Jump to content
mrss13

Short time between divorce finalized and re-marriage. Red flag?

 Share

4 posts in this topic

Recommended Posts

Filed: Citizen (pnd) Country: Canada
Timeline

So I'm actually doing DCF, but I thought it might be better to ask this here in a more general forum. I was married to a Canadian and lived in Canada. The laws in Ontario state that there must be a year of separation before a divorce. The separation doesn't have to be legally documented, so since we were poor and did everything without a lawyer, the separation wasn't documented. What also complicates things is the fact that we lived together as roommates during part of the separation. (This is common in that area, and is permitted until the same divorce laws)

We had to file two "rounds" of paperwork. The first, we filed before I left the country. The second had to be filed three months later, with a 500 dollar fee. I left the fee with my ex when I left the country for the second round, but he spent the money on other things, which delayed the paperwork from being processed. Long story short, the divorce wasn't finalized until January of this year. For some reason, the documents I have for the divorce (I had to order them, as my ex has refused to assist me in obtaining anything.) don't state anything but the date the divorce was finalized. I re-married this April after knowing my husband for 10 months.

We have a large amount of proof in terms of letters, messages, photos, trips together, facebook posts, and cohabitation together in in Korea, where we are teachers. We also have letters from friends and family explaining our relationship and how it came about even though I was still legally married. The only part that is a problem is showing financial co-mingling. As foreigners in Korea, we cannot own property or even open a joint bank account. I have some paperwork showing transfers between our Canadian bank accounts but that's it.

We are nearly the same age and are very similar in terms of background, personality, etc.

So, is this a huge problem? Could I do anything else to help ease my case along? Thanks in advance for any advice.

Edited by elee09

Met in Canada, both moved to South Korea to be teachers! ❤️

CR1: Direct Consular Filing: Seoul, South Korea Married in Seoul, April 2013

Filed I-130 in person, Seoul Consulate: 06/11/2013

NOA 2/Packet 3 Instructions via email: 07/03/2013 (22 days!)

Medical: 10/5/2013 - Received results via regular post 10/14

Interview: 10/24/2013

VISA ARRIVED 10/31/2013

POE Peace Bridge: 01/06/14

SSN Arrived in Mail: 01/13/14

Green Card Arrival: 2/20/14

 

Lifting conditions on CR-1 Vermont Service Center

I-751 Mailed: 10/24/2015

NOA Received: 10/31/2015

Biometrics: 11/25/2015

Conditions Removed: 10/01/16

New Green Card: 10/12/2016

 

Naturalization: Online

N-400 Submitted: 08/26/19 

Biometrics: 09/05/19

Interview: ? 

Citizenship Test: 12/5/19

Approval: ?? 🙏

Swearing in Ceremony: ?

Link to comment
Share on other sites

This is just my experience, so take it as you will.

I had a similar situation to you - I was only just separated from my then husband when I met my new husband. Same thing in Australia (where I'm from) - 12mth separation before you can file for divorce. Same thing about them allowing co-habitation during the separation period, which I did for a little while in between trips to the US. My current husband (USC) and I were married 3mths after my divorce was finalised.

The short time frame was never bought up at any stage of my process.

I don't have any experience with the embassy in Korea (I'm assuming that's where you will interview), so I can't really say how they will view it there - hopefully someone who has been through there can chime in soon with their opinion. I would imagine that they would have an understanding of their country's laws regarding foreigners not being able to open joint accounts etc, and would take that into consideration.

I guess all you can do is make sure you gather as much evidence you can in the other areas, and maybe when having to send evidence, provide a short explanation as to why you can't include much financial information.

Good luck with it :)

USCIS

30 Nov 2010 - Sent I-130 to Chicago

1 Dec 2010 - I-130 received at Chicago

18 Apr 2011 - APPROVED!! NOA2 text and email

NVC

29 Apr 2011 - Case entered into the system/Case number assigned; Medical Exam in Sydney

30 Apr 2011 - Police Check Application sent

2 May 2011 - Called NVC and got Invoice ID number

3 May 2011 - Sent DS-3032 email

4 May 2011 - Received email reply from NVC for DS-3032; Received Medical Exam results

5 May 2011 - AOS invoiced and paid

7 May 2011 - AOS package sent; IV invoiced and paid

9 May 2011 - AOS package delivered to NVC according to tracking

20 May 2011 - RFE for missing IV package....still waiting on Police Certificate!

24 May 2011 - Received Police Certificate after 25 days (so much for 7-10!); IV package sent

27 May 2011 - IV package delivered according to tracking

8 Jun 2011 - RFE for original marriage certificate; requested supervisor review since we KNOW it was in the package!

30 Jun 2011 - SIF and CC - FINALLY!!!!

13 Jul 2011 - Interview date assigned! Scheduled for August 9th @ 10am

9 Aug 2011 - Interview - APPROVED!!!!!!!!!!!!!!!!!!!!!!!!!

12 Aug 2011 - Visa in hand

24 Aug 2011 - POE @ LAX

Link to comment
Share on other sites

I got remarried 6 months after my divorce was finalized here in the USA, and my ex-wife is a foreign national too. She wanted not me.

I talked to a lawyer and she just recommended I attach a letter explaining my situation. I think it helps if that USCIS officer gets to know you as they read your file, you become a person to them and not just a number.

I had no problem from NOA1 to NOA2. No RFE's I included about 2 dozen pics also with captions under neath the pics.

Now I'm just stuck waiting for over a month at NVC because of their I-864 AOS screw up with the new form! It's always something with that agency!

Gonna try again.

USS Liberty - Not Forgotten

Link to comment
Share on other sites

Filed: Citizen (pnd) Country: Canada
Timeline

Thanks for the info.. I'll probably add a letter. My father spoke to the situation a bit in his support letter too, so that probably helps. Thanks, all. I hope your process starts to go more smoothly, Hornet!

Met in Canada, both moved to South Korea to be teachers! ❤️

CR1: Direct Consular Filing: Seoul, South Korea Married in Seoul, April 2013

Filed I-130 in person, Seoul Consulate: 06/11/2013

NOA 2/Packet 3 Instructions via email: 07/03/2013 (22 days!)

Medical: 10/5/2013 - Received results via regular post 10/14

Interview: 10/24/2013

VISA ARRIVED 10/31/2013

POE Peace Bridge: 01/06/14

SSN Arrived in Mail: 01/13/14

Green Card Arrival: 2/20/14

 

Lifting conditions on CR-1 Vermont Service Center

I-751 Mailed: 10/24/2015

NOA Received: 10/31/2015

Biometrics: 11/25/2015

Conditions Removed: 10/01/16

New Green Card: 10/12/2016

 

Naturalization: Online

N-400 Submitted: 08/26/19 

Biometrics: 09/05/19

Interview: ? 

Citizenship Test: 12/5/19

Approval: ?? 🙏

Swearing in Ceremony: ?

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...