K1 visa with children

[PLT 0]

Hi.

I'm new here but have been reading quite a bit.

My fiance lives in Ohio and we want to apply for a K1 visa for me.

I have two children from previous marriage, whom I will take with me. My question is about school for them once we receive the K1. Can they start right away? They're 6 and 8. I can obviously bring their school records and they are both fluent in English. 

 

Also vaccinations; I had all the MMR diseases as a child and the only vaccination I've ever had is tetanus. How do I prove this? 

 

Also my previous marriage was a religious ceremony only - no paperwork and the divorce was verbal only. I have no proof of neither having been married before nor having been divorced - but on my ESTA application I ticked that I was divorced (which I am). How do I get around to prove that? I don't know where my ex-husband is and I haven't spoken with him for 4 years, so I can't get cooperation from him in this matter.

 

I have full custody of both children and I don't need approval to move to a different country. 

 

I truly appreciate your help in this matter. Thank you in advance.

[Roel 7,193]

Evan religious ceremonies have paper trial.

 

You will need to provide divorce paperwork. If your divorce was just you and your ex saying that you're divorced to each other - it's not enough. 

 

If you don't have official divorce then you're not free to marry. You really can't file k1 without any document saying that you're divorced. It will be denied. 

 

Honestly that's the only issue I'd be worried right now. 

[canadian_wife 1,829]

The schooling issue will depend on the county you move to.  Each school district can set their own requirements for non resident children to attend.  I would recommend you contact the county district office to find out what paper work is necessary and if vaccination history is also required.

 

Good luck 

[PLT 0]

@Roel , thank you for your response. There was absolutely no paper trail for our marriage. There were witnesses but not a single piece of paper, no. It was not considered a legal marriage in the country, where we got married either  but only a religious ceremony. That's why I can't prove neither the marriage nor the divorce took place.

Edited June 5, 2018 by PLT

[Roel 7,193]

4 minutes ago, PLT said:

@Roel , thank you for your response. There was absolutely no paper trail for our marriage. There were witnesses but not a single piece of paper, no. It was not considered a legal marriage in the country, where we got married either  but only a religious ceremony. That's why I can't proof neither the marriage nor the divorce.

Ok but - 

USCIS already have in their system that you're "divorced ". It's on you  to prove it now. Sorry. Can't change that now. 

 

Trust me this WILL come up.

It's not the first time this issue pops up on VJ and people were denied by not providing proofs of divorce. 

Edited June 5, 2018 by Roel

[Rocko20 159]

I can’t imagine how one could get both married and divorced without any paperwork 

[PLT 0]

I will have to see what I can do. Thank you for your help.

[PLT 0]

24 minutes ago, canadian_wife said:

The schooling issue will depend on the county you move to.  Each school district can set their own requirements for non resident children to attend.  I would recommend you contact the county district office to find out what paper work is necessary and if vaccination history is also required.

 

Good luck 

Thank you.

I will contact the school when we know how and when and where we'll move to. 

[PLT 0]

7 minutes ago, Rocko20 said:

I can’t imagine how one could get both married and divorced without any paperwork 

It was a religious marriage only where no paperwork is required. It is not a legal marriage in any way or form and even though some places will provide a marriage certificate, the place we got married didn't do that.  

[mymarley 14]

Wish you have check your status first before ticking you are divorce. Now you need to explain this to a consul and you need to provide a certificate that you are single and free to marry. Me and my daighter got here in the US March so we just waited to next school class opening. We took her vaccine record to our public health in our county once the school started to ask about it. By the way my daughter got positive skin test in mycountry so when we got here the public health kept sending us medicine for tb i think for 6 months even her xray was cleared. 

[Sunshineglory 0]

Wow so sorry to hear that, very hard thing to do. My aunt is studying to become a lawyer if you want send me a message 

[Unlockable 7,316]

I have to agree that the divorce issue may be a problem for you. What are you seeking to do? You went through the ceremony and union as a bonafide marriage but you now want to remove any evidence of it. You have two children from that marriage and you have already indicated to immigration that you were married.

[JDY 74]

about the kids there is no problem with that im moving to ohio to hopefully and i call the school my kids would be attending, this you will know by the address you will live in usa. They say there is no problem with them getting there anytime, my poe would be expected in october. they told me there is nothing wrong about it. about divorce i would recommend getting a notary saying legal you have never been married, or free to marry and specify that you have the custody of kids. In my case i dont have a divorced certificate but in the state where i am in mexico, they make a note in the original marriage certificate saying its over. And my case i have a huge case asking for my kids custody that they granted me. We dont know either about his presence in 3 years but i would recommend for your kids safety, to get a legal document saying you do have the full custody. for caution, you never know if he will find out you moved to another country and make you life impossible. good luck! 

 

[debbiedoo 2,339]

all things considered, and the possible ramifications of not being able to provide documentation on a divorce, i would get married then file for a CR1.

 

it avoids bigger problems.

[PLT 0]

I have all the legal documentation that I've got full custody so that is not an issue.

I've never had to prove that I'm divorced before but I always tick the box for divorced - as that's what I am - just not in the eyes of the law. 

It wouldn't be a problem getting a certificate that I'm free to marry and that I've never been legally married - that shouldnt take long to get. Question is if I can explain to the IO - or in the file how my marriage and divorce were processed and no paperwork was generated?

 

I filled out my ESTA almost 2 years ago - before I knew I'd ever move there let alone want to marry someone from that country.