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Filed: IR-1/CR-1 Visa Country: Kenya
Timeline
Posted
15 minutes ago, JFH said:

Is there any reason why she hasn’t divorced yet? If it’s quite clear that the marriage is well and truly over then why not divorce? Do they still share any property or other assets together? The reason I ask is this...if she still has a financial or property link to her husband, visits you, then divorces and applies for a K-1 (or marries you and applies for a CR-1) it’s going to look suspicious that she divorced and then immediately jumped into a relationship that could provide an immigration benefit. 

He moved to a different country and she didn’t see the need (as she wasn’t serious about marrying again). They have no property. They’ve been apart 8 years and she has proof of abandonment which is needed in her country to obtain a divorce. 

  • 2 months later...
Filed: IR-1/CR-1 Visa Country: Kenya
Timeline
Posted
On 10/18/2018 at 5:41 PM, JFH said:

Is there any reason why she hasn’t divorced yet? If it’s quite clear that the marriage is well and truly over then why not divorce? Do they still share any property or other assets together? The reason I ask is this...if she still has a financial or property link to her husband, visits you, then divorces and applies for a K-1 (or marries you and applies for a CR-1) it’s going to look suspicious that she divorced and then immediately jumped into a relationship that could provide an immigration benefit. 

You have to keep in mind in her culture a woman doesn't just divorce a man. There has to be significant reasons. Even then there is no guarantee.  So, since she never thought she would marry someone again it was something that was never given serious thought. We've been together over 10 months, with me living with her in Kenya for 3. We are flexible as well. I can live there. We are not 100% relying on living here in America. However, it is my 1st choice. 

Posted
17 hours ago, Mintosman said:

You have to keep in mind in her culture a woman doesn't just divorce a man. There has to be significant reasons. Even then there is no guarantee.  So, since she never thought she would marry someone again it was something that was never given serious thought. We've been together over 10 months, with me living with her in Kenya for 3. We are flexible as well. I can live there. We are not 100% relying on living here in America. However, it is my 1st choice. 

So it’s culturally unacceptable for her to divorce despite the abandonment but acceptable to live with another man whilst still being legally married to her husband? That sounds odd. Oh well, it is what it is. You said she has proof of abandonment, which is required for the divorce. I understand the difficulties of trying to get divorced when you live in a country that does not permit “no fault” divorce - the UK also does not permit it, there must be a reason for a divorce and a judge has to approve that reason. It therefore took some time for my divorce from my former husband in the UK to be finalized. Essentially you have to ask permission to divorce. Since she has the proof of abandonment, it should be no issue? 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Filed: IR-1/CR-1 Visa Country: Kenya
Timeline
Posted
On 12/29/2018 at 12:30 AM, JFH said:

So it’s culturally unacceptable for her to divorce despite the abandonment but acceptable to live with another man whilst still being legally married to her husband? That sounds odd. Oh well, it is what it is. You said she has proof of abandonment, which is required for the divorce. I understand the difficulties of trying to get divorced when you live in a country that does not permit “no fault” divorce - the UK also does not permit it, there must be a reason for a divorce and a judge has to approve that reason. It therefore took some time for my divorce from my former husband in the UK to be finalized. Essentially you have to ask permission to divorce. Since she has the proof of abandonment, it should be no issue? 

Correct. The attorney see no issues unless the husband wants to create a problem. 

 
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