KI and Divorce

[RASTABABY 0]

You posed the same question on Sunday and got answers - But it was you, now it's your friend?

http://www.visajourney.com/forums/index.php?showtopic=237463

I posted on Sunday for my friend because I did not want to go into the whole my friend wants to know such an such thing. What difference does it make the question is legit? Anyway my friend was not satisfied with the answers she received which is why she wanted me to repost in K1 forum unlike some people I don't have time to play the FBI of VJ. It astounds me how some decide to waste their time on VJ! This forum is to provide help for those trying to naviage the immigration waters but I see some have turned it into a past time and a way of life! How pathetic! Thanks to all who provided "helpful" comments.

[RASTABABY 0]

I wondered if anyone else noticed this.........

She is going to be in a pickle, becuase he has not yet obtained his divorce. If she/he is waiting for the courts in Jamaica, he/SO could be waiting as long as 2 years to get his divorce decree.

You moved just a little to fast with this one. You should stop the process and wait until your SO has his DD in hand.

Thanks for your concern but both posts were concerning my FRIEND who has not applied for anything YET! I have applied and I do not have any divorce issues.

[sus 70]

I posted on Sunday for my friend because I did not want to go into the whole my friend wants to know such an such thing. What difference does it make the question is legit? Anyway my friend was not satisfied with the answers she received which is why she wanted me to repost in K1 forum unlike some people I don't have time to play the FBI of VJ. It astounds me how some decide to waste their time on VJ! This forum is to provide help for those trying to naviage the immigration waters but I see some have turned it into a past time and a way of life! How pathetic! Thanks to all who provided "helpful" comments.

The difference that it makes is whether or not it is legit - when you post the exact same question with two different scenarios - people begin to wonder.

This forum is to provide help - which is why each country has a portal page and new topics appear on them - So members from that country tend to scan the portal page, cause it is always good to find / help others who are dealing with the same embassy -

The answers that you got are the truth - if she's not satisfied with them, then hire a lawyer -

Good luck in your process - seems like you will need it.

[Bobby+Umit 161]

As we now know this is YOU, YOU should not have filed your K1. It will be DENIED because at the time of filing your fiance was not "free to marry". You must wait until AFTER the divorce to apply. When you sent the petition you agreed that you were "free to marry" so this is a type of fraud. I would look at cancelling the petition. I don't know how that will affect you, but a simple "we didn't know the divorce had to be final" when you next apply would be okay I would think.

This is good advice, but wrong in this situation.

The OP hasn't applied for a K-1 yet. There is no petition to cancel.

OP wanted to know how long they should wait after the divorce is final to apply for the K-1, and if that would affect the K-1...

I know some high fraud countries look down on being married again so soon after divorce so to be safe I would obtain documents stating how long they've been separated for. It's likely a lot of this information will be used for the divorce. Documents to show this would be items such as tax returns filed separately going back that far. This will most likely needed for the interview stage. He will also most likely be asked why he waited so long to file for divorce as well.

Good luck. You might be in for a long wait.

This is probably true.

[LIFE'SJOURNEY 970]

Thanks for your concern but both posts were concerning my FRIEND who has not applied for anything YET! I have applied and I do not have any divorce issues.

RastaBaby, if you don't have any Div issues then there is nothing for you to be alarm about or agitated about. My concern was that if you had done so, and was now trying to find a way to make it work, it was going to be an uphill battle. As everyone has said the DIV Deed needs to be in hand before they can file, please don't do any thing that will get a ban or denial, because this can/will happen.

Also, I posted the process for a DIV in Jamaica and it can take as much as 2 years, so your friend needs to read the information and decide how this will effect her next step.

Thanks for your concern but both posts were concerning my FRIEND who has not applied for anything YET! I have applied and I do not have any divorce issues.

RastaBaby, if you don't have any Div issues then there is nothing for you to be alarm about or agitated about. My concern was that if you had done so, and was now trying to find a way to make it work, it was going to be an uphill battle. As everyone has said the DIV Deed needs to be in hand before they can file, please don't do any thing that will get a ban or denial, because this can/will happen.

Also, I posted the process for a DIV in Jamaica and it can take as much as 2 years, so your friend needs to read the information and decide how this will effect her next step.

[SunDrop 59]

What difference does it make the question is legit?

Because people invest time and energy in their replies, why bother if the question isn't genuine.

Anyway my friend was not satisfied with the answers she received which is why she wanted me to repost in K1 forum unlike some people I don't have time to play the FBI of VJ.

The poster who challenged you had answered the previous thread when it was posted as your fiance, not your friends. This isn't about 'investigating' it's about wondering what the heck is going on. Same poster, same situation, different people. I'm someone who remembers names and subjects, so it would have made me curious too.

If she was not satisfied with the question, why not ask to expand or change your phrasing. Or even if reposting, why not say "I've asked before but am still confused." Changing the people in the situation isn't going to solicit different answers...

It astounds me how some decide to waste their time on VJ! This forum is to provide help for those trying to naviage the immigration waters but I see some have turned it into a past time and a way of life! How pathetic! Thanks to all who provided "helpful" comments.

You're biting the hand that's feeding you. The past time and way of life is also perceivable as a distraction and interest/ hobby. People feel their are wasting their time when they answer a question only to see it reposted.

======================================

From what I can make out, she's looking for reassurance that filing very close to the date on the decree absolute is not going to affect their petition. Because this kind of decision lies with the CO at the embassy, you were right to post it in the regional forum the first time. Maybe rephrasing the question will get her more guidance. I'd go with "Divorced Jamaican Beneficiaries: Did you wait before filing your K1?" Then elaborate in the message body.

I've been separated from my soon to be ex (roll on Jan 28th!) for nearly 8 years. We are filing our K1 the day after my decree absolute becomes available, because I am confident that the London embassy doesn't give a hoot about it. It's simply not a high risk embassy for visa fraud and they focus their energy on making sure you are not going to become a burden to the state.

I want to be able to date my letter of intent the day after, so there is no question of when precisely my decree absolute came into force. For example, if I signed the letter at 9am and was granted the decree absolute at 10am, I was not free to marry at the time of signing. Just not worth them being able to question it at all.

Only people with specific experience of the issuing embassy can reliably comment on whether a waiting period between finalising the divorce and petitioning is advisable.

Good luck!

[sus 70]

Nice post, Sun Drop - 100% accurate - and I am in the same situation as you - which is why I answered in the first place - But, lesson learned, sometimes it's just not worth the effort.....................

[Kathryn41 3,205]

post providing solicitation for a lawyer's services has been removed. The relevant part of the post is returned below:

RoxcieJoe:

RastsBaby, this is what the party in question will have to abid by for a divorce in Jamaica....

GETTING DIVORCED can be relatively simple. The entire process (from the date on which the petition is filed to the date on which the decree absolute is granted) may take between six to nine months, if no issues arise regarding custody of children, maintenance or division of property.

To petition for dissolution of marriage, one must have been married for at least two years and separated for a continuous period of no less than 12 months and either party may commence the proceedings on the ground that the marriage has broken down irretrievably. There is no need to show that the action or conduct of one party caused the marriage to deteriorate. However, the court is obliged to enquire whether the parties have attempted counselling and whether there is any possibility of reconciliation.

The court will be satisfied that the parties have separated for a continuous period of 12 months even if they resumed cohabitation for an insubstantial time or for up to three months in an attempt to reconcile during that 12-month period. The 12-month period would not have been interrupted.

To qualify to make an application for divorce in Jamaica, the petitioner must be either:

* A Jamaican national

* Domiciled in Jamaica at the commencement of the proceedings

* Resides in Jamaica and had done so for at least 12 months immediately preceding the commencement of the proceedings.

Subject to certain conditions set out in the Matrimonial Causes Act, a decree of dissolution of marriage granted in accordance with the laws of a foreign country may be recognised as being valid in Jamaica.

After a decree nisi is granted, a six-week period must pass before that decree can be made absolute, unless the court fixes some shorter time. Before the decree absolute is granted, either party may apply to the court for the decree nisi to be rescinded on the ground that they have become reconciled. So, all may not be lost until the decree absolute is granted.

Of course, the path to the decree absolute may not be easy, and it may take a long time. This may be caused by applications for custody, maintenance or division of property. However, other applications may complicate the issues, such as applications for protection orders or injunctions to restrain one party from entering the matrimonial home, the other's place of work or from coming within close proximity of the other.

In some cases, one party to the divorce may not be ready to 'throw in the towel'. In such cases, the divorce may be contested. It is then likely to take longer for a date to be fixed for the hearing and the petitioner may have to prove all the facts set out in the petition, including the fact of separation and that there is no possibility of resuming cohabitation. These situations do not occur frequently.

[Filipina Lover 1]

I applied less than 1 month after the divorce was final and they approved me.

[elmcitymaven 9,712]

I've been separated from my soon to be ex (roll on Jan 28th!) for nearly 8 years. We are filing our K1 the day after my decree absolute becomes available, because I am confident that the London embassy doesn't give a hoot about it. It's simply not a high risk embassy for visa fraud and they focus their energy on making sure you are not going to become a burden to the state.

I want to be able to date my letter of intent the day after, so there is no question of when precisely my decree absolute came into force. For example, if I signed the letter at 9am and was granted the decree absolute at 10am, I was not free to marry at the time of signing. Just not worth them being able to question it at all.

Only people with specific experience of the issuing embassy can reliably comment on whether a waiting period between finalising the divorce and petitioning is advisable.

Good luck!

Don't assume that just because it is not a high fraud country that a question may not still be asked, either in the form of an RFE or at the interview. I married my husband 12 days after I got my decree absolute because my divorce proceedings suffered from serious delay and we had had to postpone the ceremony twice. I had been separated from my ex for a long time at that point and had been living with my husband for a while when we got married. I was still asked in the form of an RFE to explain the timeline of when my former marriage began to break down, when I met my current husband, when I filed for divorce, who initiated the divorce and why there was such a short time in between the absolute and the wedding. Yes, there is a difference between filing for a CR1 via DCF like we did and filing for a K1, but be mindful that this is not necessarily a cakewalk. It won't be an impediment, but be aware there might still be a question asked!

Edited January 20, 2010 by elmcitymaven

[Claire and Troy 2]

Don't assume that just because it is not a high fraud country that a question may not still be asked, either in the form of an RFE or at the interview. I married my husband 12 days after I got my decree absolute because my divorce proceedings suffered from serious delay and we had had to postpone the ceremony twice. I had been separated from my ex for a long time at that point and had been living with my husband for a while when we got married. I was still asked in the form of an RFE to explain the timeline of when my former marriage began to break down, when I met my current husband, when I filed for divorce, who initiated the divorce and why there was such a short time in between the absolute and the wedding. Yes, there is a difference between filing for a CR1 via DCF like we did and filing for a K1, but be mindful that this is not necessarily a cakewalk. It won't be an impediment, but be aware there might still be a question asked!

Just like to add that in my case our petition was dated the day after my 30day post decree wait was up (mandatory in state of Kansas) and it was approved without RFE. At the interview my fiance was asked 4 or 5 questions about my previous marriage and ex wife. She new everything about my previous relationship and was able to answer them all without issue. The CO seemed satisfied and moved on.

[elmcitymaven 9,712]

Just like to add that in my case our petition was dated the day after my 30day post decree wait was up (mandatory in state of Kansas) and it was approved without RFE. At the interview my fiance was asked 4 or 5 questions about my previous marriage and ex wife. She new everything about my previous relationship and was able to answer them all without issue. The CO seemed satisfied and moved on.

Exactly -- it's likely not to be an issue but be prepared to answer questions!

[*JG* 2]

USCIS is only concerned that they are free to marry when they send in the petition and that you met within the previous 2 years of the petition.

(How you get there is of no matter)

Exactly.....it just must be BEFORE you file the K1.

[Darnell 8,478]

Because people invest time and energy in their replies, why bother if the question isn't genuine.

I've walked into a few of those, this year. Chap'd my @ss, afterwards. No No, I couldn't fix it with lip balm, either