Previous marriage question

[johnnyv 20]

I have a question about my previous marriage that has been itching at me for a while. We decided to separate in August 2012, same month I met my finacee. We separated in October and I moved out, same month as I actually met my finacee in her hometown. Because the divorce was a mutual divorce, we had no problems with each other, we delayed filing until December. Will this be any red flag for our case? I hope not. i didn't find anyway to explain this in our petition.

[johnnyv 20]

I'm asking if they delay in divorce filing and the time i met my fiancee going to be a problem? i proposed to her in May of 2013

[rylforever 18]

it may in that of infidelity can have negative implications on immigration status if it is brought up, it can affect ones moral character. but you should not lie either. i have a friend that is an immigration attorney and only once he said it ever came up with a client that came to see him after fiance visa was denied, it was a situation similar to what you wrote and when the interviewing officer asked the couple basically if they had slept together before previous marriage had been finalized, they admitted yes and that they were dating before the marriage was finalized. long story short, they were not approved that day, and they had to refile. they hired him (my attorney friend) to refile, and fortunatley they were approved second time around though as a married couple. he said that was the only time he had heard of it coming up, and that may or may not be the case, not sure...but it is always possible and i am just explaining an experience, not trying to be negative or anything.

[johnnyv 20]

Well that was a scary answer. my old divorce only happened because of incompatibility, not because of my foreign fiancee.

[yorubaqueen13 28]

My x husband left in March 2011 I met my fiance online in August of 2012, he purposed in October 2012... However, my divorce was still pending. It had been filed in Dec 2011 but not finalized til Feb 2013 ( we were fighting over assets) so I was actually engaged before final divorce but he walked out on me & I never seen him again with an exception of at divorce preceedings.. I was approved no issue. My attorney said as long as the K1 was filed after the divorce Judgment..we filed in March 2013, that theres no legal issue. I still believe its possible we may have sum splainin ta do at the interview tho lol so its just up to the CO I guess... Make sure to just b honest.. But at the USCIS level there was no issue good luck

[johnnyv 20]

Now i'm worried. What do I do? :-(

[johnnyv 20]

I don't know if it will help our case but my new fiance and I are attending premarital counseling and submitted a letter with our application to avoid another scenario of divorce.

[baron555 934]

Shouldn't be an issue but were you officially divorced when you filed the 129f?

[DaveE 178]

I doubt you will have any problem with the USCIS portion of your petition. Their real requirement is that you be legally able to marry at the time the petition is filed, and have you met in the last two years.

I would advise you to prep your future bride however about potential questions during the interview. Things like:

Did you know he was still married when your relationship began?

When was his divorce finalized?

If children, how many and what happened to them, (custody).

The interview is where the decision will be made to grant or deny the visa.

[johnnyv 20]

The petition was filed after the divoce was filed and recorded. so everything was completed by the time we had filed. my fiance is aware of all dates regarding my previous divorce and no children were conceived.

[rylforever 18]

Well that was a scary answer. my old divorce only happened because of incompatibility, not because of my foreign fiancee.

i didnt mean to put a scary answer, lol. just trying to help. the reason those people may have been denied at first maybe they did divorce because of foreign fiancee and not because of incompatibility, not sure. i think that when you are honest about things, it all works out in the end for the best, so for that i say dont worry. i previously married also and it didnt work out and decided to marry my now husband (weve known eachother for years) a little after my divorce was final. things happen at strange times in our lives, but as long as you are honest during the process, i wouldnt worry.

[ricnally 258]

You might get asked about it at the interview. I was "engaged" before my divorce from my previous husband was finalized (but we didn't file I129f until a few months later). I was asked about it at the K1 interview. I had my separation agreement with me, showing that we'd actually been living apart for 5 years.

[johnnyv 20]

I dont have any type of separation agreement. Is that a problem?

[rylforever 18]

I dont have any type of separation agreement. Is that a problem?

i know each state is different on how documents look and what they are called and what is incorporated in each, but for example on my settlement agreement, it says on first page plaintifff and defendant were married on_________ and separated on _____________ and have since been living apart, etc.

[johnnyv 20]

My decree doean't state seperation time, only that we were married on _____ and filed for divorce on _____. Thank you for your support everyone, i'm just looking to feel better about this. This is the only thing I'm worried about, truly.