Preparing to file for K1! :)

[Cally & Blue 0]

Hi!

We're starting to plan and prepare to apply for my K1 visa to join my fiancé in the USA

So excited, and like any other women here have gotten well underway with planning the wedding!!

I just have a couple of questions:

1 - my divorce from my ex-husband is going through presently, we've been separated for 4 years, just had no reason to file until now.

I know my fiancé and I can't start our K1 application until this is finalised, but I notice on the forms it asks for the date the marriage was dissolved.

Will it affect our application if this date is so recent? We plan to start the process right away as soon as it's finalised in the courts.

Blue and I getting together wasn't the cause of the breakdown, btw. We were young and incompatible

2 - work: I want to start working as soon as I can when I enter the US, but from what I can tell from the posts the EAD is hard to come by unless you're actually sponsored by a company to come over. Is there any other way of doing it or should I just be happy to be a kept woman until my AOS goes through?

Good to meet you all!

Cally (and Blue)

[rsn 135]

Hi!

We're starting to plan and prepare to apply for my K1 visa to join my fiancé in the USA

So excited, and like any other women here have gotten well underway with planning the wedding!!

I just have a couple of questions:

1 - my divorce from my ex-husband is going through presently, we've been separated for 4 years, just had no reason to file until now.

I know my fiancé and I can't start our K1 application until this is finalised, but I notice on the forms it asks for the date the marriage was dissolved.

Will it affect our application if this date is so recent? We plan to start the process right away as soon as it's finalised in the courts.

Blue and I getting together wasn't the cause of the breakdown, btw. We were young and incompatible

2 - work: I want to start working as soon as I can when I enter the US, but from what I can tell from the posts the EAD is hard to come by unless you're actually sponsored by a company to come over. Is there any other way of doing it or should I just be happy to be a kept woman until my AOS goes through?

Good to meet you all!

Cally (and Blue)

1. As long as you are free to marry, you should be fine.
2. You can apply for an EAD (not free) when you get to the U.S. on a K1 before you file for AOS, but it will take some time to process and is no longer valid after your I-94 expires. Your best bet is to marry and file for AOS (I-485 & I-765) ASAP and wait for the EAD card. Another option would be to marry in the U.K. & file for a CR-1. With a CR-1, you can work as soon as you arrive in the U.S.

Edited November 5, 2009 by rsn

[SunDrop 59]

Hi!

We're starting to plan and prepare to apply for my K1 visa to join my fiancé in the USA

So excited, and like any other women here have gotten well underway with planning the wedding!!

Hiya and welcome to VJ!

I just have a couple of questions:

1 - my divorce from my ex-husband is going through presently, we've been separated for 4 years, just had no reason to file until now.

I know my fiancé and I can't start our K1 application until this is finalised, but I notice on the forms it asks for the date the marriage was dissolved.

Will it affect our application if this date is so recent? We plan to start the process right away as soon as it's finalised in the courts.

Blue and I getting together wasn't the cause of the breakdown, btw. We were young and incompatible

Not filing for a visa via London, no. Some beneficiary countries frown on there ever having been a previous marriage, but it's usually a cultural thing and not one that London frowns upon (thank goodness!) I'm in a similar situation myself, having just filed our divorce petition after 7 years of separation. You could file the I129F on the day your degree absolute is issued.

2 - work: I want to start working as soon as I can when I enter the US, but from what I can tell from the posts the EAD is hard to come by unless you're actually sponsored by a company to come over. Is there any other way of doing it or should I just be happy to be a kept woman until my AOS goes through?

As the visa you're applying for is a 'non-immigrant' visa, you do need an EAD to work. The EAD is something you apply for after you're married and have submitted your AOS (Adjustment of Status) It takes about 3-6 months to come through, but nothing with immigration is ever certain! So, yes. Enjoy being a kept woman. It's going to be a big adjustment as it is and you'll have your hands more than full sorting out the AOS stuff, getting used to your new surroundings and sorting out your Social Security Number (SSN) and driving license, etc.

Good to meet you all!

Likewise!

Cally (and Blue)

[SunDrop 59]

1. As long as you are free to marry, you should be fine.
2. You can apply for an EAD (not free) when you get to the U.S. on a K1 before you file for AOS, but it will take some time to process and is no longer valid after your I-94 expires. Your best bet is to marry and file for AOS (I-485 & I-765) ASAP and wait for the EAD card. Another option would be to marry in the U.K. & file for a CR-1. With a CR-1, you can work as soon as you arrive in the U.S.

If you'd rather go the CR1 route, don't try and get married in England. Your fiance would need a visa to come here to get married. Registrar won't issue the license without it. You could however go to the US on the visa waiver program, get hitched and then return to the UK and wait for the CR1 to go through. The benefit of a CR1 is that it's cheaper because you don't need to adjust your status and you are granted a GC instead of a 'single use entry visa' aka the K1 (or K3). With a GC, you are immediately authorised to work. It takes a smidge longer than a K1 to process, but if you're not opposed to spending the first year of your married life apart (give or take), then well worth it!

[Cally & Blue 0]

1. As long as you are free to marry, you should be fine.
2. You can apply for an EAD (not free) when you get to the U.S. on a K1 before you file for AOS, but it will take some time to process and is no longer valid after your I-94 expires. Your best bet is to marry and file for AOS (I-485 & I-765) ASAP and wait for the EAD card. Another option would be to marry in the U.K. & file for a CR-1. With a CR-1, you can work as soon as you arrive in the U.S.

If you'd rather go the CR1 route, don't try and get married in England. Your fiance would need a visa to come here to get married. Registrar won't issue the license without it. You could however go to the US on the visa waiver program, get hitched and then return to the UK and wait for the CR1 to go through. The benefit of a CR1 is that it's cheaper because you don't need to adjust your status and you are granted a GC instead of a 'single use entry visa' aka the K1 (or K3). With a GC, you are immediately authorised to work. It takes a smidge longer than a K1 to process, but if you're not opposed to spending the first year of your married life apart (give or take), then well worth it!

We're going through the K1 option so his mother can see us married and I can stay in the US after we wed. Last time I was over there (September) it was so hard parting at the airport we swore we'd not go through it any more than necessary! So when we're married, we're staying together.

When I came home from the US, I had a letter from the court about my divorce, advising they couldn't accept my response as I'd apparently signed the wrong name. My ex petitioned it and it came in my maiden name... I signed in my married name, not thinking. Grr. I emailed him about it end of September and said Id had the letter, he said he was sorting it out. Not heard anything more yet... I really hope it all goes through soon!

Edited November 6, 2009 by Cally & Blue

[Gary and Alla 3,694]

Hi!

We're starting to plan and prepare to apply for my K1 visa to join my fiancé in the USA

So excited, and like any other women here have gotten well underway with planning the wedding!!

I just have a couple of questions:

1 - my divorce from my ex-husband is going through presently, we've been separated for 4 years, just had no reason to file until now.

I know my fiancé and I can't start our K1 application until this is finalised, but I notice on the forms it asks for the date the marriage was dissolved.

Will it affect our application if this date is so recent? We plan to start the process right away as soon as it's finalised in the courts.

Blue and I getting together wasn't the cause of the breakdown, btw. We were young and incompatible

2 - work: I want to start working as soon as I can when I enter the US, but from what I can tell from the posts the EAD is hard to come by unless you're actually sponsored by a company to come over. Is there any other way of doing it or should I just be happy to be a kept woman until my AOS goes through?

Good to meet you all!

Cally (and Blue)

1. Should not affect anything. If you were from a high fraud country it could be a red flag

2. The EAD is easy to come by. Arrive, get married and file for it. 2-3 months later you will hav eit. Until then...no work. If that is a major concern, the get married firts and file for a CR-1. The time from filing until you can work is about the same with either visa, it is just a matter of where you wait.

[Cally & Blue 0]

1. Should not affect anything. If you were from a high fraud country it could be a red flag

2. The EAD is easy to come by. Arrive, get married and file for it. 2-3 months later you will hav eit. Until then...no work. If that is a major concern, the get married firts and file for a CR-1. The time from filing until you can work is about the same with either visa, it is just a matter of where you wait.

Ahh, thank you It didn't even occur to me that it may cause a problem until I saw the form! I'm easier about it now.

We want to remain together after the wedding, so I think I'll just go through the K1, we'll marry then I'll apply for the EAD. Not working won't be a major issue for at least the first few months hopefully - I'll have sold everything furniture wise here so will have a bit of a security blanket for us both! Blue works full time so we should be alright. So long as he doesn't get too used to having dinner on the table when he gets in!!

[SunDrop 59]

We're going through the K1 option so his mother can see us married and I can stay in the US after we wed. Last time I was over there (September) it was so hard parting at the airport we swore we'd not go through it any more than necessary! So when we're married, we're staying together.

When I came home from the US, I had a letter from the court about my divorce, advising they couldn't accept my response as I'd apparently signed the wrong name. My ex petitioned it and it came in my maiden name... I signed in my married name, not thinking. Grr. I emailed him about it end of September and said Id had the letter, he said he was sorting it out. Not heard anything more yet... I really hope it all goes through soon!

I hear ya. My SO feels the same way about us being able to start living our married lives together. He doesn't even want to do the 'legal' JP wedding and then a romantic ceremony at a leisurely pace. He's never been married before, so it's important to him to 'do it properly'. I can respect that, but obviously with the experience of having been married before, I appreciate how the certificate is just a piece of paper, a legal formality whereas the marriage is more about the emotions and relationship.

As per my timeline below, I only just filed mine but honestly, 2 weeks to enter it on a spreadsheet and throw the copy they don't even need to make into an envelope with a response form shouldn't take 2 weeks. They got the money 6 working days ago, so must have cashed the cheque/ check on the Monday, having delivered the petition to them at 3.30pm on the Friday!

I'd petitioned back in May 2003, but he didn't respond and I didn't have the strength or money to start getting the bailiffs involved. I had to apply to dismiss the pending petition before refiling and they wrote to me recently to say they'd tried to send him a copy of the decision (to his old address) I'd also asked, and the judge agreed, to transfer the marriage cert from the old file to the new one, so I'm betting they've tried to send the new petition to his old address, even though the new address was on the new petition. I'm calling them on Monday to find out where it's at because we really want to crack on with all this now! I'm going to be really miffed if the delay came from moving the certificate from one file to another because I'd have just got a copy and filed it again. Hey ho, going to have to get used to red tape and patience once we get the K1 filed!

What's daft about your case is that he would have had to state that you're using a different name from the one on your marriage certificate, and he obviously knows you took his name. Honestly, they can be pillocks sometimes!

Fingers crossed you're not overly delayed. Thinking about it with hindsight, I wish I'd found out if HIS court was working through a backlog (as mine is) so we could have filed there. Ne'er mind... deed's done now.

[Cally & Blue 0]

What's daft about your case is that he would have had to state that you're using a different name from the one on your marriage certificate, and he obviously knows you took his name. Honestly, they can be pillocks sometimes!

Fingers crossed you're not overly delayed. Thinking about it with hindsight, I wish I'd found out if HIS court was working through a backlog (as mine is) so we could have filed there. Ne'er mind... deed's done now.

For something that took 20 minutes to make legal, it sure takes a lot of trouble to undo. Everything in the past 7 years has been in his name, and he knows I intend to remarry. The mind boggles why I'd want to change back to my maiden name for a matter of weeks/months before changing everything - again - to my SO's name. If I've not heard by the end of November, I'm going to chase it...

You're right about red tape - I can only imagine the legal hoopla about to come!

[JimVaPhuong 4,863]

Not filing for a visa via London, no. Some beneficiary countries frown on there ever having been a previous marriage, but it's usually a cultural thing and not one that London frowns upon (thank goodness!) I'm in a similar situation myself, having just filed our divorce petition after 7 years of separation. You could file the I129F on the day your degree absolute is issued.

In the countries where a recent divorce can be a problem for the beneficiary (like my fiancee's) it's not so much a cultural thing, as a consular thing. The consulate often suspects fraudulent intent on the part of the beneficiary. A typical scenario in a case like this is the foreign beneficiary (usually a girl) divorces her foreign husband, get's engaged to a US citizen, arrives in the US on a K1 visa, and marries him. Fast forward three years - she's just gotten her US citizenship, and divorced her US citizen husband. In the coming months she either files for her foreign ex-husband as a K1, or remarries him and files for a CR1. A variation of this is she files for the divorce or VAWA, whichever is the most expedient, early in the marriage to the US citizen petitioner. Once the I-751 is approved, she remarries the foreign ex-husband and files for an F2A visa for him.

I don't know how common this scenario is, but in some countries it's apparently common enough that a recent divorce will cause the consulate to demand a lot of information about the beneficiary's ex-husband.

[SunDrop 59]

Not filing for a visa via London, no. Some beneficiary countries frown on there ever having been a previous marriage, but it's usually a cultural thing and not one that London frowns upon (thank goodness!) I'm in a similar situation myself, having just filed our divorce petition after 7 years of separation. You could file the I129F on the day your degree absolute is issued.

In the countries where a recent divorce can be a problem for the beneficiary (like my fiancee's) it's not so much a cultural thing, as a consular thing. The consulate often suspects fraudulent intent on the part of the beneficiary. A typical scenario in a case like this is the foreign beneficiary (usually a girl) divorces her foreign husband, get's engaged to a US citizen, arrives in the US on a K1 visa, and marries him. Fast forward three years - she's just gotten her US citizenship, and divorced her US citizen husband. In the coming months she either files for her foreign ex-husband as a K1, or remarries him and files for a CR1. A variation of this is she files for the divorce or VAWA, whichever is the most expedient, early in the marriage to the US citizen petitioner. Once the I-751 is approved, she remarries the foreign ex-husband and files for an F2A visa for him.

I don't know how common this scenario is, but in some countries it's apparently common enough that a recent divorce will cause the consulate to demand a lot of information about the beneficiary's ex-husband.

I can believe it but really, if they were going to be fair about it, they would not take issue with the divorce/ remarriage to a USC but would flat out refuse the K1/ CR1 for the ex-hubby's visa. You've got to file all divorce papers for previous marriages, so they could see it was her ex. Strikes me as logical but heck, I know the USCIS isn't always that!

[JimVaPhuong 4,863]

Not filing for a visa via London, no. Some beneficiary countries frown on there ever having been a previous marriage, but it's usually a cultural thing and not one that London frowns upon (thank goodness!) I'm in a similar situation myself, having just filed our divorce petition after 7 years of separation. You could file the I129F on the day your degree absolute is issued.

In the countries where a recent divorce can be a problem for the beneficiary (like my fiancee's) it's not so much a cultural thing, as a consular thing. The consulate often suspects fraudulent intent on the part of the beneficiary. A typical scenario in a case like this is the foreign beneficiary (usually a girl) divorces her foreign husband, get's engaged to a US citizen, arrives in the US on a K1 visa, and marries him. Fast forward three years - she's just gotten her US citizenship, and divorced her US citizen husband. In the coming months she either files for her foreign ex-husband as a K1, or remarries him and files for a CR1. A variation of this is she files for the divorce or VAWA, whichever is the most expedient, early in the marriage to the US citizen petitioner. Once the I-751 is approved, she remarries the foreign ex-husband and files for an F2A visa for him.

I don't know how common this scenario is, but in some countries it's apparently common enough that a recent divorce will cause the consulate to demand a lot of information about the beneficiary's ex-husband.

I can believe it but really, if they were going to be fair about it, they would not take issue with the divorce/ remarriage to a USC but would flat out refuse the K1/ CR1 for the ex-hubby's visa. You've got to file all divorce papers for previous marriages, so they could see it was her ex. Strikes me as logical but heck, I know the USCIS isn't always that!

Yeah, in a perfect world...

The problem is that there's no basis in US immigration law to deny a visa because the petitioner is on their second marriage to the beneficiary. By the time the second visa application arrives at the consulate they will probably suspect that they were duped the first time, but they can't deny the second visa based on that. The second visa application is, in fact, legitimate. It was the first application that was fraudulent, and that's the one they want to catch.