Not divorced at time of K1 application

[himher 634]

I wondered how you had gotten an NOA2 without attaching all of the primary evidence. Now its pretty clear.

You would have been caught on this before the package ever left the US but god help you if the DOS (embassy) catches it LOL.

Advice: They re-check the whole package from the beginning every step of the way - at the K1 application, the AOS, the ROC - every time you file for the next step you have to supply the same evidence. This WOULD have been picked up eventually and any benefit you would have received would have been voided retroactively to this error.

When given a clear choice on a form "single" "married" "divorced" "widowed" and you check something that you are not then intentional or not they consider this a cut and dried fraudulent answer. As the purpose of the form is to obtain an immmigration benefit and the answer itself, if answered truthfully, determines disqualification from receiving the benefit then it falls under "material fraud" the worst and hardest to beat classification.

Though sounding a bit preachy I am actually relieved to know that you discovered this early because it is really sad to hear about cases where some little thing is caught later (a good example is at citizenship application, which is where a VJ member a few years ago got deported / separated from her husband and children YEARS after she moved to the US and some error from their early days came to light) and I would not wish that on anyone

Best of luck to both of you!

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.

Edited August 25, 2012 by himher

[pushbrk 12,877]

You were not divorced and free to re marry at the time you sent the k1 application. You should withdraw and refile when you are officially divorced. It will be denied as you were not divorced and it is a requirement you are free to remarry in order to file a k1 petition for your fiance.

Just concurring that the petition should be withdrawn. No "K1 application" has even been submitted. You can submit a new petition with a cover letter withdrawing the current petition.

Please, let's stop referring to petitions as visa applications.

[didopage 337]

Yes, there's a misunderstood here. You first said you got a NOA2, but then said you had not heard back from the USCIS unless that they received your RFE response. So, has your fiancé really received an approval letter for the petition (NOA2)? Did they ask for a date of your divorce in the RFE or do you mean they asked for it in the I-129F form?

I'm just asking because I'm curious, that doesn't change the fact you need to withdraw this petition (unless you receive a denial letter very soon).

[Pitaya 2,577]

Just concurring that the petition should be withdrawn. No "K1 application" has even been submitted. You can submit a new petition with a cover letter withdrawing the current petition.

Please, let's stop referring to petitions as visa applications.

I totally agree with pushbrk's request.

It tends to confuse everyone. Even though the government tends to contribute to the confusion by using the term 'application' at least two times in the Form I-129F petition and associated instructions. We don't need to perpetuate the confusion.

[Gary and Alla 3,694]

My fiance and I are doing everything by the books. We filed for our K1 in March and have been moving thru the process in the right order. My divorce was in the process of being completed when we filed. It was delayed and officially sent to the courts on August 8th. We applied on the understanding that I needed my divorce decree at the time of my interview. We put "2012" as the date of my divorce on our application, and have had no questions about the exact date. We spoke with an immigration attorney today who told us we will not be accepted. He was suprised they had not caught it yet. He suggested we send a letter to withdrawl our application, and re-apply when I receive my divorce decree. I will be divorced and able to marry when I enter the US. I'm looking for advice. Do we continue on the path we are on and hope for the best. Or do we withdraw and start the 8 month process again. This is a very big decision. If we wait, and get turned down at the interview, we push back the process further. If there is a chance it could be accepted it's worth the wait. Does anyone have any expience. Thank you in advance for your help.

Your divorce MUST be final and entered in court records BEFORE you file the petition. You have done nothing "by the book" but have jumped the gun from the start. Your petition will be denied. But before it is denied they will send an RFE for proof that your divorce was final before you filed the petition. You have none. You will not respond, or respond with your unsatisfactory explanation and some months later be denied. You can withdraw the petition and file a new one when your divorce is final. "hoping for the best" in your case actually means "delaying our entire process"

This is not a big decision. This is a "no brainer"

[cdneh 3,112]

Your divorce MUST be final and entered in court records BEFORE you file the petition. You have done nothing "by the book" but have jumped the gun from the start. Your petition will be denied. But before it is denied they will send an RFE for proof that your divorce was final before you filed the petition. You have none. You will not respond, or respond with your unsatisfactory explanation and some months later be denied. You can withdraw the petition and file a new one when your divorce is final. "hoping for the best" in your case actually means "delaying our entire process"

This is not a big decision. This is a "no brainer"

Also redundant. The OP has been given this advice already, many times, in this thread.

[Cathi 5,747]

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.

it doesn't matter if it was unintentional, if you had read the instructions carefully you would have known that you have to be free and clear to marry at the time you applied for the petition, it asks you marital status at the time you send the petition, not at the interview stage. They specifically ask for divorce decrees when you apply. Just make sure this time you read everything very carefully so it doesn;t come back to haunt you later on in the process. Good luck.

[Gary and Alla 3,694]

Also redundant. The OP has been given this advice already, many times, in this thread.

So now she knows the others are correct. Are you giving advice or scolding people?

[cdneh 3,112]

So now she knows the others are correct. Are you giving advice or scolding people?

I think she got that. Are you giving advice, or rubbing people's noses in their errors?

[Kathryn41 3,205]

Stop the bickering and personal comments.They addnothing to the discussion and are of absolutely no use to the OP plus border on violating TOS.

Edited August 26, 2012 by Kathryn41

[Articgirl 3]

Yes... we have taken your advice and the advice of the lawyer. We are sending the letter to withdraw our application on Monday and will re-apply the day my waiting period is over after my divorce is finalized. I don't see much point in responding to posters who accuse me of fraud. We, for whatever reason, read what was needed incorrectly and will fix it. We are both rule followers and had no intentions of misleading the US government... as much as it may appear that way based on our stupidity. Moving forward... we will do it the right way and be together. Thank you again for your advice. It has been helpful.

[pushbrk 12,877]

Yes... we have taken your advice and the advice of the lawyer. We are sending the letter to withdraw our application on Monday and will re-apply the day my waiting period is over after my divorce is finalized. I don't see much point in responding to posters who accuse me of fraud. We, for whatever reason, read what was needed incorrectly and will fix it. We are both rule followers and had no intentions of misleading the US government... as much as it may appear that way based on our stupidity. Moving forward... we will do it the right way and be together. Thank you again for your advice. It has been helpful.

You will be withdrawing a "petition". No application for anything is in process yet. The letter would say "I hereby withdraw my I-129F petition case number ....."

No explanation needs to be given and really nothing more needs to be said. I suggest you get your short letter notarized as well but it 's not absolutely required. Address it to the USCIS Service Center that actually has your petition. The address would be on your receipt notice.