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Filed: K-1 Visa Country: United Kingdom
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Hello! I've been reading these forums for the longest time and am so grateful to all those who have contributed their own experiences/advice. It's helped both my fiancee and I in our preparation of the initial petition and what I can expect at interview. Our petition has just been approved (yay!) and I am waiting for her to send on all the documents I will need for my interview with the consulate.

We have been together for nearly 3 years now and have a wealth of evidence to prove our relationship (I don't believe this will be a problem). However, one thing I believe a consulate may be curious about is the fact that she was previously married to a K-1 applicant (this was 10 years ago and the marriage only lasted about a year) and also discovered that the divorce she filed in her previous state was faulty (the other party never signed) and so until recently she was technically still married.

Therefore prior to filing the K-1 petition she re-filed for divorce in order to receive her final decree. We made it very clear in our covering letter to USCIS why her final decree was so recent and even included a copy of her original (faulty) divorce in order to show the separation from her ex-husband. Because we have been so open about everything from the outset, and when looking closely at our situation it is all perfectly reasonable I don't see how this should pose a problem, however, I expect a consulate to query it and would like to be prepared.

This brings me onto another question I may be asked: Last year while In the US I applied for an extension of stay on a B-2 visitor visa which was denied due to the lack of supporting evidence I filed with the application. The reason for the extension request was due to my purchasing a property where completion of the transaction required additional time.

I filed my application to extend last May, which reached USCIS by the beginning of June (My I-94 was due to expire at the end of June), however, it was not until the end of July that I received a decision from USCIS (a denial). Having spoken with an immigration attorney, it turns out that my remaining in the US beyond the expiration of my I-94 was completely lawful as I was waiting on a decision on a pending application and immediately departed. Thus am not subject to an automatic 5 year exclusion (phew!). This has also been confirmed by information published by USCIS. I was given 30 days to depart and left well within that time (I sent a notification to them with a copy of the boarding pass I used to depart with by certified mail from here in the UK). However, I am pretty sure that a consulate my discuss this with me and I would like to be prepared.

I have kept copies of all correspondence to bring to my interview just in case.

If anyone can offer any advice it would be greatly appreciated.

 
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