Interview questions - previous marriage

[Ezekiel Chester 3]

I have a quick question. My fiance has previously been married but is currently waiting for her annulment papers to come through, and so we didn't declare it on the I-129F (because legally you don't have to declare an annulment). I've noticed that a lot of people have been asked at the interview stage if they know whether their fiance has been previously married, and if so, why it ended. What should I say at this point? Do I have to tell them she was previously married, but the marriage was annulled? Or do I not mention it because legally it no longer has to be declared because the marriage became null and void? If I do mention it, would it delay the application because it wasn't previously declared on the I-129F?

[canadian_wife 1,822]

Why weren't you simply honest and say that she was previously married?

If asked at the interview you have no choice but to say yes, you cannot answer anything other than 'yes' to the question "was your fiance previously married'

Good luck

[Ezekiel Chester 3]

I haven't had the interview yet, I'm just trying to prepare myself whilst I'm waiting for the NOA2. And I know the annulment doesn't have to be declared on the I-129F (it only asks if single, married, divorced, or widowed anyway), but I wasn't sure if that also meant it didn't need to be declared at the visa interview either.

[canadian_wife 1,822]

Actually, on the I129F it asks for names of prior spouses. What did you put there? You should have listed her prevous marriage there

I hope you didn't open a can of worms here. Also, if you are waiting for annulment papers, is she currently legally free to marry?

Good luck

[Nich-Nick 3,354]

My fiance has previously been married but is currently waiting for her annulment papers to come through,

That's the part I would worry about. One of the requirements is that she is free to marry at the time of filing. If her papers haven't come through, is she free to marry? Did she sign and date a statement saying she was free to marry before she was?

[Rob & Monika 87]

"Both the U.S. citizen and the K-1 visa applicant must have been legally free to marry at the time the petition was filed and must have remained so thereafter."

It's going to come down to whatever effective date is on the annulment papers. If you don't disclose it, it might make your situation worse when they do a background check on her. I would cancel the application, wait for the annulment papers, then either refile the K-1 or IR-1/CR-1

[Lornaevo 48]

Yes. It doesn't sound like your fiancé is legally free to marry you.

[NigeriaorBust 4,087]

You are in a spot where your petition is faulty and will be a cloud over you forever. If they ever find out the annulment wasn't done ( Even when you are a USC ) they can take everything away. I think you should withdrawl the current petition and start again once the annulment is done. RIght now she fails the free to marry test so could not legally submit the petition. Until the annulment is final she is and was married.

[Ezekiel Chester 3]

She didn't know at the time of application that the annulment wasn't finalised yet - she thought her former spouse had sorted it out. It turns out that he hadn't and we didn't know until after the I-129F was submitted, so she was under the impression that she was free and legal to marry. Ahh I guess it's bad news then! Ok I'm gonna have to break the bad news to her then I think but it's better than having to face it further down the line and have it hanging over us! I might just bring her to the UK and then start the process again as a married couple.

[Ezekiel Chester 3]

I made my fiance call USCIS today. They told her to mail in a letter explaining why the previous marriage was not declared on the I-129F, and copies of the paperwork for the current annulment process. They will then call her to verify the information that she mailed is correct, and rectify the application. They said that we called at the right time to make any changes that needed to be made, because if we had waited until receiving the NOA2 and then declared the annulment at the visa interview, then we would have major problems because the annulment wasn't finalised before the I-129F was filed. So they have mailed in the information that USCIS has requested, and it looks like they may just be treating it the same way they would an RFE. I guess we were very lucky with this! I'm not holding my breath until they send the NOA2 though, now the information they requested has been sent! If it doesn't work out, then we have decided that she will move to the UK instead, and then we'll work it out from there once we're married

[Nich-Nick 3,354]

I made my fiance call USCIS today. They told her to mail in a letter explaining why the previous marriage was not declared on the I-129F, and copies of the paperwork for the current annulment process. They will then call her to verify the information that she mailed is correct, and rectify the application. They said that we called at the right time to make any changes that needed to be made, because if we had waited until receiving the NOA2 and then declared the annulment at the visa interview, then we would have major problems because the annulment wasn't finalised before the I-129F was filed. So they have mailed in the information that USCIS has requested, and it looks like they may just be treating it the same way they would an RFE. I guess we were very lucky with this! I'm not holding my breath until they send the NOA2 though, now the information they requested has been sent! If it doesn't work out, then we have decided that she will move to the UK instead, and then we'll work it out from there once we're married

I hope it works out for you. Do you know about the new stricter immigration procedures that went into effect this week for her moving to the UK?

[ClaireGio 35]

I never declared my "married" name on i-129f, though i stated i was divorced, as i never changed my name in my previous marriage. Also i thought an annullment can take place after divorce?

[Ezekiel Chester 3]

I hope it works out for you. Do you know about the new stricter immigration procedures that went into effect this week for her moving to the UK?

No? What's that? I looked last week but it must not have come in to affect at that time

[Nich-Nick 3,354]

No? What's that? I looked last week but it must not have come in to affect at that time

Effective Monday 9-July I believe. Pop over to the UK FORUM and find it...a pinned topic at the top.