Previous marriage question

[Andrea&Henry 311]

I read that some members had issues because they were engaged before the divorce is finalized, but they DID file AFTER their divorce.In some cases they were denied or put under AP because the CO considered it was an infidelity issue. In my very personal opinion, I think is nobody bussiness what you do with your life, the USCIS specific require is "BE FREE to marry" legally and personally. How you get to that point is your life, so I dont agree with the CO making a desicion base in his/her moral statements. In my case I was a lil concern cause my husband and I got engaged 6 month after his divorce was ready. He got marry on 2003 and they agreed to separate on 2006, no kids. They were lazy about filling the divorce for 5 years even when they already had new partners and complete separate lifes. When he decided that he wanted to spend his life with me they did the paperwork. But we date for a year while he was still married. But thanked God it was never brought during my interview (k1). Neither his ex wife or his past married life. Nothing. I was approved without issues. I hope you guys make it without problems

[johnnyv 20]

I hope so too. I guess it could be considered infedelity because we were not divorced, only living apart. I wonder if it depends on the country your petitioning through whether or not it is brought up.

I read that some members had issues because they were engaged before the divorce is finalized, but they DID file AFTER their divorce.In some cases they were denied or put under AP because the CO considered it was an infidelity issue. In my very personal opinion, I think is nobody bussiness what you do with your life, the USCIS specific require is "BE FREE to marry" legally and personally. How you get to that point is your life, so I dont agree with the CO making a desicion base in his/her moral statements. In my case I was a lil concern cause my husband and I got engaged 6 month after his divorce was ready. He got marry on 2003 and they agreed to separate on 2006, no kids. They were lazy about filling the divorce for 5 years even when they already had new partners and complete separate lifes. When he decided that he wanted to spend his life with me they did the paperwork. But we date for a year while he was still married. But thanked God it was never brought during my interview (k1). Neither his ex wife or his past married life. Nothing. I was approved without issues. I hope you guys make it without problems

I also agree that it shouldn't be there choice on their own morals, just if you meet the requirements.

[johnnyv 20]

I wonder if it makes any difference that the divorce decree also says incompatibility and unreconcilable differences.

[Andrea&Henry 311]

I think they dont pay too much attention to this...I think that only thing that matters its to be divorce. In my hubby case, was the sane reason. Basically they stopped love each other but remained very good friends. Actually we both get along super well and with her family . I think it was never brought because they don't share any kind of bond. They never had kids, they splitted their assets 50-50 and there's nothing left of that marriage (just me guessing). Maybe also because even when we date for a while, while he was still legally married, we got engage after his divorced was done and ready (me guessing again). But Trust me, I was expecting them to asked me about her and their previous marriage but NO, it was like she didnt exist

[rylforever 18]

I wonder if it makes any difference that the divorce decree also says incompatibility and unreconcilable differences.

it shouldn't make a difference, thats what mine says also. those are normal, standard reasons for divorce. my husband hasnt had his interview yet, but we are not worried in the sense that we didnt hide anything about when we met, evolved relationship, etc., and i didnt mean to have feelings for my now husband before my divorce was final, but it happened. i dont think you should worry, in that of i think it only comes to couples where may be the interviewer suspects marital fraud that they start asking the couple about timeframes of knowing eachother, and whether they already with other people, etc., and i agree with the post above that says they should not judge when someone met, if they were still married not yet divorced, etc. in the end, a true love comes once and i was not about to let mine go just because of my previous failed marriage not working out and not being divorced at the right time. i think you will be fine, and i wish you two the best of luck.

[johnnyv 20]

There isnt any type of marriage fraud here. You two are right. you don't plan on falling in love sometimes. It just happens. my fiancee and i have talked about my past and she is aware of it all. she knows we fell in love while i was still married, and while we had been together intimately before the divorce was even filed, it wasn't the reason why. I feel a bit better now.

[DJ&L 83]

It doesn't matter. As long as you're divorced before you file the 129, you're fine.

[Anna Grant 169]

It really shouldn't matter. It only matters that you're free to marry when you submit the I-129F.

My now husband was officially divorced in May 2012 and we submitted the petition in July 2012. That short gap never came up in interview.

We had met previously 20 years ago and had a short relationship whilst he was married. I mentioned that was when we first met in the interview (I didn't mention that he was married at the time! Not particularly proud of that but these things happen) and then we lost contact until I FB'ed him in Oct 2011. That was not commented on in the interview.

The question I can think your fiancee may be asked is 'Do you know the reason for the break down of your fiance's previous marriage?'

[doug/sherry 26]

When you signed the bottom of the I-129f you stipulated you were free to marry. This means that if you were divorced

and the paperwork was signed and processed prior to the signing of the form, then you met that legal obligation. Now,

once you get to the consulate, its the CO's right to ask you any question that he deems necessary to approve the

Visa. Some are intursive and some are not, they are just trying to find out if your honest and their is no fraud. I don't

think that you will have a problem.

[Tanya and Barry 59]

There isnt any type of marriage fraud here. You two are right. you don't plan on falling in love sometimes. It just happens. my fiancee and i have talked about my past and she is aware of it all. she knows we fell in love while i was still married, and while we had been together intimately before the divorce was even filed, it wasn't the reason why. I feel a bit better now.

It won't have any bearing on the petition. The CO at the consulate may or may not ask about it. Just tell the truth. It's all you can do....

[dobbietoo 8]

I too had some concern on this issue but it is very clear on the K1 app and all docs related to it. You MUST be free to marry once you sign and submit the petition. This is pretty cut-dry in what I've read. As long as this is the case, you have nothing at all to worry about. Simple as that. Good luck in your journey!

[mamichou 8]

Me and my Fiancée are having the same problem. I was engaged before my divorce was pronounced but I was legally separated and the decree states it. I have also sent my fiancée my lease agreement only showing mine and my kids name on it. I was not leaving with my ex wife at that time. I hope we won't have any issues at the date of interview.

[johnnyv 20]

It doesn't matter. As long as you're divorced before you file the 129, you're fine.

I am divorced, decree in hand, and waited 6 months (Oklahoma requires 6 months after divorce before you can remarry).

I too had some concern on this issue but it is very clear on the K1 app and all docs related to it. You MUST be free to marry once you sign and submit the petition. This is pretty cut-dry in what I've read. As long as this is the case, you have nothing at all to worry about. Simple as that. Good luck in your journey!

As stated, I'm free to marry. I just had cause for worry because it really sounded like regardless if you were free to marry, the CO could still deny you because they believe you cheated on your wife/husband. I don't want that. My fiancee knows why my ex-wife and I divorced. I was talking to her during that time and she was a big part of helping me through the situation and all the emotions that came with it.

[elygrace 2]

As long as you have the final divorce decree when you file I-129F. And also your fiancee is aware of everything - the consul might ask her come interview time. Just be honest with her. Good luck!

[NikLR 13,227]

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.

You are fine. Stop worrying.

I wasn't asked a single question about my husband's ex wife or his divorce. They also asked zero questions about my ex-common-law or my daughter. This is Canada we're talking about.

Edited July 26, 2013 by NLR