Looking at possible 2nd K1 visa, Opinions needed

[LouRulka 1]

Hello Everyone!

I would like some opinions on myself and my girlfriend applying for a k1 fiancee visa or possibly the k3visa. This would be my second application, and she is not the same individual that I petitioned for previously. As of now my girlfriend and I are not engaged, we love and care deeply for one another, we talk of our future together frequently. Knowing a little about the visa process prompted me to visit VJ again for some much needed guidance and advice. The situation for myself as of right now is sort of "complicated" and confusing, and i think its just I need some outside opinions and advice. Here are the facts; I applied and was successful in obtaining a k1 visa for my fiancé now soon to be ex-wife. Her interview was successful and visa approved on Dec.22.2009 in Guangzhou, China. She arrived in the US on Jan.27.2010 and we married on Apr.16.2010. During her time in the US she was really homesick, and the stress caused a lot of arguments. After a short time together she left back to China on July.10.2010, we did not adjust the status or even begin the process. After a month of her leaving we decided that our situation just wasn’t going to work. Now this is where my confusion and predicament begins. After we decided on divorce, she must have had it in her head that I could do all the paperwork myself without any of her signatures and without her knowledge; I relentlessly tried to send her the paperwork for the joint petition for dissolution she just ignored the calls, told her family to ignore my calls, ignored emails, and deleted me off of her QQ account. So then I wanted to attempt a regular divorce but it required her being served, I had no success and I also didn’t have a current address for her. Basically I couldn’t prove that I was attempting to serve her (this went on for a little over 2 years). After 2 years of doing this I received a job offer overseas in United Arab Emirates; so I was working there for a few months and hadn’t been able to handle the divorce stuff, but low and behold, who do I see at a restaurant….yup its her(I wasn’t to surprised, I met her in UAE)! So I make contact with her and tell her, we are still married and that Im going to need her to help with handling the divorce paperwork, she agreed. So I printed the forms for a joint petition, I meet back up with her and then she says she wants money to sign the paperwork(pretty much knew that would happen) then she tells me the paperwork is only a benefit to me because she can remarry in china and the US won’t know but I cant remarry because Im already know to be married. I didn’t even want to be bothered with her anymore and just gave her some cash and we got the paperwork done. As of now, I have just came back to the US and given the court the paperwork and if everything goes smooth the dissolution should be final about 6 and a half months from today(March 2014-ish). Now for my current relationship and concern, I met and started a relationship with my girlfriend while technically married, when I first met her I told her my situation (I only met her long after the ex and I were separated and wanted divorce). Although we are not engaged yet our relationship is definitely headed in that direction. So after reading this you guys, and gals probably know a lot of the questions I have. One of my main concerns is will it be held against us or viewed as negative if we met while I was still technically married? I don’t think this would happen but hypothetically; If my divorce is finalized in march and we decide to marry in April, May, or a few months later would that be held against us? For this situation does it matter whether I do a second k1, or k3, or cr1 visa? What could be the worst obstacles to overcome and is it even realistically possible for us to successfully obtain any of these visas? I’m sure I’ll think of more questions as time continues, and even though im not engaged yet there is an extremely strong possibly that I will be very soon. Thanks for listening to my rant everyone, all advice, opinions, thoughts are welcomed so I can overcome this and relax my mind some.

[TBoneTX 46,042]

*** Thread moved from K-1 Process forum to the "What Visa Do I Need" forum -- OP is contemplating visa paths. ***

[clairegie 265]

Hello, I'm sorry that your mind has such a heavy burden. I can't imagine the headache you must have from thinking about this. I must say your ex wife is crazy, can't believe she even asked for money lol.. anyway.. that aside.. Keep in mind I am no expert, just a person on the internet trying to provide some help.

First, when your marriage becomes finalized, doesn't NC have a 1 year wait period afterwards? I'm unclear with this law though. You might want to verify if you're as clueless as I am If so, that means you have so much more time to ponder if you want to go to the K1 or CR1 route. While it may raise some questions that you had another relationship during your first marriage, whats important is that you meet the requirements upon filing, which in your case is: "You and your fiancé(e) are both free to marry and any previous marriages must have been legally terminated". In any case, if this issue does come up during your consular interview, just make sure you have tons of written proof as to why your current relationship overlapped with your 1st marriage. If they don't ask you about it, then its all good. Best to be prepared anyhow. Don't volunteer information if its not asked though (worry about this next year )

Between your visa choices, I believe this will help you a lot. It shows the positive and negative aspects of each visa type. Hopefully it will help you determine which one suites you most.

http://www.visajourney.com/content/compare

Edited September 19, 2013 by iammrsregi

[Ryan H 3,828]

Regardless of which visa path you pursue, when you do submit the paperwork, write an "Evolution of Relationship" letter detailing all the circumstances. You are not the first person to meet someone and start a relationship while being "technically married" and you won't be the last.