Engage before divorce

[KennyJ 10]

Hi,

I am currently in the process of getting divorce. The problem I have is that my ex won't agreed to sign the bifurcation (decree that would declare me single and freely to get marry) so I am fighting in the court for that; however, my court date is in May and we plan to do engagement in March. Would it be a problem for me to file paper (after I have been declared as single) since my engagement date is before the date I would become single?

[Grant PDX 183]

I might misunderstand, but you are talking about filing for a K1 visa, is that correct?

One of the requirements for filing is to show that you are legally able to marry, sending an official divorce decree (or photocopy of that document) for any previous marriages. From what you are saying, it sounds like you wouldn't be able to get the official decree until after your court date in May. So you couldn't file your petition until you had those official documents in hand.

I don't believe that when you get engaged is a crucial point in the process. Just that you have met in the last 2 years, are legally able to marry, and fully intend to marry within 90 days of your US entry. The date of engagement is not meaningful to USCIS. This is just my opinion, based on what I have seen and read.

[ScottThuy 140]

with the VN consulate, you are asking for delays if you get engaged before the divoce is final... You can't file a K1 without a finalized divorce decree and if you get engaged and then get the decree, it will throw up red flags .. been there done that.. it doesnt mean no visa, it means a bumpy road with a slightly higher chance they will deny... take care of business.. get the old one done and behind you.... take your time getting everything prepared for the initial filing.

[KennyJ 10]

with the VN consulate, you are asking for delays if you get engaged before the divoce is final... You can't file a K1 without a finalized divorce decree and if you get engaged and then get the decree, it will throw up red flags .. been there done that.. it doesnt mean no visa, it means a bumpy road with a slightly higher chance they will deny... take care of business.. get the old one done and behind you.... take your time getting everything prepared for the initial filing.

Yes I will file K1 Visa. The problem I have is March is the only month that my family here in America can take days off and go to VN to do our engagement party. Within the year of 2011-2012 I have traveled to VN 5 times. We know each other for more than 1 year. We have plenty of pictures, call logs ..etc..I will file paper once I am cleared as a single it is just that the engagement date is really worrying me. I love my fiancee and really hope to get here with me asap. Do we have to disclose the engagement date with the consulate in vn? And how do they verify the engagement date?

[KennyJ 10]

with the VN consulate, you are asking for delays if you get engaged before the divoce is final... You can't file a K1 without a finalized divorce decree and if you get engaged and then get the decree, it will throw up red flags .. been there done that.. it doesnt mean no visa, it means a bumpy road with a slightly higher chance they will deny... take care of business.. get the old one done and behind you.... take your time getting everything prepared for the initial filing.

Also few more information, I am an IT professional, making over 100,000 a year. My fiancee is also a successful business woman. She is also my childhood friend. We know each other since we were 8. I married my soon to be ex-wife here in America. This is my first time doing the K1 Visa.

[luckytxn 2,264]

Yes I will file K1 Visa. The problem I have is March is the only month that my family here in America can take days off and go to VN to do our engagement party. Within the year of 2011-2012 I have traveled to VN 5 times. We know each other for more than 1 year. We have plenty of pictures, call logs ..etc..I will file paper once I am cleared as a single it is just that the engagement date is really worrying me. I love my fiancee and really hope to get here with me asap. Do we have to disclose the engagement date with the consulate in vn? And how do they verify the engagement date?

You will be looking at a possible denial or hopefully only a hard review. You need to maybe read these forums more to understand why. Even if you do it right and divorce and then get engaged and marry soon afterward is a big red flag. To then be shown that you traveled and courted and then get engaged before a divorce is an even bigger red flag. Scott went through a long process for a similar story to your so he knows well. Over the years I have seen people get a visa denial outright for the scenario you are wanting to do. It smells of possible fraud to the consulate.

Edited February 8, 2012 by luckytxn

[quann 26]

besides all the red flags on your side of courting someone else while still married...what about your fiance? has she been denied a travel visa before? if she's TOO successful and is loaded that can also be a potential red flag because of the fraud factor. if you tell them you've known your fiancee since 8 also be prepared to show both of your family histories and registration booklets and family lineage to show you guys are not related in some way (if they let you get this far in the process)

[ScottThuy 140]

The consulate expects a Dam Hoi... and having the family there is a good thing... when you submit the K1 if you continue on this schedule, you will IMO need to explain why the engagement took place while you were still legally married... the issue will not go away and you can expect to have them do a bunch of looking into your relationship before they issue a visa. Based on the results of members here, recent divorces are a huge hurdle... the longer the duration between the previous and new relationship the better.. I know, you can't change the way things already happened... but you can prepare for a bumpy road ahead knowing how they will percieve your circumstance. I went through a similar situation and make far more than you and high income is not a plus... IMO it can be seen as a flag of sorts depending on the background of the SO. The family tie can be seen as a negative... I'm not trying to seem all doom and gloom, just the facts and what to expect... better to know now what may be ahead of you so you have the right mindset along the way and are able to do what you can to reduce stress as well as the duration of the journey.

[KennyJ 10]

The consulate expects a Dam Hoi... and having the family there is a good thing... when you submit the K1 if you continue on this schedule, you will IMO need to explain why the engagement took place while you were still legally married... the issue will not go away and you can expect to have them do a bunch of looking into your relationship before they issue a visa. Based on the results of members here, recent divorces are a huge hurdle... the longer the duration between the previous and new relationship the better.. I know, you can't change the way things already happened... but you can prepare for a bumpy road ahead knowing how they will percieve your circumstance. I went through a similar situation and make far more than you and high income is not a plus... IMO it can be seen as a flag of sorts depending on the background of the SO. The family tie can be seen as a negative... I'm not trying to seem all doom and gloom, just the facts and what to expect... better to know now what may be ahead of you so you have the right mindset along the way and are able to do what you can to reduce stress as well as the duration of the journey.

Yes I know her since I was 8 but we lost contact when I turned 19. We just reconnected again after 14 years or in 2010. We developed romance relationship while I was in the stranded relationship with my soon to be ex. I filed paper work for divorce in the end of July. We wanted to do the engagement in March because 1) it is the best date for our age (according to the monk) 2) and it is the only month that my family's relatives can take vacation date to go with me to VN. She has traveled before to other asia countries. She has never applied for the U.S Visa. We chose the March date for engagement because I thought I would get the divorce decree in Feb. We already printed all the cards, booked restaurant and sent out invitations..etc... Can you guys help me what kind of information I need to prepare?

[skiptex 225]

Yes I know her since I was 8 but we lost contact when I turned 19. We just reconnected again after 14 years or in 2010. We developed romance relationship while I was in the stranded relationship with my soon to be ex. I filed paper work for divorce in the end of July. We wanted to do the engagement in March because 1) it is the best date for our age (according to the monk) 2) and it is the only month that my family's relatives can take vacation date to go with me to VN. She has traveled before to other asia countries. She has never applied for the U.S Visa. We chose the March date for engagement because I thought I would get the divorce decree in Feb. We already printed all the cards, booked restaurant and sent out invitations..etc... Can you guys help me what kind of information I need to prepare?

well things don't always work out how you would like..

ps.. being US Citizen (to petition for K1) and Free to marry are the requirements for K1..

i don't know what more information you need...

the posters have told plenty of great info..

you probably need to do more research on your own.. so you can ask more specific questions..

here are the different visas and how they compare..

http://www.visajourney.com/content/compare

[ScottThuy 140]

The part that sux is that they dont look at when you filed for divorce, they look at when it was granted. start a timeline explaining every step of the relationship. Including the monk/date thing.. we di the same when it came to dates that things were done... When you submit the initial K1, you can include the timeline. The CO will look at the fact that you started something before ending the previous... they are not suppose to hold anything against you that USCIS has already been notified of.. but it still happens... So many of us like the idea of front loading the initial filing to address any issues that exist...

[KennyJ 10]

The part that sux is that they dont look at when you filed for divorce, they look at when it was granted. start a timeline explaining every step of the relationship. Including the monk/date thing.. we di the same when it came to dates that things were done... When you submit the initial K1, you can include the timeline. The CO will look at the fact that you started something before ending the previous... they are not suppose to hold anything against you that USCIS has already been notified of.. but it still happens... So many of us like the idea of front loading the initial filing to address any issues that exist...

I love her dearly. Even I have all the evidences and wrote up the timeline but I still feel I am missing something. I am very worrying right now. Scott for your situation how long did it take for your wife to get to America from the time you filed the petition? She is also divorced in 2005. She has an 8 years old son but her son will stay with his dad in VN. Is that another red flag?

[ScottThuy 140]

I love her dearly. Even I have all the evidences and wrote up the timeline but I still feel I am missing something. I am very worrying right now. Scott for your situation how long did it take for your wife to get to America from the time you filed the petition? She is also divorced in 2005. She has an 8 years old son but her son will stay with his dad in VN. Is that another red flag?

16 or 17 months... she was in AP a while...__________________03/01/2010 - 9/23/2010 207 days in AP filed K1 in June 2009

7 year old divorce is not as big an issue ... Noneed to worry, just take it slow and document everything...

[KennyJ 10]

16 or 17 months... she was in AP a while...__________________03/01/2010 - 9/23/2010 207 days in AP filed K1 in June 2009

7 year old divorce is not as big an issue ... Noneed to worry, just take it slow and document everything...

Thanks everyone for the info. I think I will do the petitioning as soon as I get my divorce decree. Our relationship is very genuine and we really want to be together. Wish me luck everyone.

[tcTTct 37]

Good luck. Do not get engaged before your divorce is finalized. That is a big deal.