I-129F Question 18 - What to do?

[TwoCats 55]

Hey everyone.

I feel a bit as if I'm in a strange situation, although I know I've heard of others who have gone through this twice so I know I'm not alone. This is my second account and my second time going through the K-1 process. My ex-husband and I only got divorced recently, but we've been separated long before that. We tried to reconcile a time or two, and finally decided it wasn't working around February. The official divorce got pushed off due to financial and family hardships on my side until recently, although we'd both moved on to other relationships. Due to this time-scale, most of my meetings with my current fiance' fall in the time where I was still married, but separated from my husband.

Should I mention about my separation from my husband during that timeframe when explaining these meetings or no?

I would assume that it would be better for me to simply focus on establishing that we have met and not really worry over the circumstances. From my understanding of the process from the last time through it, they tend to be more focused on the facts - like that you have met within the past two years. The rest will get covered by the proof of relationship part of the application.

Mostly, I'm just trying to see if this is the right way to go about answering this question.

Just the facts, not the circumstances.

Thanks.

[thelastpetitioner 218]

i dont think so,you need to explain your relationship with the current beneficiary.your divorce and complicated time frame of the relationship will be brought up in the interview as you have to submit proof of the divorce.

[Penny Lane 8,159]

You're absolutely right. I'd just discuss your current relationship and the details of when/where you met. That's all they care about at this point.

[Nik+Heather 121]

As far as the petition and question 18 go, yes, they are interested in if you meet the requirements to file. The two important ones for you are if you have physically seen each other in the past 2 years (So in Q 18 you say "Met in London, April 2010" or something - and then attach a copy of your passport stamp or boarding pass and maybe a photo or two. Then you're done with that one.

The other thing is that you need to be eligible to marry when you file the petition, so if there's any waiting period after your divorce etc, that needs to be waited out before filing.

Generally, no, London doesn't care much about relationship evidence, but I can't really say how they would treat a repeat petitioner. It WILL come up when you have to answer if you've ever petitioned someone before, so the way I would attack it is by making a relationship timeline which would show when your previous marriage was emotionally over even if it wasn't legally over yet, and how that fits in with your new relationship.

[dluke77 9]

Honesty is always the best policy. People meet others while separated and if there is concern or question about the facts then as in my fiance's interview they will ask for more info where you can explain the circumstances.

It is always easier to remember the truth then it is a string of even little white lies. Not even sure what the 'white' in little white lies means but something mom always said. Think it was her way of getting me to tell on myself

[Aztec&Taino 144]

Hey everyone.

I feel a bit as if I'm in a strange situation, although I know I've heard of others who have gone through this twice so I know I'm not alone. This is my second account and my second time going through the K-1 process. My ex-husband and I only got divorced recently, but we've been separated long before that. We tried to reconcile a time or two, and finally decided it wasn't working around February. The official divorce got pushed off due to financial and family hardships on my side until recently, although we'd both moved on to other relationships. Due to this time-scale, most of my meetings with my current fiance' fall in the time where I was still married, but separated from my husband.

Should I mention about my separation from my husband during that timeframe when explaining these meetings or no?

I would assume that it would be better for me to simply focus on establishing that we have met and not really worry over the circumstances. From my understanding of the process from the last time through it, they tend to be more focused on the facts - like that you have met within the past two years. The rest will get covered by the proof of relationship part of the application.

Mostly, I'm just trying to see if this is the right way to go about answering this question.

Just the facts, not the circumstances.

Thanks.

Congratulations on finding love once again! Is your ex-husband also from the UK?

I think you will need to file for a waiver since this would be your second petition. As far as question 18, I think I would briefly mention it in the letter as such: "I separated from my husband on xx/xx/xxxx and on the month of xx/xxxx I met my fiance online. On xx/xx/xxxx I met him in person and my divorce was finalized on xx/xx/xxxx."

I think it will be better for you to give the dates in the explanation letter and for you to have them clear in your head because it is the kind of timeframe that I would think it would matter to them and would investigate. I mean, they need to know for sure that you are able to marry as you file the petition and it is important for them to know when you met and you established a relationship. I have read many members' interview reviews and that question: "How and when did you meet?" Seems to be a very common one. Honesty is the best policy. Always.

Best wishes!

P.S. How long did the process take for your first K1, from sending the petition to interview?

Edited November 5, 2010 by Aztec&Taino

[TwoCats 55]

Congratulations on finding love once again! Is your ex-husband also from the UK?

I think you will need to file for a waiver since this would be your second petition.

My ex-husband was from the Netherlands.

I don't think that I need to have a waver. The instructions say: "If you have filed two or more K-1 visa petitions at any time in the past or previously had a K-1 visa petition approved within two years prior to filing this petition." This is my second application, so I have only filed one in the past. The previous petition was approved more than two years ago.

P.S. How long did the process take for your first K1, from sending the petition to interview?

It was 158 days from NOA1 to Interview.

I want to thank everyone for your kind responses.

I think I will briefly point out where the separation was just so that it is established in the paperwork and focus the rest on the meetings, dates, and events.

I appreciate the help!

[CoffeeMuse 5]

I don't recall what question 18 was but of course the best policy is to be honest. It is also generally good policy to tell only what you need to tell. I don't see anything in your situation that is of concern. It is quite common for people to be separated and begin a new relationship; even dating websites privide a status field that includes "single, divorced or separated".

As it happens with me, I was divorced before I became involved with my fiancee so there was no possibility for a "gray area" there or to wonder. But the K1 process is most concerned in the couple having met in person, as we all know, and that you are legally able to get married - and prove it with proper documentation such as legal divorce papers/decree. I don't see the fact that you met your fiancee while you were still separated holdling you back. It is very common these days.

[Robert de Bonda 3]

I agree with CoffeeMuse. I was still married and going through a divorce when I met my now fiancee. All I did was prove the meeting requirement and the fact that I was free to marry. My petition was approved a couple of weeks ago.

[FawkThisSite 13]

Did you meet this guy from the UK in person yet? I know you are aware of the 2 year rule... but in your signature it says that you met online... not in person?

[Aztec&Taino 144]

My ex-husband was from the Netherlands.

I don't think that I need to have a waver. The instructions say: "If you have filed two or more K-1 visa petitions at any time in the past or previously had a K-1 visa petition approved within two years prior to filing this petition." This is my second application, so I have only filed one in the past. The previous petition was approved more than two years ago.

It was 158 days from NOA1 to Interview.

I want to thank everyone for your kind responses.

I think I will briefly point out where the separation was just so that it is established in the paperwork and focus the rest on the meetings, dates, and events.

I appreciate the help!

Thank you for your response. I did not clearly remember if a petitioner needed a waiver after the first petition or after the second. I guess you are set to go! Hopefully, this petition will also take less than 6 months time.

Best wishes!