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Filed: AOS (apr) Country: Philippines
Timeline
Posted
If the past marriages ended in amicable terms then all is fine, but some people have difficulties locating ex-wifes addresses and other information that the embassy requests. It's not easy calling your ex-wife and telling her you want to marry a foreigner and asking for her cooperation.

Also, I believe certain embassys will view past failed marriages as good indicator's of the future outcome of a K1 visa (not saying that this is the case with the OP). If both petitioner and beneficiary were never married and there were no children etc., then it would be simple. Throw in a divorce and a few kids and you complicate the process.

Every embassy is different, I wouldn't feel comfortable telling the OP that two past divorces won't present problems. IMO.

Then I am in big trouble because I and my fiancee are both divorced and have kids from our previous marriages.....

YMMV

Filed: Country: United Kingdom
Timeline
Posted

Every embassy IS different, but their purpose in the process is the same, even if they set about their task with a different perspective for any of various reasons.

There are some factors to consider though. For example, it is not the consulate's role to determine 'future outcome' of a K-1, other that that the couple are genuine about their intent to marry and have evidenced a genuine relationship as the basis of that, and that they intend to live together as man and wife in the US. The fact prior marriages may have failed, and for the most part even who's fault that may have been, is not relevant in any but a secondary sense to the process of adjudication.

There is also no involvement of prior spouses or cooperation of such needed in the K-1 process. Both petitioner and beneficiary need to provide evidence of prior marriages - certificates to prove the marriage took place and divorce decrees, death certificates etc to show they were lawfully ended, but that is all. If the petitioner has children by prior marriages, that is of very little interest to the system as long as they are listed on the petitioner's G-325A. If the beneficiary has children by a prior marriage, they are of interest to the system in as far as any direct involvement in the case, but again, as long as they are listed so it is clear the petitioner knows of them, they don't really impact on adjudication.

That isn't to say that prior marriages and children don't play a part because like all other factors they are considered in the context of each case as a separate entity, and like every other aspect of the system embassies vary in their focus and concerns based on local factors (such as incidence of perceived visa fraud). But it's important to realize that the consulate's purpose is solely to determine the beneficiary's eligibility for a K-1 visa, thus even in high fraud posts where denials are higher than normal, if the couple focus on the need to provide sufficient and telling evidence of their genuine relationship, and assuming the beneficiary is not ineligible for any of the normal criminal, health, prior violation type reasons, the K-1 will still be granted.

I suspect that by and large, where K-1 visas are denied or sent into administrative review, it's because the couple made mistakes in the details or documents provided, or did not focus appropriately on the evidence they needed to provide, based in part on the local concerns of the consulate. Of course, that's not to say there are not some relatively harsh and problematic adjudicators who deny seemingly valid applications - there are always a few such - but no-one can predict these, so while they exist they don't represent a pattern to be considered when trying to navigate the system.

K-1 visas take so long because like any bureaucratic system, they require volumes of paperwork to be considered by numerous bureaucrats for brief periods each, between which the file sits on a shelf collecting dust in a long queue of dust-collecting files. Every now and then, a worker checks that the file hasn't been lost, but otherwise for the most part each of several hundred thousand cases pending in the system just get forgotten until they shuffle to the front of the queue and fall off the shelf into someone's lap to be dealt with in some way. Then, to assuage the convoluted thinking of lawmakers who don't believe in simple being best, the process is broken down into three stages between two different branches of government in three locations, thus requiring all the paperwork to be shuffled from place to place at the requisite time. It's inefficient, soulless and almost entirely non-responsive. On the UP side however, as much as it doesn't seem like it sometimes, the K-1 process for most couples is actually faster than almost any other visa process in the US immigration system.

Filed: K-1 Visa Country: Canada
Timeline
Posted
Someone once said this is what goes on at USCIS.......

computerworks.gif

That image is making me feel dizzy. haha

March 6, 2007 - I-129F package sent

March 21, 2007 - I-129F NOA2

October 17, 2007 - K1 interview - approved

October 19, 2007 - K1 arrived in mail

October 21, 2007 - US entry

October 23, 2007 - Wedding day

November 27, 2007 - AOS, EAD, AP package sent

December 7, 2007 - Received all 3 NOA's for AOS, AP & EAD

December 10, 2007 - Received letter for biometrics appointment

January 2, 2008 - I-485 transferred to California

January 3, 2008 - Biometrics

January 16, 2008 - RFE for I-485

January 22, 2008 - RFE for I-485 arrived

January 23, 2008 - AP approved

January 25, 2008 - Case status finally updated: AP approved January 23!

January 31, 2008 - EAD card production ordered

February 2, 2008 - AP arrived in mail

February 5, 2008 - Sending a letter/RFE to CSC

February 5, 2008 - EAD card production ordered (again?!)

February 7, 2008 - RFE/letter arrived at CSC

February 7, 2008 - EAD approval sent

February 9, 2008 - EAD card received, dated January 23rd!

February 25, 2008 - CSC finally acknowledges receiving RFE

February 27, 2008 - I-485 APPROVED!

February 27, 2008 - Online case status: notice mailed welcoming new permanent resident.

March 3, 2008 - Received welcome letter

March 3, 2008 - I-485 approval letter sent

March 6, 2008 - Green card arrived in mail.

November 2009 - Removal of conditions...

Posted

I'm twice divorced and my fiance got his visa last week without a problem. Only one question asked about it: "Do you know you'll be her third husband?" AND I'm 10 years older than him.

Remove Conditions

08-19-2009: I-751 Sent to VSC

  • 10 months later...
Filed: AOS (apr) Country: Panama
Timeline
Posted
I am new on this web site. And of course, I have a lot of questions.I am just on the beginning of my prosess to get K1 visa.

Why can tell me why it is take so long to get K1 visa? Are they going to check all my docs that I have to provide? I mean, I was married 2 times before. Are they gonna check this info also?

Taty

They check everything,and they do background checks on both you and your fiance.It took them seven months just to send me my NOA2.As long as you have included your two divorce decrees along with your petition,your previous marriages should not pose a problem.Suerte paisana.

May 7,2007-USCIS received I-129f
July 24,2007-NOA1 was received
April 21,2008-K-1 visa denied.
June 3,2008-waiver filed at US Consalate in Panama
The interview went well,they told him it will take another 6 months for them to adjudicate the waiver
March 3,2009-US Consulate claims they have no record of our December visit,nor Manuel's interview
March 27,2009-Manuel returned to the consulate for another interrogation(because they forgot about December's interview),and they were really rude !
April 3,2009-US Counsalate asks for more court documents that no longer exist !
June 1,2009-Manuel and I go back to the US consalate AGAIN to give them a letter from the court in Colon along with documents I already gave them last year.I was surprised to see they had two thick files for his case !


June 15,2010-They called Manuel in to take his fingerprints again,still no decision on his case!
June 22,2010-WAIVER APPROVED at 5:00pm
July 19,2010-VISA IN MANUELITO'S HAND at 3:15pm!
July 25,2010-Manuelito arrives at 9:35pm at Logan Intn'l Airport,Boston,MA
August 5,2010-FINALLY MARRIED!!!!!!!!!!!!
August 23,2010-Filed for AOS at the International Institute of RI $1400!
December 23,2010-Work authorization received.
January 12,2011-RFE

Filed: K-1 Visa Country: Sweden
Timeline
Posted

I was also married twice and my second marriage was within 2 years of my first divorce. However, I provided certified documents from the counties where the divorces took place to prove I was divorced. However, the US Embassy may ask your fiance if you were married before at the time of his/her interview and ask if they know why it didn't work out, so you need to discuss this with your fiance. This is a long process and I can tell you now, if I ever had to do this before I got married to my last two husbands, this would have definitely been my first and only marriage as this process is not for the faint of heart, weak or uncommitted. I wish you the best of luck!

 
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