I129F: Divorced. Could that be a problem?

[JVF 0]

Hello Everyone. First I would like to say, I loooove this forum. So many nice people and so much useful information.

I have a question. I am divorced, twice. I sent Petition for Fiancee 3 weeks after my 2nd divorce. Could that be a problem? Should I have waited longer before sending petition to USCIS?

Thank you,

Jeff

[Darnell 8,478]

IMO, if you were 'legally free to marry', then yer golden.

[cranehand 0]

there was a 6 month clause in my divorce. you should check your divorce decree maybe. K1 requires you both to be free to marry.

[shikarnov 7]

I'd be surprised if it comes up. The USCIS is mainly interested in determining the legitimacy of your current relationship, not the circumstances surrounding the termination of your prior relationship. If it comes up at all, just explain your situation honestly.

If it makes you feel better, when I met my current wife, I was still married (in the process of divorce). I had concerns that the USCIS would compare dates and note that fact and that it'd be an issue -- but nothing came of it.

You should be fine.

Good luck.

[William33 110]

there was a 6 month clause in my divorce. you should check your divorce decree maybe. K1 requires you both to be free to marry.

If I may indulge, you had a six month clause for what exactly?

[Brad and Vika 129]

Probably no biggie to get a visa. As stated earlier, USCIS isn't tasked with evaluating the facts and circumstances of your prior relationships. Might be a question at your AOS, but nothing you can't explain. Good Luck!

[JVF 0]

there was a 6 month clause in my divorce. you should check your divorce decree maybe. K1 requires you both to be free to marry.

Hi cranehand, Not sure I understand why would I have 6 month clause in my divorce. My divorce decree has the date of my official divorce (same as the court date), then after about 3 weeks I sent the petition.

[JVF 0]

I'd be surprised if it comes up. The USCIS is mainly interested in determining the legitimacy of your current relationship, not the circumstances surrounding the termination of your prior relationship. If it comes up at all, just explain your situation honestly.

If it makes you feel better, when I met my current wife, I was still married (in the process of divorce). I had concerns that the USCIS would compare dates and note that fact and that it'd be an issue -- but nothing came of it.

You should be fine.

Good luck.

Thank you my friend. Your response made me feel better

[tom&tanya 48]

Thank you my friend. Your response made me feel better

I filed my petition 3 days after my divorce was final, just got my NOA2 yesterday (91 days). You won't have a problem with that particular issue.

[JVF 0]

I filed my petition 3 days after my divorce was final, just got my NOA2 yesterday (91 days). You won't have a problem with that particular issue.

Good luck. I hope everything works out for you.

What does "Touch" mean in your timeline? I am new here.

03/26/2010 - Touch

03/27/2010 - Touch

03/29/2010 - Touch

[William33 110]

Good luck. I hope everything works out for you.

What does "Touch" mean in your timeline? I am new here.

03/26/2010 - Touch

03/27/2010 - Touch

03/29/2010 - Touch

Historically, not much, other than a USCIS person handled your file. I personally believe that any touches mean something positive, but most VJ'ers would disagree. It really depends on how long your case has been pending.

[Brad and Vika 129]

Good luck. I hope everything works out for you.

What does "Touch" mean in your timeline? I am new here.

03/26/2010 - Touch

03/27/2010 - Touch

03/29/2010 - Touch

According to USCIS, a touch just means that some one handled your file. There are bar codes on the files, and each file gets scanned when it is moved or worked with, so they can supposedly keep track of where it is. So some files are touched many times (receipt, placed in file room, moved to different service center, placed in new file room, taken by adjudicator, sent to NVC, etc.). I always believed that a touch is a good thing, because it demonstrates that USCIS has the file, and it is in the process somewhere.

[JVF 0]

Historically, not much, other than a USCIS person handled your file. I personally believe that any touches mean something positive, but most VJ'ers would disagree. It really depends on how long your case has been pending.

Thanks William. This is very informative. How will I know someone handled my file? Will it show on USCIS status page? Right now it just says "Initial Review"

[VanessaTony 3,567]

If I may indulge, you had a six month clause for what exactly?

I know that Alabama for example has a "you may not marry for X months" clause in their divorce proceedings (I think it's 90 days). The only reason I know that is cause another member married his spouse (USC from Alabama) after entering on a visitors visa but it was getting close to his I-94 expiry date so they went to another state to "ignore" the 90 day rule (she had recently divorced so they could marry). The immigrants AOS was rejected because she wasn't "free to marry" in the state they were living in.

Edited May 8, 2010 by Vanessa&Tony

[JVF 0]

I know that Alabama for example has a "you may not marry for X months" clause in their divorce proceedings (I think it's 90 days). The only reason I know that is cause another member married his spouse (USC from Alabama) after entering on a visitors visa but it was getting close to his I-94 expiry date so they went to another state to "ignore" the 90 day rule (she had recently divorced so they could marry). The immigrants AOS was rejected because she wasn't "free to marry" in the state they were living in.

That should still be fine, since it takes about 4-6 months before the interview actually scheduled.