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Filed: K-1 Visa Country: Vietnam
Timeline

I applied and received k1 visa for my than fiance in 2008 in Colombia - he received visa in 2/2009 and did not come to USA until the last day, 8/2009. In the time of my applying for visas for him and his son and his coming to USA I found out he had been living with a woman in Colombia. I did not let this stop me and I married him 9/2009 in NYC :bonk: . I was going to visit my elderly and sick father 10/2009 and he wanted to return to Colombia. I returned with him and his son (who had also gotten a visa) on 10/2009. They remained in Colombia and I returned to USA.

The person who found out he had a partner in Colombia is my cousin, and he is the person I am currently in love with (L) . I divorced this man in March 2011 and applied for k1 visa for my current love in 7/2011. In 12/2011 I received request for evidence and I submitted all information I could find by 1/20/2012. USCIS acknowledged having received my papers and the standard response is to wait for maximum 60 days - this will take my waiting time into March 19 or 20th.

Anyone with previous experience like mine? I am attempting to plan my life. I love this man, he allowed me to believe in love again - he has made my life a paradise full of hope.

Recommendations welcomed and gladly accepted.

Thank you. :help:

Is he your first cousin? One of the requirements of the K1 is that it must be legal for you to marry in the state where the petitioner resides. Half of the states in the US do not allow first cousins to marry. Six of the remaining states only allow first cousin marriage under certain conditions, usually if either or both spouses are too old or incapable of producing children. This all has to do with genetics. The likelihood of first cousins having children with genetic disorders is substantially higher.

Assuming you can clear that hurdle...

A second K1 is always riskier than the first one. The risk increases inversely with the length of time between the two petitions. You only had three years between your two petitions, which is not long at all. On the upside, your first spouse appears to have either not received an immigration benefit through the marriage to you, or has abandoned that benefit by leaving the United States for an extended period of time. This helps because it makes it look a little less like you're serving as a personal immigration portal. If I were you then I would expect to get a little more scrutiny than most other couples get.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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