are no criminal or other troublesome situations on his record. Date of the divorce is not relevant to them. That is the logic I believe the consulate will follow. Try to be there for the interview....it will help.

[thepizzadude 26]

Thank you Nigeriaor bust and Lisa...I really apprecite the info/advice and we have alot to consider.

The only thing you have to consider is this "are you willing to risk your future if you get caught". Misrepresentation by accident or on purpose is the same thing in the eyes of the law. The instructions clearly state "D. If either you or your fiancé(e) were married before, give copies of documents showing that each prior marriage was legally terminated." If it is discovered they will only assume you are hiding the truth, they will not believe the OOPS factor.

So, you got lucky and nobody caught your error yet. Your thinking "So somehow they made a mistake or they let it go by?" is wishful thinking. It was overlooked and not caught at the first stage of this process, there is a LOOOOOONG way to go yet where it may be caught. YOU SHOULD really be thinking "I DO NOT WANT THIS TO BE DISCOVERED WHEN WE ARE FILING AOS"

Not trying to be the sour apple in the group but you need to step up and get real with the decision making processes going on in your head before you make a very "&(%*$#" big error.

Good Luck I hope you make the right choice...and just a hint it's not LETS WAIT AND SEE WHAT HAPPENS!

[thepizzadude 26]

This is a difficult one to resolve. The USCIS approved the petition without asking for evidence of divorce. The approved petition is at the consulate, and he will be interviewed. The consulate must accept that the approved petition has already been examined thoroughy. So, they act on the beneficiary's application for the visa, based on a decision already made by the USCIS.

The Dept of State (consulate) doesn't really search for flaws in an approved petition as that is not their job. They search for evidence of a bona fide relationship, that the sponsor can afford to support the beneficiary, and that there are no criminal or other troublesome situations on his record. Date of the divorce is not relevant to them. That is the logic I believe the consulate will follow. Try to be there for the interview....it will help.

So are you saying that once it get approved by USCIS there is no chance an error will be found or looked for? This line leads me to think "That is the logic I believe the consulate will follow" the following line might be true. That is the logic...you think the government and this process is logical, and You believe.

This is wishful thinking on your part and has nothing to do with actual knowledge. Could you possibly cite some sources for your information that you are stating as fact.

Sorry but I think this persons future deserves a little more than someones belief that this process we all go through is in any way logical.

[morocco4ever 63]

This is a difficult one to resolve. The USCIS approved the petition without asking for evidence of divorce. The approved petition is at the consulate, and he will be interviewed. The consulate must accept that the approved petition has already been examined thoroughy. So, they act on the beneficiary's application for the visa, based on a decision already made by the USCIS.

The Dept of State (consulate) doesn't really search for flaws in an approved petition as that is not their job. They search for evidence of a bona fide relationship, that the sponsor can afford to support the beneficiary, and that there are no criminal or other troublesome situations on his record. Date of the divorce is not relevant to them. That is the logic I believe the consulate will follow. Try to be there for the interview....it will help.

In agree and disagree with your post. The consulate may have to accept that the petition was approved, and they don't have the right to deny the petition. BUT they are LOOKING for reasons to deny a visa. The fact that it is clear cut that the petition in fact should never have been approved I can see the consulate (especially one from the MENA) finding that discrepancy, especially since it is a fact that pologamy is accepted in the MENA, and this is going to be one of the things they will specifically look at.

Now the consulate does not have the right to deny the petition, but they have every right to deny a visa and send it back to the USCIS with their findings and recommend that the petition be revoked. And there is no doubt that if this did happen it would be revoked. The return of a petition is lengthy process. Why would anyone take chances when this is a very likely outcome?

I think you are best to come clean. I am not sure if canceling a petition could damage any future petitions however. What ever you do, you must research it thoroughly to ensure success in the end.

[~Jackie~ 30]

I have experience in filing, canceling and re-filing.

Last year I filed an I130 and 3 weeks later, cancelled it. Filed again 2 months later and it was approved with no mention of the first filing. As long as it is documented and you file the proper steps to cancel it should not be a problem with USCIS.

You must PAY again whick sux but better to add a few months on now..than risk a lifetime ban.

Jackie

[Hannah+Vito 0]

This is a difficult one to resolve. The USCIS approved the petition without asking for evidence of divorce. The approved petition is at the consulate, and he will be interviewed. The consulate must accept that the approved petition has already been examined thoroughy. So, they act on the beneficiary's application for the visa, based on a decision already made by the USCIS.

The Dept of State (consulate) doesn't really search for flaws in an approved petition as that is not their job. They search for evidence of a bona fide relationship, that the sponsor can afford to support the beneficiary, and that there are no criminal or other troublesome situations on his record. Date of the divorce is not relevant to them. That is the logic I believe the consulate will follow. Try to be there for the interview....it will help.

When I applied for my K1 Visa in UK, they send you notices in two parts at the consulate stage. the first part (known as packet three) was the checklist asking you to fill out and sent back forms and also make sure you have certain documents depending on your circumstance, with you at the interview. once you have these things then they give you an interview date. one those documents you had to have with you if you are a divorcee is the the divorce decree (or what ever the final bit of paper is) for all prior terminated marriages for both the USC and intending immigrant/foreign fiance/ee/spouse)

So in that train of thought they (embassy officers) must care about the date of divorce, otherwise if they left that up to uscis why bother requesting the divorce decrees for the interview?

In my opinion it looks like they are probably faced with denial at interview if they wait till interview anyway, therefore letting this application continue will not save time on a later application. but bigger concern in my eyes is that they should protect themselves from being accused of misrepresentation.

perhaps its best to consult with immigration lawyer as to the best way to withdraw current petition so as not to hurt a later application?

[Jamaican JNR 2]

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.

To me it sounds a bit tricky. I would seek the advice of an immigration attorney.

[Donna A 4]

ok, one of the mena girls (i cant remember her name now) something similar happened and she didnt find out he was married until they were at the interview. if someone can remember her name u might be able to talk with her and find out what she did. i think she still went ahead with the visa some how. i think he even clearly lied to her calling his kids nephews or neices or something like that. he was fully aware he was still married. so that situation was a little more complex then urs and i think they made it thru.

[meowmeowmeow 1]

ok, one of the mena girls (i cant remember her name now) something similar happened and she didnt find out he was married until they were at the interview. if someone can remember her name u might be able to talk with her and find out what she did. i think she still went ahead with the visa some how. i think he even clearly lied to her calling his kids nephews or neices or something like that. he was fully aware he was still married. so that situation was a little more complex then urs and i think they made it thru.

not to sidetrack the topic, but how could she accept being with him knowing that he was still married on top of that? was he trying to scam her? that's really nuts.

[NigeriaorBust 4,087]

The most probable thing I see happening during the interview is the CO saying something like " I see you have been married before, when was the divorce final ? " Any answer to that question leads down a bad road. Tell the truth and you get denied because you weren't free to marry when you applied. Lie and if it EVER comes up later you have lied under oath and pull a lifetime ban for misrepresentation. I don't think immigration is very understanding especially in MENA, West Africa and Asia.

[LostandScared 0]

Thank you again to everyone for your advice!! I wrote a letter to the embassy and I asked that the letter be shown to an immigration officer for consultation. After reading all the advice here, I also asked if it was best to withdrawl the petition and start again. I recieved a letter back this morning at 3:30AM my time. (Jordan embassy open Sun-Thurs) The immigration officer told me that the best thing to do is to send my fiance to the interview with a notorized letter from me stating that I knew about his former marriage/divorce and he did not hide it from me and to explain the situation as I had explained it to him regarding the dates. The actual date of his divorce certificte is 2 days after the date of our NOA1. He said that there are no guarentees of approval, but being honest is the best way to go and will help us in the future should we have the need to refile. He said not to cancel the interview and refile yet, that they have had many cases like this in the past and it doesn't necessarily disqualify us. He said that if the visa would be denied, at that time we should talk to an immigration attorney to see what the best option is for us (i.e. marrying and the filing I130). He was really nice. Now, as far as AOS goes, that's another story. I think I need to talk to USCIS about that. THank you again for all of your advice guys. I will keep you updated and in the mean time all I can do is pray.