Not divorced at time of K1 application

[Harpa Timsah 13,258]

Very good point Didopage. No time has been wasted.

[djricky4 67]

[Articgirl 3]

We will be very careful this time. Now we're working at figuring out how much time I can spend there. Thank you again for your advice. If you have any more it is all very appreciated.

[Articgirl 3]

And you are right... no time wasted. We could not have applied earlier. So... we move on and do it again, a whole lot smarter this time. All we've really lost is the fee to apply. That is about the most positive way I can look at this right now.

[kennym 275]

And you are right... no time wasted. We could not have applied earlier. So... we move on and do it again, a whole lot smarter this time. All we've really lost is the fee to apply. That is about the most positive way I can look at this right now.

Guys always read the instructions clearly.. There are serious concequences for not being truthful on the forms.. This can impact your immigration in major way.. How did you word your letter of intent? Maybe one of the other more experienced folks can offer some thoughts, but you need to realize you've already submitted a form with Inaccurate information.. it can be considered lying.. Hopefully, none of the adjudicators will be in the middle of a bad day and want to take it on you guys..

You need to withdraw your current application.. quickly, and maybe include a letter saying you misunderstood the requirements and that you had expected your divorce to be final by the time of the interview.. But keep in mind the requirements for the I-129 is that you are both free to marry at the time you submit the petition..

the letter of intent and the petition must be truthful...

[Neonred 3,664]

All the info you have received is correct. Even if it gets by USCIS at this point it will be caught later. At every step, AOS, removing conditions, citizenship, we have had to provide copies of the divorce certificates. Much easier to correct now.

[Julie y Pat 67]

if not being able to leave the US for a time will be difficult, consider marrying first and going the CR1 route

[himher 634]

Probably want to correct this one before the IO sees it.

You were processed with an incomplete package (unless you checked "single") then you're in big trouble LOL. The form instructions actually required that when you check "divorced" for either of you - you also attach the divorce decree. As you did not have it you could not attach it. You will have to have it for the interview and when the interviewing officer sees the date, and sees on the form that you checked "divorced" or "single" as your status when you were actually married, he/she will probably hit you with a rejection based on fraud.

You do not want this. Withdraw your petition ASAP before it gets to the embassy and re-file

By the way - not putting the correct status on a form is not an "error". It's a concious decision. Just sayin'

That box was for my finaces info. He is looking for the form right now but can't find it on his computer. I suspect we said divorced with the date 2012 on the knowledge I would be divorced by the time of the the interview. Our huge error.

Edited August 25, 2012 by himher

[melcom1122 4]

please follow the attorneys advice, i think the last thing you want is to go through what i and several other members are going through. my case was denied for fraud and misrepresentation and my interview was in January and im still waiting back with a response on what is going to happen. so please avoid the headache and do it the smart way. itll be quicker and less stressful. the last thing you want is to be denied for fraud and have you case sent back after you spent all your money on medical fees, and interview fees, and stuff.

[Articgirl 3]

Nope... no intentional fraud here. We somehow convinced ourselves that as long as I had my divorce decree by the time of the interview we'd meet requirements. Looking at this now it looks really pathetic... we have several degrees between us and I'm a bit lost as to how we did this. We got the Request for Evidence, and again, they only asked for proof of his divorce. They asked for a date for my divorce and I put the date it was filed with the court. We had not heard back from them yet except that they have received our RFE package. We will send the withdrawl letter and start over. We don't want trouble at all. We just want to get married and be together as do all of you.

[Harpa Timsah 13,258]

Nope... no intentional fraud here. We somehow convinced ourselves that as long as I had my divorce decree by the time of the interview we'd meet requirements. Looking at this now it looks really pathetic... we have several degrees between us and I'm a bit lost as to how we did this. We got the Request for Evidence, and again, they only asked for proof of his divorce. They asked for a date for my divorce and I put the date it was filed with the court. We had not heard back from them yet except that they have received our RFE package. We will send the withdrawl letter and start over. We don't want trouble at all. We just want to get married and be together as do all of you.

Okay, so originally you said that you have gotten a NOA2. Now you say you are only at RFE response? NOA2 is an approved petition.

I am just trying to figure out the working of USCIS. This is a fairly common mistake and you shouldn't beat yourself up over it.

Edited August 25, 2012 by Harpa Timsah

[del-2-5-2014 1,339]

My fiance can't find the form on his computer. I am pretty sure we said divorced and the date was 2012. Seems really stupid right now. At the time, all we read said my divorce decree needed to be presented at the interview. We "read" that to mean that's when I would need it by. Thank you for the advice on the waiting period. I would really hate to have that impact another application. We don't have a complicated case. We have everything we need to prove we are real... which of course, we are. I looked at reasons to hire an immigration lawyer, and none of them applied to us. We are cut and dry... apart from my divorce. The thing that makes this so hard is that when we applied in March, I felt I was a few days from my divorce papers being filed. My ex husbands lawyer delayed again and again. If that hadn't happened, we could have at least re-applied now. With the waiting period we don't be able to reapply until mid October best case scenario. That means mid June to approval by the estimates. July and August are terrible times for me to not be able to leave the US, which means I won't be able to activate until September which is over a year away. What a mess we've created. We are building a house in the US. It will be done in November. He will be in it alone for a long time. I wish so badly there was something we could do, but it sounds like there is nothing.

These are some of the reasons why one should not make firm plans until visa is in hand. It's Attorneys call of duty is to ensure satisfaction for their clients. It's unfortunate that it impacted your planning.

Also I don't get the planning for marriage when you haven't even divorced yet and I suspect this is why the question is on the form.

Good luck on the rest of the journey.

[D N Medellin COL 75]

... we have several degrees between us and I'm a bit lost as to how we did this. We just want to get married and be together as do all of you.

Articgirl, I get it, been there and done that, you got the "love bug" in your being, both of you, which clouds your thinking and reasoning abilities.......... please withdraw the petition without delay and settle your old business of divorce first then re-apply. The best of luck to you two love birds!

[beejay 125]

Nope... no intentional fraud here. We somehow convinced ourselves that as long as I had my divorce decree by the time of the interview we'd meet requirements. Looking at this now it looks really pathetic... we have several degrees between us and I'm a bit lost as to how we did this. We got the Request for Evidence, and again, they only asked for proof of his divorce. They asked for a date for my divorce and I put the date it was filed with the court. We had not heard back from them yet except that they have received our RFE package. We will send the withdrawl letter and start over. We don't want trouble at all. We just want to get married and be together as do all of you.

Everything seems perfectly logical and obvious until it specifically pertains to you then all sense of reason goes out the window. Good you caught the mistake when you did.

Good luck on the start of your new journey.

[NigeriaorBust 4,087]

These are some of the reasons why one should not make firm plans until visa is in hand. It's Attorneys call of duty is to ensure satisfaction for their clients. It's unfortunate that it impacted your planning.

Also I don't get the planning for marriage when you haven't even divorced yet and I suspect this is why the question is on the form.

Good luck on the rest of the journey.

You assume that the end of a relationship is tied to an immedate divorce. When the ex and I parted I filed then let it sit over 15 years before finishing it. So had I started a K1 right after the date of the judgement it wasn't an indication of relationship hopping. The old one was more than dead.