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Filed: K-1 Visa Country: Philippines
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Posted

:thumbs:

i agree with you that it doesn't make sense at all, but i just had to tell you that so you know what crazy things uscis/nvc look at. to be on the safe and sure side, just say you met in june and gather your docs around that time, right? it's not a suspicion of fraud per se but the technicality of still being married and "right away"

just to be on the safe side (although your fiancee is not in a fraud hot country).

anyway, another thing is don't show and mention the pre-nup photos you have because as crazy it may sound COs are sensitive when it comes to phontos that hint of marriage rites and celebrations, trust me on that one. show "neutral" photos instead such as those trips you took and mix it too with photos of you and her family, ffriends, workmates =)

i say better safe than delayed and, worse, sorry =)

:thumbs: :thumbs: :thumbs:

Maybe Zenden can provide specific examples of this being an issue in the Philippines. It wasn't an issue at all for me nor was it ever brought up

by the CO during the interview. This is solely based on my experience.

- i was separated Oct 2009

- decided I would file for divorce Apr 2010 after much soul searching

- met Patty May 23, 2010

- filed for divorce July 2010

- met Patty in person Oct 2010

- divorce became final Mar 23, 2011

- filed for I-129F April 1, 2011

- Patty has now been here in California with me since Sept 2, 2011

You've met one of the primary requirements of the I-12F which is having met in person within the last 2 years. Now, you're both gathering and

saving as much evidence/documents to use as proof of a genuine relationship. It seems you have all this covered including the affidavit of

support (I-134) requirement. so, I don't see any issues with your situation. The worst thing you can do is to change your story and/or tweak

the dates to give it an appearance that you met after finality of your divorce especially since you already divulge this information on the I-129F.

You should be fine and good luck!

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted (edited)

I read the post about the whole being legally married while the couple met. It doesn't make sense to me why that would raise a flag or suspicion of fraud. It happens everyday. I'm not trying to justify, I'm just simply saying...

This is not an opinion but rather an observation from other similar posts. This would be because it raises flags over the relationship being genuine or romantically based. Do married men start to date single women every day? Maybe yes, sometimes, but the relationship is often or occasionally veiwed as having gotten off on the wrong footing in doing so. Also they Might think you met her, struck up an immigration deal and so annulled your current marriage. I guess the chances of falling in genuine and actual love with two K1 Filipina women in such quick succession are slim...obviously in your case this is not the way it is, but USCIS deal with trends and where fraud is performed, this is clearly something practised and they have to look out for it. I can see the source of your annoyance but I think to say 'it doesn't make sense to me why that would raise suspicion of fraud' is short sighted and you will have to be a lot better prepared than that to get successfully through this process. I wish you luck and hope you find the wisdom and strength to wait a while if that is what serves you and your fiancee best.

Edited by qwerty1974
Filed: K-1 Visa Country: Philippines
Timeline
Posted

This is not an opinion but rather an observation from other similar posts. This would be because it raises flags over the relationship being genuine or romantically based. Do married men start to date single women every day? Maybe yes, sometimes, but the relationship is often or occasionally veiwed as having gotten off on the wrong footing in doing so. Also they Might think you met her, struck up an immigration deal and so annulled your current marriage. I guess the chances of falling in genuine and actual love with two K1 Filipina women in such quick succession are slim...obviously in your case this is not the way it is, but USCIS deal with trends and where fraud is performed, this is clearly something practised and they have to look out for it. I can see the source of your annoyance but I think to say 'it doesn't make sense to me why that would raise suspicion of fraud' is short sighted and you will have to be a lot better prepared than that to get successfully through this process. I wish you luck and hope you find the wisdom and strength to wait a while if that is what serves you and your fiancee best.

yes you should always be prepared and these situations can raise suspicion I agree but getting annulled in Phil as part of a fraud will never make sense as it takes up to 5 years for that procees.

Filed: K-1 Visa Country: Philippines
Timeline
Posted

This is not an opinion but rather an observation from other similar posts. This would be because it raises flags over the relationship being genuine or romantically based. Do married men start to date single women every day? Maybe yes, sometimes, but the relationship is often or occasionally veiwed as having gotten off on the wrong footing in doing so. Also they Might think you met her, struck up an immigration deal and so annulled your current marriage. I guess the chances of falling in genuine and actual love with two K1 Filipina women in such quick succession are slim...obviously in your case this is not the way it is, but USCIS deal with trends and where fraud is performed, this is clearly something practised and they have to look out for it. I can see the source of your annoyance but I think to say 'it doesn't make sense to me why that would raise suspicion of fraud' is short sighted and you will have to be a lot better prepared than that to get successfully through this process. I wish you luck and hope you find the wisdom and strength to wait a while if that is what serves you and your fiancee best.

That statement refers to suspicion brought on when currently married people seek divorce and then turn around and file for a K1 Visa. First of, the requirement is you need to be free to marry right? Correct me if I'm wrong but I have never seen any law book that states it's illegal or unrightful to meet someone while your seperated or in the process of a divorce. I understand statistics but what I don't understand is you're required a condition... you meet that condition yet you become a subject of suspicion. They said you need to be free to marry, so you can only divorce or file for invalidity to dissolve current marriages. Now I ask you, what is short-sighted about that? Cuz I have another set of statistics for you. 100% of married people will get denied a K1 Visa. Please don't take that the wrong way. I'm just trying to make a point.

Filed: K-1 Visa Country: Philippines
Timeline
Posted

I spoke to 2 lawyers today. A neighborhood atty who specializes in immigration law that has been known to be a straight shooter told me not to worry for he has handled more complicated issues that didn't even produce an RFE. I also spoke to a big shot immigration attorney, somewhere in the 5K retainer range that told me I'll have an issue with USCIS here and the consular office abroad. Who to believe right? I think I better layoff the boards so I don't read stuff that'll spook me. :)

Filed: K-1 Visa Country: Philippines
Timeline
Posted

For what it's worth I considered using an attorney but after researching it seemed many who did wished they had not. various reasons but some as simple as thinking a fax to manila would get results ( your lucky if they even check the fax machine or answer the phone sometimes) and some real newbie mistakes. I would put more stock in a lawyer based on his success rate and country specific at that. You already have 2 answers from the pros for 1 question. Good luck as you move forward.

Filed: K-1 Visa Country: Philippines
Timeline
Posted

I was one of those who was spooked by that nigerian post.

My fiance and I also had a short courtship and had just been undergoing his divorce for a few months when we met the first time thru facebook. Is time really of the essence or is it the quality of your relationship? And what weight would it have if the reason of the failed marriage was infidelity, as to the case of my fiance. He was deployed in Iraq when his ex-wife cheated. Went a very rough 1 1/2 years for patching things up with het but to no success more lies abd deceit happened. He had his fresh of breath air when his ex finally decided to kove out march of 2009. Then filed the divorce april 2009.

We met june 2009.... Finding comfort in our conversations led us to the development of what we hace right now. My parents didn't agree of our relationship becauase of the 14-year age gap, his divorce status, the long distance relationship, and having 2 kids from the previous marriage. But I fought for him. We still decided to meet on oct 2009.

First time we saw each other, there were no more awkward moments as we have gotten used to seeing each other online. He met my parents and received a neutral and cold treatment. I was condemned and scolded every time I went home from being with him while he was here on hia first visit. But the stronger the objections went, the stronger my love for him grew. This resulted to me being thrown out of our home because I decided to be in the relationship with him. After the apple of my family's eyes, they asked me to leave because I didn't listen to them.

After a week or two on my own, I found out I was pregnant with our daughter. All alone, no comfort and no one to turn to for help when I had my emergency situations during my pregnancy. And my only comfort was my fiance....

To make this story short, we are now waiting for my interview on dec 1. My fiance visited us for the 4th time last July-August for the filing of the CRBA and to celebrate our daughter's 1st bday. My parents gave us the go signal for the wedding.

So who says short time courtship is not enough to have a meaningful relationship. After 2 years of waiting for his divorced to be finalized before the filing of our k1, what I don't need now is discouragement and negativity about short and whirlwind romances being a questionnable case of a legit relationship.

Guys, if in pain and in diversity a soul seeks out for another soul to connect with and when that soul found another one in search, then what's the issue with time? If the feeling is right the first time you connected, then why would an ongoing divorce stop you from being with each other?

--- this post will be my answer to the CO when the legitimation of our relationship will be questionned... Hahaha! What do you think?

Filed: K-1 Visa Country: Philippines
Timeline
Posted

I have known quite a few people who knew each other before a divorce. especially in the Philippines where annulment can take years. Many file k1 within only 2 - 4 weeks of being done with annul. It usually doesnt even come up at interview. They just check the required docs.

 
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