Confused

[tmrosario 68]

On March 2017 I got married in the Dominican Republic and started the cr1 process for my husband shortly after. Long story short we were a little more than half way through the process ( A case number was assigned and I got an email stating to start paying the fees to continue). We ended up breaking up and leaving the process alone ( so I didn’t respond to the email) and haven’t been in contact since. I am still married and I am currently looking into getting a Divorce. My family is from the Dominican Republic and we vacation there quite often. And you guessed it. I currently like someone else and we have been talking for quite sometime. This time I do not want to get married right away and again it seems like we really like eachother. I was wondering if my previous relationship/marriage will get in the way of my current boyfriend getting his visa if we go the fiancé route. ( trying to take my time). The reason being is he has already been denied when he petitioned for a vida and we feel in this is our best route. Will the fact that I started this process and never finished work against me or in my favor? I know no one is an expert but hoping someone can shed some light on this! Thanks. 

[Roel 7,192]

1. Divorce first. You cannot file any kind of paperwork for a new boyfriend without divorce paperwork in HAND. So example - you cannot send out i129F until you're fully divorce, can't send it out in the middle of divorce, etc.

2. Yes, you should call USCIS and officially cancel your petition and make sure it's fully withdrawn. This should be obvious.

3. Yes, your new case might case additional scrutiny.

[Unlockable 7,314]

3 hours ago, tmrosario said:

On March 2017 I got married in the Dominican Republic and started the cr1 process for my husband shortly after. Long story short we were a little more than half way through the process ( A case number was assigned and I got an email stating to start paying the fees to continue). We ended up breaking up and leaving the process alone ( so I didn’t respond to the email) and haven’t been in contact since. I am still married and I am currently looking into getting a Divorce. My family is from the Dominican Republic and we vacation there quite often. And you guessed it. I currently like someone else and we have been talking for quite sometime. This time I do not want to get married right away and again it seems like we really like eachother. I was wondering if my previous relationship/marriage will get in the way of my current boyfriend getting his visa if we go the fiancé route. ( trying to take my time). The reason being is he has already been denied when he petitioned for a vida and we feel in this is our best route. Will the fact that I started this process and never finished work against me or in my favor? I know no one is an expert but hoping someone can shed some light on this! Thanks. 

Yes, it most certainly will since you are still married. Like @Roel stated, the first thing you should do is complete your divorce. In fact, you should not be doing anything immigration related with the current bf until your marriage is legally terminated. 

 

You must also contact the embassy and officially cancel the petition. Simply "not responding" will not make it go away. Technically, it is still active. 

 

Fortunately, the time it takes for you to finalize your divorce will give you time to get to know the new bf better.

 

What visa was your bf previously denied? 

[tmrosario 68]

4 hours ago, NuestraUnion said:

Yes, it most certainly will since you are still married. Like @Roel stated, the first thing you should do is complete your divorce. In fact, you should not be doing anything immigration related with the current bf until your marriage is legally terminated. 

 

You must also contact the embassy and officially cancel the petition. Simply "not responding" will not make it go away. Technically, it is still active. 

 

Fortunately, the time it takes for you to finalize your divorce will give you time to get to know the new bf better.

 

What visa was your bf previously denied? 

Currently! I am currently working on my divorce and was also told that i have to wait 6 months if I wish to get married again in the Dominican Republic. So anything with immigration is not happening anytime soon. I’m really trying to take my time with this but the money going into the trips Can take a toll on the both of us. I was applying for the cr1 visa I believe. He wasn’t denied just stopped doing it. Thanks for the tip to call the embassy is there anyway you can guide me in the right direction ? Where do I call ? Thank you! This time I would like to go into the finance visa. 

[Unlockable 7,314]

27 minutes ago, tmrosario said:

Currently! I am currently working on my divorce and was also told that i have to wait 6 months if I wish to get married again in the Dominican Republic. So anything with immigration is not happening anytime soon. 

Glad that you understand this.

 

28 minutes ago, tmrosario said:

 I’m really trying to take my time with this but the money going into the trips Can take a toll on the both of us.

Yes, the financial aspect of immigration has affected many people. Totally understandable.

 

29 minutes ago, tmrosario said:

I was applying for the cr1 visa I believe. 

31 minutes ago, tmrosario said:

This time I would like to go into the finance visa.

 

If you sent in a petition then  it could still be open. You may still get scrutiny whether it is a fiance or spousal visa for your current bf. 

 

32 minutes ago, tmrosario said:

He wasn’t denied just stopped doing it.

If your bf has had a previous visa then it is possible it may be active also. We have seen cases where and immigrant's fiance visa or spousal visa get denied because they had a previous visa that was never closed. How long ago was his visa case? And exactly which type visa was it?

 

Again, the "just stopped doing it" approach can come back to bite him. An immigrant visa can still be "on record" for a long time, even if there is no recent activity by the applicants.

 

36 minutes ago, tmrosario said:

Thanks for the tip to call the embassy is there anyway you can guide me in the right direction ? Where do I call ?

You should write the embassy in Santo Domingo stating that you would like to withdraw the petition and explain that you are going through a divorce. You should be sure to include your case numbers and as much information about the petition as possible.

[tmrosario 68]

1 hour ago, NuestraUnion said:

Glad that you understand this.

 

Yes, the financial aspect of immigration has affected many people. Totally understandable.

 

If you sent in a petition then  it could still be open. You may still get scrutiny whether it is a fiance or spousal visa for your current bf. 

 

If your bf has had a previous visa then it is possible it may be active also. We have seen cases where and immigrant's fiance visa or spousal visa get denied because they had a previous visa that was never closed. How long ago was his visa case? And exactly which type visa was it?

 

Again, the "just stopped doing it" approach can come back to bite him. An immigrant visa can still be "on record" for a long time, even if there is no recent activity by the applicants.

 

You should write the embassy in Santo Domingo stating that you would like to withdraw the petition and explain that you are going through a divorce. You should be sure to include your case numbers and as much information about the petition as possible.

First I would like to thank you for being so forthcoming with information I really appreciate it. Well after the email I received asking for the 2 payments in December I haven’t heard anything since. My current husband doesn’t have interest in coming into the United States at least anytime soon but I will definitely be taking your advise and look into canceling it. I just felt that maybe if I start a whole new process they may fine it a little off. My current boyfriend and I discussed him applying for a tourist visa initially but have been really discouraged with the feedback because he doesn’t have much that points to him not permanently staying in the United States if a tourist visa gets approved. 

[Catherine36 6]

Hola,

 

After reading posts, I agree with posters above me: 1st complete divorce process and DO NOT start anything else immigration related. Use this time, as you said, to get to know each other. 

 

As for him applying for a tourist Visa, although lately they SD consulate seems to be handing them out like candy, if, as you say, he doesnt have much to show that he needs to return to DR, then dont even bother to go for it and have that blemish on the record. 

 

In looking ahead to 2 years from now when you're beginning this K1 process, consider NOT mentioning you met and started your courtship while you were still married with a pending/stuck CR1 (just my opinion).

 

Best wishes,

 

Catherine [otra Dominicana]

[Roel 7,192]

50 minutes ago, Catherine36 said:

 

 

In looking ahead to 2 years from now when you're beginning this K1 process, consider NOT mentioning you met and started your courtship while you were still married with a pending/stuck CR1 (just my opinion).

 

Best wishes,

 

Catherine [otra Dominicana]

She has to explain how and when they met, lying about it can result in lifetime ban for her boyfriend. Horrible advice. 

[tmrosario 68]

On 8/23/2018 at 11:32 AM, NuestraUnion said:

Glad that you understand this.

 

Yes, the financial aspect of immigration has affected many people. Totally understandable.

 

If you sent in a petition then  it could still be open. You may still get scrutiny whether it is a fiance or spousal visa for your current bf. 

 

If your bf has had a previous visa then it is possible it may be active also. We have seen cases where and immigrant's fiance visa or spousal visa get denied because they had a previous visa that was never closed. How long ago was his visa case? And exactly which type visa was it?

 

Again, the "just stopped doing it" approach can come back to bite him. An immigrant visa can still be "on record" for a long time, even if there is no recent activity by the applicants.

 

You should write the embassy in Santo Domingo stating that you would like to withdraw the petition and explain that you are going through a divorce. You should be sure to include your case numbers and as much information about the petition as possible.

Thank you so much for all your feedback. I have already contacted the NVC to close the current petition I have and i am currently waiting to hear back. I am also working with a divorce lawyer in the Dominican republic to finalize this for me. After all that is finish lets see where it all goes! 

[tmrosario 68]

Okay so I am back! Fast forward a few months, we are currently in the middle of my divorce we were able to agree on everything and it should be smooth sailing. I also emailed the NVC and they stated that “This petition is currently undergoing necessary administrative processing. You will be notified with further instructions when the processing is complete”. Like you guys have stated we are just taking it on step at a time. And are opening our first bank account together and I made a trip in October and have one planned for this next month. Hopefully this will help. Just wondering how long after my divorce should I wait to try again with my current boyfriend the fiancé route. Thank you. 

[tmrosario 68]

On 8/23/2018 at 6:00 AM, NuestraUnion said:

Yes, it most certainly will since you are still married. Like @Roel stated, the first thing you should do is complete your divorce. In fact, you should not be doing anything immigration related with the current bf until your marriage is legally terminated. 

 

You must also contact the embassy and officially cancel the petition. Simply "not responding" will not make it go away. Technically, it is still active. 

 

Fortunately, the time it takes for you to finalize your divorce will give you time to get to know the new bf better.

 

What visa was your bf previously denied? 

Hey sorry for the late response. My current boyfriend was denied for his tourist visa while he was a minor. My divorce is in the works and already emailed NVC to cancel the first visa process. Just don’t know how long I should wait before trying again and if the fiancé visa vs marriage visa is the way to go. Thanks for your time