K-1 - Divorce - Remarriage

[LouiseA 0]

Hello everyone,

I came to the US with a K-1 visa in 2013 and got divorced in 2015. We tried to make it work but to no avail.

Since I came on a bona fide marriage and can prove it, I'm not worried if my case will be approved.

I'm using an attorney to fill the papers because the process took too long the first time when I applied for the K-1 and I had to fill them again for my other child who joined me later.

Besides, I run a business that is very stressful and have no time to go through all the papers needed.

But that's not the problem.

The "problem" is that after 6 months of being divorced I met someone and he proposed me in December. I was not expecting to meet someone again and that fast because after this divorce I wasn't in the mood of meeting anyone. We are old enough to know we met the right person finally after 3 marriages of being taken advantage of.

I'm filing the ROC soon and my concerns are those :

1. I read on the forum, unless I misunderstood, that I should have filed the ROC right after having my divorce paper

2. That I shouldn't get married during the ROC

3. That I should get married after the ROC

My attorney says I should wait until I receive my 10-year GC.

Also, my ex husband has been in the hospital since August last year and he doesn't want to give me his last address after we separated.

I'm lost. Can someone advise me please? I browse the forum and found nothing.

[LouiseA 0]

Yes he is.

[Asia 2,499]

Is your conditional GC still valid?

You came in 2013... Did you get a GC in 2013?

[LouiseA 0]

Yes my GC expires this summer and currently preparing the papers for the 10 years. But I'm using an attorney to make sure I don't have a RFE.

[LouiseA 0]

Nobody knows?

[EM_Vandaveer 2,417]

If you get married before filing, you have to put your current marriage on the form and it may very well look suspicious. I'd follow your lawyer's advice.

[elmcitymaven 9,712]

What's the rush to get remarried? My ex and I split up just after we finished ROC -- nothing suspicious about it, it just didn't work out. I met my boyfriend of five years now while the ex and I were in the process of getting divorced, and we're still 1) hopelessly in love with each other and 2) unmarried to each other. If you have a reason like you need to be covered by his health insurance because you can't afford it on your own, or marriage will bestow some other significant benefit, I can understand the rush to the altar. Otherwise, don't make your life more complicated than it needs to be, especially if you are busy and stressed out.

I know what it's like to finally meet the right person after some fairly unhappy relationships. If your beloved can't wait for you to sort out what is actually rather a big deal for you, you should be asking yourself some questions.

[LouiseA 0]

Thank you for your answers!! I'm not in a rush myself!

He's more of a practical person such as saving on taxes which would help us visit my country for instance, saving me the cost of health insurance (twice paid, he has a better plan), buying my house and on top of this he wants me on his life insurance and also said if we are married for 10 years and he dies, he's 62, me 54, I'll benefit his retirement plan.

Personnally I don't care as long as we are together but he's "old" school and wants my security and protection for the most part.

That's all. And he's ready to wait because both of us have been badly burnt!!! His last wife divorced him leaving with 400 000$!!!! Hi ex took advantage of him as my ex did.

He knows I have assets too so no big deal about me burning him.

It's sad because he's such a kind person.

Why would a marriage during the ROC complicate things?

[NikLR 13,232]

Can you afford to file ROC now? You can file at anytime after divorce. You do not have to wait.

[EM_Vandaveer 2,417]

It just may look suspicious if you have to check "No" on the "if you obtained your conditional residency through marriage and you are married now, is it the same marriage" question.

You could file THEN get married. IF you don't get an interview, you are OK, but if you get an interview you would have to disclose your new marriage.

[NikLR 13,232]

She would have to disclose it either way. IMHO they can wait or not, I don't think it will affect it either way. Many divorce waivers end up in interview anyhow. It's also why many people choose to file the ROC right away after divorce instead of waiting for the 2 year card to expire.

[NikLR 13,232]

You don't choose when you meet someone. You can only choose at what speed to take that relationship. I started dating my husband quickly after breaking up with my ex, but if I'm honest with myself, despite trying for years, I wasn't in love with my ex for quite some time. It was just a comfortable place to be vs into the unknown, especially when you have a kid. So hubs and I moved rather fast to an outside viewer, but I don't live my life according to how other's think I should.

[LouiseA 0]

She would have to disclose it either way. IMHO they can wait or not, I don't think it will affect it either way. Many divorce waivers end up in interview anyhow. It's also why many people choose to file the ROC right away after divorce instead of waiting for the 2 year card to expire.

What does it change to file right away rather than before the 2 years GC expires?

[Ontarkie 14,507]

~~Three post that are not conductive to the topic removed. One post replying also removed. Stick to answering the question or do not post.~~

[NikLR 13,232]

What does it change to file right away rather than before the 2 years GC expires?

Nothing. You can wait to make sure you collect evidence or file immediately to get your 10 year card and get on with your life.