Prior K1 case

[SAMBOLAK 0]

I have a prior K1 with my ex. We've been married for about a year and now divorced.  We've been divorced 4 months now.  I met my current fiancé and want to bring him to the US.  Can I file another K1?  Or how soon can I file another K1. 

[geowrian 22,337]

If the divorce is final, then you can file at any time. If she was your only past beneficiary, then you file normally. Otherwise, you'll need to request a multiple filer waiver when you file.

 

As for if it is wise to do so or not...that depends on your evidence of your relationship that you can demonstrate. The past marriage may be brought up so your fiance needs to know about it, and a quick divorce + petition could raise scrutiny of the relationship. Be sure to provide plenty of relationship evidence. Time spent together in person is the best evidence you can show.

Edited June 18, 2018 by geowrian

[Dave_and_Jessa 212]

I'm a multiple filer and from experience short marriages and short periods of time from divorce to filing will be red flags.  Doesn't mean you can't still get approved, but it doesn't look good.  

[Chris Duffy 1,257]

14 hours ago, h&y said:

I would not recommend filing for a K1 with only a 4 month divorce window behind you. If the relationship is genuine, deal with the distance, make numerous trips and get to know each other more before filing. They'll think you just want to bring people to the US.

Not Really

 

Only need to prove you met within 2 years, and both were eligible for marriage

 

No need to start making numerous trips

 

Can you show me in the I-129F instructions where it says you need to make numerous trips?

 

 

 

 

Edited June 19, 2018 by Chris Duffy

[Chris Duffy 1,257]

21 minutes ago, h&y said:

Common sense isn't listed under instructions.

you get married and divorced on a K1 and then meet someone else on a K1 and within 4 months of a divorce you want to get married again and don't think the CO will think it's suspicious? 

Numerous trips means you want to see the person and not rush into things. It'll look better. It's not mandatory but two k1s and one divorce doesn't look good and won't look good during an interview. They have a sheet in front of them and "engaged too soon after previous divorce" is on it so they'll check it off and start off with a red flag already

So you have actually experienced this? Or you are just speculating?

 

How many K1's have you filed?  How many have been approved?

[Chris Duffy 1,257]

56 minutes ago, h&y said:

Still going through a K1 Visa. (Currently back at the NVC stage under AP and praying to be reaffirmed.)It's my first one. I do have a divorce behind me though and unfortunately the CO didn't even ask for ANY documents during my now fiancés interview. He just saw that my divorce was in june and we filed for a K1 in september. (I was legally separated for one year 3 months prior to the divorce but I guess when you want nothing to do with someone- you don't file right away because being away and not dealing with life was just easier at the time.) the CO didn't care about any of that and I don't even have multiple K1s. 

I have done 3 K1's.   My last one was approved in 30 days, and interview was 5 questions, never once anything was brought up about my prior K1's

 

Only thing I had to do different on  the last one was for a waiver for multi filer, but it zipped thru with no issues

 

To me there are two steps, one is the K1 Visa approval and step 2 is the actual issuance of the K1 visa after interview.

[JMCKNG 156]

3 hours ago, h&y said:

Common sense isn't listed under instructions.

you get married and divorced on a K1 and then meet someone else on a K1 and within 4 months of a divorce you want to get married again and don't think the CO will think it's suspicious? 

Numerous trips means you want to see the person and not rush into things. It'll look better. It's not mandatory but two k1s and one divorce doesn't look good and won't look good during an interview. They have a sheet in front of them and "engaged too soon after previous divorce" is on it so they'll check it off and start off with a red flag already

How do you know about what sheet they use during the interview?

[JMCKNG 156]

55 minutes ago, h&y said:

http://graphics8.nytimes.com/packages/pdf/nyregion/USCIS_Fraud_Referral_Sheet.pdf

 

here is an idea of one. there are others. all similar though.

Yeah that one looks like it was dated from almost 9 years ago.. Unfortunately, these days divorce rates are almost over more prevalent than marriages that stay together which is very sad.. I'm sure a CO sees that all the time. Not only do COs see that all the time, but court commissioners, pastors, or any officiant that will be marrying a person who was already married. Maybe if it was within the same month or so after the divorce was finalized but some divorces take quite some time to finalize but the person has been separated for quite some time before. 

58 minutes ago, h&y said:

http://graphics8.nytimes.com/packages/pdf/nyregion/USCIS_Fraud_Referral_Sheet.pdf

 

here is an idea of one. there are others. all similar though.

Are you currently filing the I-130 then? Based off your timeline?

[JMCKNG 156]

3 minutes ago, h&y said:

I deleted my K1 timeline. My NOA1 was 9/6, my NOA2 was 3/21/18 - Interview 5/15 - I flew to Morocco just to be let down. It was the worst flight home I ever had. I rather be denied than sit here and wonder. I know a lot of people say when the petition is sent back it just goes to die but I think a lot of people just let it die... I'm persistent just about every single day the consulate, the NVC, USCIS, government officials, they all hear from me. I was even told that I could get an extension but I'm not sure I want one. We are waiting until the expiration gets a little closer to make a decision if we are going the CR1 route. We personally don't want to. I rather just move there and get married and my residency in Morocco. He's on board as well. We were hoping to get married in front of 79 year old grandmother who can't get on a flight but it seems, she'll only see it via Skype. Maybe our story was too much for the officer, don't really know.

 

I was going to Spain (wanted to see a barcelona game and was considering moving there to teach english. Glad I didn't because I absolutely disliked Barcelona city..) and met someone from Morocco there. I ended up meeting my now fiance through a dating app that I paid for just to look at people in Morocco. I went to Spain for a week and then flew to Morocco. We agreed if we spent a few weeks together and really enjoyed each others company that I'd quit my then job and stay a bit longer. I stayed 3 months. Came home for a bit and flew back for another 3 months. Followed by a trip in October, November, January and May. Thousands of dollars spent.... to end up back where we started.

I agree that would be intensely hard and difficult as this process is already difficult but it sounds like you at least have spent a lot of time with one another. Where do you think as if the story was too much for the officer? Was there anything that stood out to your fiance during the interview that made him think they were unsure?

 

I met my fiance actually in Israel and then over the past 2 years have been flying back and forth from Spain to USA, probably each of us have 5 trips we have made on our own totaling around 10 trips so yes it definitely does get expensive. 

[JMCKNG 156]

7 minutes ago, h&y said:

At least your country gives you the opportunity to visit the USA. My fiance won't even attempt a Tourist visa as they just don't approve them. Your ties to Morocco have to be so significant that even a place of employment isn't enough to prove ties that you'd come back. 

 

I just think the officer didn't understand why I went to Spain and how I ended up in Morocco for 6 months. Not really sure. If I keep thinking about it, I'll make myself crazy. I just wish that since the officer didn't understand, why didn't he keep asking questions? He didn't want to see photos, bank statements, employment information, conversations, literally nothing. I'm sure for you, you're fine. You've made visits to the USA and that's a huge plus. Again, we don't want to attempt a tourist visa because we just already know the answer and don't want a record of denied visas. I also don't want to just get married and jump into a CR1. I rather just go there and spend a few years living/working/spending time and consider an IR-1 at that point. We always wanted to come back to Morocco to open a Riad in Marrakech anyway - guess we'll just start sooner lol 

Wow yes that would be very hard, something that countries without high fraud should never take for granted. I'm the USC actually and he's the one living in Spain. We both have I believe the same amount of trips traveled to each other's country every 2 months so that I believe is a plus. I couldn't imagine the amount of stress you have with that situation, but at least you have spent a lot of time with your fiance and have a back up option with being in Morocco, which can make the difficulties seem like you do have some end in site type of ordeal. 

[geowrian 22,337]

6 hours ago, JMCKNG said:

Yeah that one looks like it was dated from almost 9 years ago.. Unfortunately, these days divorce rates are almost over more prevalent than marriages that stay together which is very sad..

Yeah it's outdated, but the real issue is that it is from USCIS (part of DHS). COs fall under the DOS, and use the FAM for their guidelines. USCIS memos and policies don't have any bearing, although there is the possibility for overlap and using one as a primary source for their own guidelines.

 

US divorce rates have fallen since that memo was written. We are slowly approaching the level they were prior to no-fault divorces being possible. That event is the single largest contributor to the divorce rate...people had no viable option but to remain married in most cases.