Am I complicated enough for a lawyer?

[Gretch 11]

I have been poking around here and see that the general advice is, this process can be done well without a lawyer. (I don't have a lot of faith in lawyers here to do the job properly and fast, anyway...) But I'm afraid my case is asking for a refusal. Both my fiance and I have been married before, and although he has been separated for many years, the divorce is only now going through. I plan to put in my application as soon as his divorce is finalized. My fiance also has a minor child, who we will not be applying for.

I had thought to apply for K1 because it's faster, but I think we have a better chance of convincing the officials that we are bona fide if we marry here. We have been together six months, all of that time in person. We'll be applying through the Nairobi consulate, which I gather has a reputation for refusing.

So, because my case sounds a bit sketchy (though it's really not), I thought that it might help to hire a lawyer--though I think I can get through the paperwork on my own otherwise. Otherwise we have no issues I can think of--no arrests, my fiance has never been to the US, I have a stable job with good income, etc.

We also really have no interest in a wedding, since we've both been through this before--we just want a simple courthouse signing. Please tell me I don't have to go through a formal Rwandan traditional wedding!

Any opinions?

[intrigueace 14]

Question-are you planning on going back to the U.S. anytime soon? I ask because since you're already in Rwanda, you may want to go ahead and just marry there and go through the CR1 so you can stay physically together while the process is in motion. Based on other threads, I may recommend going through a traditional wedding there to further boast the 'bonafideness'.

The previous marriages aren't really an issue as long as you have all the appropriate divorce documentation. You'll need to include the information on the child even though they're not coming with you.

But based on all you've written, still doesn't seem like you need an attorney. With all the right documentation, you can do all this yourself.

Edited August 11, 2015 by intrigueace

[Jawaree 718]

Make sure you have all divorce papers..certified. The child is declare even though not be petitioned

pictures with some of his family members & friends. Its best to marry there then begin the process

upon returning to the US...think about an approval not an extra 2-3 mths from K1

[mallafri76 1,012]

Doesn't sound like you have a particularly unusual case so you should be able to handle it by yourself. Follow the guides from USCIS, NVC and right here on VJ and you should be fine.

During the interview at the embassy, part of the bona fida seem to be to see if you follow the traditions of the foreign spouse's country. E.g. if you're in a country where a large traditional wedding with family and friends is a big thing, the embassy might find it strange that you don't follow that tradition. I've read several threads on VJ from people that were denied visas or given admin processing because the interviewer wasn't convinced it was a bona fida marriage, one couple had a small ceremony at the court house with no family present but were denied a visa because in the bride's home country, it is tradition for the father to give the bride away in a large ceremony. So if there are strong cultural traditions in your fiance's country, it might be a good thing to follow that.

Also, you say you have a stable job with a good income. Any income for the AOS must be from a job in the US or if from abroad, it must continue from the same source. Just thought I'd mention that as you say you've been living together for the past six months abroad.

[Gretch 11]

Thanks so much for the responses! I am learning so much so fast.

--Re: a wedding: so the thing is, even though Rwandan weddings are typically complicated with many guests and several different ceremonies... no one would ever do that for a second wedding, after divorce. Divorce is shameful and rare here, and a second marriage really would, culturally, be at the courthouse only. Thinking about it, I'm not even sure I have a "choice". Maybe we can explain that in the interview? We'd have some close friends and family at the courthouse, so that would help, I think.

--Re: marrying first. Thanks for the info regarding the salary. I'm paid by an American company while I live here, so I wonder if that counts as American salary. My contract is up in about four months. I wonder if I can go ahead and begin the application process, or if I have to wait until I'm home. My permanent address is still in the US, even though my current residence is Rwanda. Silly me, I thought being here would be an advantage! There doesn't seem to be any DCF option in Rwanda--the consulate says they do absolutely nothing with permanent immigration. (Processing is in Kenya.)