K1 visa with children

[PLT 0]

39 minutes ago, debbiedoo said:

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.

But wouldnt they still want to know about my previous marriage? Or can I explain to them that it was a purely religious ceremony that generates no paperwork and is not registered anywhere? 

 

I've been reading a bit more about CR1 - and it seems like it's a better option than K1 as Id be able to work from the get go. 

[debbiedoo 2,339]

Just now, PLT said:

But wouldnt they still want to know about my previous marriage? Or can I explain to them that it was a purely religious ceremony that generates no paperwork and is not registered anywhere? 

 

I've been reading a bit more about CR1 - and it seems like it's a better option than K1 as Id be able to work from the get go. 

if there is NO paperwork and you are POSITIVE about it, i wouldnt even MENTION it.

 

im not positive, but i think with a CR1 it is assumed you were free to marry so you shouldnt have to prove it. youre married. they just need the wedding certificate.

 

take a look at the required documentation for CR1 and see if its something that is required (divorce decree for previous marriages). if not, no reason to omit it.

[Roel 7,193]

1 hour ago, debbiedoo said:

if there is NO paperwork and you are POSITIVE about it, i wouldnt even MENTION it.

 

im not positive, but i think with a CR1 it is assumed you were free to marry so you shouldnt have to prove it. youre married. they just need the wedding certificate.

 

take a look at the required documentation for CR1 and see if its something that is required (divorce decree for previous marriages). if not, no reason to omit it.

It's too late now. On the official government document she stated that she's divorced and now she will have to provide documents confirming that. Doesn't matter that it was 2 years ago. 

 

Don't think they won't ask avout it. They will. Even with cr1 visa they will demand divorce certificates from previous marriages. If you don't be able to provide it they might accuse you of bigamy. They will not approve your k1 or cr1 without solid proof that you're free to marry. 

 

Honestly? You keep repeating that you actually weren't marry and you actually weren't divorced. So you should have just put single on your ESTA before. There is no way to change that now of course. 

Edited June 5, 2018 by Roel

[debbiedoo 2,339]

15 minutes ago, Roel said:

It's too late now. On the official government document she stated that she's divorced and now she will have to provide documents confirming that. Doesn't matter that it was 2 years ago. 

 

Don't think they won't ask avout it. They will. Even with cr1 visa they will demand divorce certificates from previous marriages. If you don't be able to provide it they might accuse you of bigamy. They will not approve your k1 or cr1 without solid proof that you're free to marry. 

 

Honestly? You keep repeating that you actually weren't marry and you actually weren't divorced. So you should have just put single on your ESTA before. There is no way to change that now of course. 

i wasnt sure. and agree with those last sentences 110%!!!

Edited June 5, 2018 by debbiedoo

[David & Diana R 1,005]

6 hours ago, PLT said:

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.

If you were not "married" then I agree you cannot prove you were divorced.  Assuming you are correct and there was no official marriage then you should not check that you were married.  This of course assumes that your country does not have any laws regarding common-law marriage.

[databit 328]

What did you claim as your marital status to the court when you were granted full custody?

[fip & jim 452]

Regarding taking the children out of the UK - you will need to apply to the court for an order called Leave of Jurisdiction. This is the first step we did as it can take up to six months, especially if you need to trace the children's father. Because of their age their father has parental responsibility. You will be denied entry to the US without this vital piece of paperwork. You cannot take a child out of their birth country without proving it is in their best interests, it is child abduction under international law. Research thoroughly before you commit to a particular visa filing. It doesn't matter if you were married or not regarding this issue. The children have a right to a relationship with both parents & you will need to have either the other parent's consent or the judge will rule in his absence. We filed for this in the UK in June last year, 3 months before filing for K1 & K2, to allow time for the court proceedings in the UK. This is the priority at the beginning. Vaccines & schools come later, once you have approval. "Having custody" does not entitle you to take a child away from their country of birth & relationships they have formed. You will have to prove this in their best interests. You can take a child on holiday for 28 days without the other parent's consent but not emigrate. 

Edited June 6, 2018 by fip & jim

[fip & jim 452]

Which country are you emigrating from? I presumed you were in the UK, my mistake.

You will still need to check the law in your country regarding removing a child from their country. In the EU children are protected under the 1996 Hague Convention. Failure to take the correct measures when removing a child from the jurisdiction of their country is child abduction.  

USCIS are only interested in proof - proof that you are legally entitled to remove the children from their country and proof that you are free to marry, since that is the basis of the K1 and K2 visas. If you cannot prove that you can fulfil the requirements of the visa then you will not be granted one, it's that simple.

Your explanation about your marital status sounds confusing and it will raise questions about your eligibility to marry in the US. You need evidence. 

Edited June 6, 2018 by fip & jim

[little immigrant 801]

Is it not possible to register your divorce with your local court so you have documentation? You'll need it sooner or later. 

[Boiler 46,299]

OP is showing Denmark and I know of no Danish practice that makes sense of any of this.

 

Showing yourself Divorced not only requires evidence of being divorced but the prior marriage.

 

Sounds to me like it is Lawyer time.

[fdhs 9]

My Danish is not so good, but shouldn't getting a "Civilstandsattest" as described here https://www.borger.dk/samfund-og-rettigheder/Folkeregister-og-CPR/Det-Centrale-Personregister-CPR be a good first step? This would show that you are not married (at least legally) in Denmark.  

[Boiler 46,299]

52 minutes ago, fdhs said:

My Danish is not so good, but shouldn't getting a "Civilstandsattest" as described here https://www.borger.dk/samfund-og-rettigheder/Folkeregister-og-CPR/Det-Centrale-Personregister-CPR be a good first step? This would show that you are not married (at least legally) in Denmark.  

Seems like whatever happened did not happen in Denmark, details are unclear.

[fdhs 9]

51 minutes ago, Boiler said:

Seems like whatever happened did not happen in Denmark, details are unclear.

Yes-I was thinking that if the ex-husband (also father of the child?) is also a Danish citizen, this might help (as one piece of evidence) to show that there was no legally binding marriage between them.

 

Otherwise, maybe affidavits from the witnesses at the ceremony explaining what happened (and also that the couple has now divorced)?