Divorced Petitioner

[amforever 46]

We filed our k1 visa yesterday. A friend of mine used to work for a local immigration lawyer, he went over our paperwork and said everything looked good. He did question me a bit on my previous marriage. I met my fiance while I was still married, but became divorced 3 weeks later. I told my friend that my fiance knows everything about why I got divorced. He said they may question him during the interview process. Has this happened to anyone in where the petitioner was a divorcee?

Edited May 24, 2018 by amforever
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[Ben&Zian 4,398]

12 minutes ago, amforever said:

We filed our k1 visa yesterday. A friend of mine used to work for a local immigration lawyer, he went over our paperwork and said everything looked good. He did question me a bit on my previous marriage. I met my fiance while I was still married, but became divorced 3 weeks later. I told my friend that my fiance knows everything about why I got divorced. He said they may question him during the interview process. Has this happened to anyone in where the petitioner was a divorcee?

 

This is relatively common actually. A lot of people on here that I have seen have petitioned for K-1, or even remarried to file for CR-1 visas, but were dating the person while still technically married. Only after the divorce was finalized did they file/re-marry. Divorce can be short and simple or long term and messy and each couple is different. So it isn't unheard of for a divorce to drag on for 1-2 years. During that time they may be dating other people. It happens.

[amforever 46]

Thank you for the response! Love those ducks!

[x_driven_x 1,778]

32 minutes ago, amforever said:

We filed our k1 visa yesterday. A friend of mine used to work for a local immigration lawyer, he went over our paperwork and said everything looked good. He did question me a bit on my previous marriage. I met my fiance while I was still married, but became divorced 3 weeks later. I told my friend that my fiance knows everything about why I got divorced. He said they may question him during the interview process. Has this happened to anyone in where the petitioner was a divorcee?

I think it's possible they will ask about it during the interview and gauge the response.

 

It's not meeting that would be the problem, I think if you got engaged and started to file even before being divorced it might raise some red flags... but as it is, I'd expect just a question about it and it will be no problem.

[StuBear65 68]

I was going through my divorce when I met my current wife, my divorce took forever and we were eventually married 23 days after my divorce was final.

 

I had my interview last week and all the asked was if I had been married before, and how the previous marriage ended.

 

They saw my original decree absolute.

 

You have nothing to worry about.

[agrabs 241]

It won't be a problem.  Make sure you keep your original divorce decree handy, as you will have to submit copies of the entire decree  during every step of the immigration process. K1, AOS, ROC and N400.  I was so happy to finally file it away for safe keeping once my husband became a citizen!

[Wuozopo 4,293]

22 hours ago, amforever said:

We filed our k1 visa yesterday. A friend of mine used to work for a local immigration lawyer, he went over our paperwork and said everything looked good. He did question me a bit on my previous marriage. I met my fiance while I was still married, but became divorced 3 weeks later. I told my friend that my fiance knows everything about why I got divorced. He said they may question him during the interview process. Has this happened to anyone in where the petitioner was a divorcee?

Not an issue for me.  

The USCIS (petition) and Dept of State (visa interview) are not there to evaluate your relationship morals so to speak. They are only looking to see that you were free to marry (divorced) when you filed. I guarantee London will not ask you to explain if you were cheating on your spouse with the new fiancé. 

[JMCKNG 156]

18 minutes ago, Wuozopo said:

Not an issue for me.  

The USCIS (petition) and Dept of State (visa interview) are not there to evaluate your relationship morals so to speak. They are only looking to see that you were free to marry (divorced) when you filed. I guarantee London will not ask you to explain if you were cheating on your spouse with the new fiancé. 

I as well met my fiance while I was legally still married but going through a separation where I was moving back into my parents. We didn't get engaged for around 5 months after my divorce was legalized, but the divorce took around a year after I was separated to go through the courts so I agree with the other comments. As long as when you filed, you were legally able to marry I would say they have no interest on the logistics of how everything happened up until that point. Divorce is sadly so common these days

[Paul & Mallory 1,398]

As long as you have your divorce decree, you will be fine. My fiancé was married before and that's all they asked to look at during his interview.