second time around

[manli 0]

Greetings to all !

I will say this is a very well informed and user friendly site to truly help people that are serious about theirs lives together and how to make it happen when two people are from different countries. It would be a nicer planet when there are no more boundaries for people !!!

We are in the process (actually it has taken legal time and delays to get it done) of divorcing my x-wife to be. Before judgment comes from anyone, let me state we attempted to work it out, but she wanted out, so separation has been for over a year and 1/2 now. the process is extremely slow in America especially if a child/children is of the marriage. I met my soon to be x-wife in Ukraine and followed the ancient guidelines for a K1 visa back in 2000, boy it sure has changed looking at this website.

anyway, I met some one special in China visited her several times and we decided to apply for the fiancée visa for her and her son to come here and live and enjoy a wonderful life together. I noticed on the petition form ( I-129 question 11) about former petitions for fiancée visa. Well I have back in 2000, that is almost 14 years ago and obviously the marriage did not work out and so on.

I am waiting for my divorce decree to be finalized before I submit my petition for K1 fiancée visa, two questions,

1.) any red flags pop up ? it has been over a decade ago and the two women are from different countries irrespective of the situation.

2.) any problem to file for the K1 fiancée while the ink is still wet on the divorce decree?

Thanks in advance,

Manli

[Ontarkie 14,369]

~~Moved to What Visa Do I Need - Family Based Immigration, from Off Topic as nothing has been filed yet and OP is looking into the K1 process~~

[NikLR 13,231]

Obviously there will be a red flag, but as long as your current wife knows about your ex then you should be okay. However it's up to the CO. If the divorce is mutual and you have been separated for some time, you may also ask your ex-wife to write an affidavit stating how long you have been separated (not just divorced.)

[manli 0]

thanks for the reply, I am not married yet, obviously because of the lengthy money draining and broken system in the USA for divorces. I can not legally get married nor start the process for a fiancée visa. Just for all to now, I am not dumping one wife for another one. This present situation was ongoing for several years and now it comes to the end. However I met someone during this and we have determined that our lives are destined to be together.

It may or may not be a red flag but I would assume it would. But interestingly enough and unfortunate, divorce is such a part of society now, especially in the USA that it seems it becomes tolerant as many other things have become. After everyone has a right to find and be with the one they care and love, even if it means a first marriage ends and another would begin.

So given the length of the marriage and (over a decade) and having all documents proving the separation and eminently the divorce decree finalized by the court system you or anyone else that wants to chime in, think a red flag would be raised so high to deny a fiancée visa a second time ?

This could be a case of engaging my elected officials (Senators and house reps) to clear the murky water and let this proceed onwards. What logical or illogical reason could the government give to say no?

I really would like to get some feed back, perhaps from others who have traveled down this road. I do anticipate to start by the end of the month to file the petition and am prepared to back it up with the evidences required.

Thinking about it, perhaps it would be better to go there (china) and get legally married and petition for a spousal visa, any thoughts please.

thank you in advance