How soon can I file K1 after a divorce and previous viza refusal

[Gary and Alla 3,694]

There is no need to be arrogant. I was physically separated with my ex-wife by the time I started my relationship with my current fiancée. Both my ex-wife and my fiancée knew for each other. I explained everthing to my fiancee - of course she was a litte disturbed but she knows everything.

People, as I said earlier – please, do not judge other people when you do not what the circumstances were.

In a case I know personally the fiancee in Ukraine (an easier consulate than Manilla) was told "your fiance in the US is a drunk, you know" She answered "no he is not, he had a DUI 17 years ago and stopped drinking altogether" The CO nodded and approved her visa. He could have said "did you know your fiance had a DUi 17 years ago?" but he didn't. No one is judging you here, you have some good advice, if you already knew it, then it reinforces what you already. None of US know what she knows or know what you know.

[pereira=delgado 0]

I hope all turns well, sometimes life works in an unexpected way. I know what you are going through. I married back in 2007 to my ex-husband whom is from dominican republic and after 2 yrs of marriage separated. We however didnt divorce right away because of money issues but then I meet my new fiance whom is also from the same place and fell in love I then decided to file for divorce one way or another however it took a few months to finalize and by the time it did I was already flying out to see my fiance and got pregnant during my trip there. I was warned by my attorney that my prior marriage would be a red flag but considering I know whats in my heart and that our relationship is true I decided it was worth the risk especially with the baby and all. My attorney did mention that situations like these have happened in the past and that I should be positive! I wish you and her the best!

[dream85 0]

In a case I know personally the fiancee in Ukraine (an easier consulate than Manilla) was told "your fiance in the US is a drunk, you know" She answered "no he is not, he had a DUI 17 years ago and stopped drinking altogether" The CO nodded and approved her visa. He could have said "did you know your fiance had a DUi 17 years ago?" but he didn't. No one is judging you here, you have some good advice, if you already knew it, then it reinforces what you already. None of US know what she knows or know what you know.

Thank you !!!

[jayne d 12]

You must be free to marry in order to file a I129F. In some states there is a waiting period after the divorce is final before you are free to marry. Make sure you know what the waiting period is in the state the divorce took place. In some states there is a 6 month period. My understanding is, and other VJers please correct me if I am wrong, that you cannot file a I129F until this period has passed.

[dream85 0]

You must be free to marry in order to file a I129F. In some states there is a waiting period after the divorce is final before you are free to marry. Make sure you know what the waiting period is in the state the divorce took place. In some states there is a 6 month period. My understanding is, and other VJers please correct me if I am wrong, that you cannot file a I129F until this period has passed.

Thank you, the state is Florida - there is no waiting period.

[Andrea&Henry 311]

I read a lot of cases of people being denied cause they started the relationship while (one of them) was till marry, wich is your case. You may have the approval from the USCIS but interview it's a little bit different. Hope you have better luck with that.

[awk83 0]

From what I can tell from hearing stories on this site is that if you truly have nothing to hide and everything is out there on the table you should be fine. I wish you both the best of luck.

[bigdog 376]

File be aware of the questions that may be presented during the process, be honest.

[agrabs 241]

There is no need to be arrogant. I was physically separated with my ex-wife by the time I started my relationship with my current fiancée. Both my ex-wife and my fiancée knew for each other. I explained everthing to my fiancee - of course she was a litte disturbed but she knows everything.

People, as I said earlier – please, do not judge other people when you do not what the circumstances were.

so true! People should not judge not knowing the circumstances. I will tell you that you are not the only one who started a relationship with your fiance before your divorce was final. I met my fiancee while i was still married. I was in an abusive relationship that was not so easy to get out of - especially since my ex is an attorney. My fiancee gave me the strength and courage to get out from under the abuse and live a healthier life. You need to be able to prove that your relationship is legitimate and you are free to marry at the time you apply for the petition. If you are then no need to wait! Good luck! I wish you a speedy and smooth visa journey!

[himher 634]

Yeah and uh huh and yeppers, we are all physically separated when we take business trips or trips away from home without our spouses LOL. Physically separated and legally separated are two different things. Separate/file a divorce petition / living apart -you are legally separated/under the law it's all good. Take a business trip/little recreation trip overseas, of course you are physically separated. I venture that outside of some really really rare lifestyles all extramarital relationship building requires that the couple be "physically separated" at the time of the event LOL. That at a minimum and for dam sure tends to keep the noise down.

SO: A timeline that looks like "we met, fell in love, then I went home and filed divorce proceedings" looks different and is viewed differently under the eyes of the law from many of the timelines described here "I was going through divorce and met someone else..."

For instance - if you are married in Florida, not legally separated, and spend some quality time with "the 21 yr old next ex-wife" then get caught doing it, you are technically guilty of a crime under section 798.01-798.03. 2 year jail sentence?? as I recall + your current ex-wife gets all kinds of cool bonus stuff like alimony for life. File for divorce, the new bombshell can move in with you the next day no penalty even though the divorce is pending and you are technically still married but because you are legally separated.

Get the difference sport?

So your "physical" vs "legal" separation story might settle the (OK i will do it - valid and well-earned) concerns of that girl but it won't cut any ice with the IO. I'm otherwise not passing judgement. Didnt pass judgement in the first post. Your own timeline vs. legal definition of what you were eligible to be doing tells the story. Family law is a convoluted stream that has to be navigated carefully and family law/immigration law blur together during this process and I would venture that the IO is probably (1) not going to be an idiot and is probably (2) going to have a lot more fun with this case than the mod's are going to allow on here.

So be prepared. A suggestion: Do not use the "physical separation" story with the IO. You will need another one (laughing that you pulled it off with that girl - respectful nod)

There is no need to be arrogant. I was physically separated with my ex-wife by the time I started my relationship with my current fiancée. Both my ex-wife and my fiancée knew for each other. I explained everthing to my fiancee - of course she was a litte disturbed but she knows everything.

People, as I said earlier – please, do not judge other people when you do not what the circumstances were.

Edited February 17, 2012 by himher

[HotPinay-KoolKano 10]

I started my relationship before the decree was signed too. Be very straightforward during the application process, concisly answer any potential questions ahead of time, if the questions on the forms seem appropriate for you to add addendums, then do so, or answer potential future, "hot topics" softly with your cover letters.

Our eventual interview here in the US went smoothly, I believe due to my transparency ( e.g. I was also once married to an immigrant girl, a long time ago).

Other peoples interviews were hellacious, couples being split up, interrogated separately then jointly, them separately again. Questions about menstrual cycles, sex life, habits, picking apart the past....

Do your best to head off any questions straightforwardly. You 2 will be fine. I believe that if the relationship is genuine, VERY likely, you will succeed.

Good Luck & God Bless

[dream85 0]

So your "physical" vs "legal" separation story might settle the (OK i will do it - valid and well-earned) concerns of that girl but it won't cut any ice with the IO. I'm otherwise not passing judgement. Didnt pass judgement in the first post. Your own timeline vs. legal definition of what you were eligible to be doing tells the story. Family law is a convoluted stream that has to be navigated carefully and family law/immigration law blur together during this process and I would venture that the IO is probably (1) not going to be an idiot and is probably (2) going to have a lot more fun with this case than the mod's are going to allow on here.

So be prepared. A suggestion: Do not use the "physical separation" story with the IO. You will need another one (laughing that you pulled it off with that girl - respectful nod)

Thank you for the post. Maybe there is some misunderstanding. I am already divorced – January 2012, I have filled for divorce in September 2011 (a month after I saw my fiancée in person in her home country) and later we spend Christmas together in UK. After I received my final divorce documents I proposed to her. By physically separated I meant that we were not living together in the past two years but I was so stupid not to file for a divorce then and of course i cannot proced to the CO that we were not togeter at that time, as i was still "married".

Thank you all for the help i appreciate it.