Next steps-proof

[CantThinkOfOne 22]

Despite of reading a whole lot still couldn't find an answer to my questions. And if in the wrong category please move 

Petitionary not legally divorced at the time of meeting Benificiary (me in this case) but already officially out of the "nest"; Petitionary able to (legally) prove domicile different from still-legal spouse (both USC).

Regardless whether K1 or IR1/CR1 proof of bonafide relationship/marriage will be requested .... 

 

My question is: If our timeline as a couple interferes with their timeline as a (legally) married pair and raise red flags about petitionary's "adultery" (the wording...... )

Edited April 11, 2017 by CantThinkOfOne

[Ben&Zian 4,398]

While obviously being legally married (even if separated) but seeing someone else, it happens. A lot of people on here have been in process of divorce but had begun seeing their new spouse/partner.

 

Divorces can be lengthy so it happens. I wouldn't stress honestly. 

[CantThinkOfOne 22]

2 minutes ago, Ben&Zian said:

While obviously being legally married (even if separated) but seeing someone else, it happens. A lot of people on here have been in process of divorce but had begun seeing their new spouse/partner.

 

Divorces can be lengthy so it happens. I wouldn't stress honestly. 

Just because sentimental, I have kept stuff from our time together ... will the USC being legally married ( despite different address from USC  wife ) come between timelines? I have no worries about our relationship, nor am I really eager to get a Greencard, but my SO and I are worried about the Ex(adultery) issue

[Ben&Zian 4,398]

1 minute ago, CantThinkOfOne said:

Just because sentimental, I have kept stuff from our time together ... will the USC being legally married ( despite different address from USC  wife ) come between timelines? I have no worries about our relationship, nor am I really eager to get a Greencard, but my SO and I are worried about the Ex(adultery) issue

 

Again it happens on this site a fair amount. There are people here who have been separated and dating someone else, and literally within 1-2 months of the divorce finalizing they have petitioner for their new fiance or gone and married their new spouse.

 

It generally is not a big deal as long as the relationship can be proven to be legit. Sometimes the country of the beneficiary can cause troubles with this though(if from a high fraud country); but again it can be over come.

[CantThinkOfOne 22]

Regardless high fraud or not ( YES, I am a no fraud citizen ), my question was about the US side, whether the bonafide relationship proof ( the proof before the USCs final divorce ) could be used

[JFH 12,190]

You are requested to provide evidence, not proof, of a bona fide relationship. It's important to understand the difference. You cannot prove a bona fide relationship. You can demonstrate and provide evidence of the existence of one but to prove would require someone being able to see into your thoughts, which isn't possible. 

 

Anyway, back to your question. Such things do happen (and I was still legally married but separated when I met my husband but we did not meet on a dating site or such - it was a random encounter where neither of us was looking for a partner) but there is no clear answer. Each case is different and USCIS will look at the whole picture, a variety of factors, in order to make a decision. They will look at the timeframe, the nationality of the beneficiary, the nationality of the former spouse (I was asked that very question at my interview), the ages of the parties, the length of the marriage, and many other things. Whilst being legally married when you meet your new spouse will not on its own cause a denial, it can be a contributing factor if there are other issues. Hence a variety of evidence is needed. 

Edited April 11, 2017 by JFH

[Usagi_tsukino 89]

I don't even know what to tell you, but i'll just let you know that my husband (the petitioner) was separated when we were dating, he officially got divorced when we were together. He lived at a different address too, of course. My story is in my signature. I personally do not think it's relevant, also they never said anything about it, and according to the lawyer his previous marriage is not relevant either, but who knows. Our marriage is bona fine and even considering his previous marriage and any possible questions i cannot believe how ridiculous they are to us.

Of course we used everything we have since the beginning of our relationship, photos, plane tickets, etc, even though he was still legally married. In fact, believe it or not, they wanted more proof of our relationship from long time ago, from when he was still married. For example, we didn't put him on the lease right away (I'm not k-1, i was in US already), but we still said that that he moved in with me when he actually did. We put him on the lease a few months later. We submitted that lease, that was sighed a year before we got married. But they are asking "how come you didn't have a lease from that short period 2 years before the wedding if you claimed that you lived together?" Completely nuts. So we had to explain that it was not urgent to add him to the lease and get affidavits from friends and family about when we started living together (when he was still married to another person).

Edited April 11, 2017 by banana_princess

[CantThinkOfOne 22]

Thank you all, one tends to go crazy when our SO aren't with us to keep us busy ,  too much time for thinking, and overthinking. It was just a random thought and figured I could ask before going the immigration path and such little things ending bitin us in the ... Thank you again