Divorce and Remarry: Getting to the US Faster on a K-1 Visa?

[Boiler 45,461]

Also wondering why divorcing would be considered fraud? Stupid, impractical but fraud?

[Jeanne Adil 1,651]

20 hours ago, Barefootek said:

I understand that the idea is extreme, but I, being the one considering it, don't understand the idea being absurd. Going through the BS of adjustment of status does not sound like a bad trade off for getting my wife and newborn daughter to the US 4 months faster. Four months is a long time to miss out of my daughter's life, not to mention that of my wife. I don't know if I would make the choice, but I am curious if it is an option. My concern would be that the K1 visa would be declined because of trying to work the system. 

probably would get you a denial as you are circumventing the system

so,  then what,  expense of going back to marry and an added 12 to 14 months

so, you are willing to make a "maybe " 14 month wait into 2 years????

 

and you don't mention the country but many K1''s are taking as long as a CR1

 

[Unidentified 2,930]

Hypothetically, would a denial for doing this really be realistic? Or would it just lead to a much longer process with a whole bunch of complicated questions? What would the reason for the denial be? I don't think circumventing the system would be it as he would end up spending more time doing the K1 than the CR1 and therefor not benefit from it.  It is not fraud clearly. 

 

It's a very bad idea but I don't see a legit reason for denial unless they mess up and apply before the divorce is final. I am not condoning this idea as it is a bad one, I am just curious why people assume it would be denied and what the actual reason would be. 

[Crazy Cat 41,822]

I don't think this strategy would be seen as fraud......however, from a financial and strategical aspect, I don't think it would achieve the stated goal.....or even worse, it might cause negative and unintended consequences.

[debbiedoo 2,339]

37 minutes ago, Boiler said:

Also wondering why divorcing would be considered fraud? Stupid, impractical but fraud?

an improperly filed petition? this isnt a case of a divorced couple reconciling after a significant time apart (because that happens all the time), this is manipulation of the system, or attempted manipulation, at best 

 

they could divorce sure and file a k1, but the fact they were only divorced for say a couple of weeks and then file for a k1.... you tell me that it doesnt look suspicious and at best could wind up in AP forever and a day. i really dont think they would look kindly on it at all, and would use what they can to hold it up.

[Boiler 45,461]

3 minutes ago, debbiedoo said:

an improperly filed petition? this isnt a case of a divorced couple reconciling after a significant time apart (because that happens all the time), this is manipulation of the system, or attempted manipulation, at best 

 

they could divorce sure and file a k1, but the fact they were only divorced for say a couple of weeks and then file for a k1.... you tell me that it doesnt look suspicious and at best could wind up in AP forever and a day. i really dont think they would look kindly on it at all, and would use what they can to hold it up.

The end goal is the same, they are looking for an immigration benefit I assume legitimately.

[andy78 178]

 

42 minutes ago, debbiedoo said:

an improperly filed petition? this isnt a case of a divorced couple reconciling after a significant time apart (because that happens all the time), this is manipulation of the system, or attempted manipulation, at best 

 

they could divorce sure and file a k1, but the fact they were only divorced for say a couple of weeks and then file for a k1.... you tell me that it doesnt look suspicious and at best could wind up in AP forever and a day. i really dont think they would look kindly on it at all, and would use what they can to hold it up.

Divorce = they don't want to be together.

So, why would he apply for a K1 for someone he just divorced?

When applying for a K1 immediately after divorce, the question is how can they be in a bona fide relationship if they just divorced?  And if the relationship is bona fide, why did they divorce? Doesn't make sense and risky, and could cause delays or worse.

A very suspicious situation if I was reviewing the case.

Not to mention what I said in my earlier comment. If they divorce, there is no guarantee she is going to want to marry him again. Just saying.

 

Op: Don't go backwards unless you are rethinking the relationship.  If you want to be with this person, you are already married. Time to to move forward and CR1. 

 

Edited June 23, 2019 by andy78

[Unidentified 2,930]

10 minutes ago, andy78 said:

 

Divorce = they don't want to be together.

So, why would he apply for a K1 for someone he just divorced?

When applying for a K1 immediately after divorce, the question is how can they be in a bona fide relationship if they just divorced?  And if the relationship is bona fide, why did they divorce? Doesn't make sense and risky, and could cause delays or worse.

A very suspicious situation if I was reviewing the case.

Not to mention what I said in my earlier comment. If they divorce, there is no guarantee she is going to want to marry him again. Just saying.

 

Op: Don't go backwards unless you are rethinking the relationship.  If you want to be with this person, you are already married. Time to to move forward and CR1. 

 

If both of them agree to go that route why wouldn't she want to get re-married? 

[Crazy Cat 41,822]

17 minutes ago, andy78 said:

Divorce = they don't want to be together.

Not necessarily........as in this case......and a letter of intent as fiances would indicate they DO want to be together.

Edited June 23, 2019 by missileman

[payxibka 10,045]

52 minutes ago, debbiedoo said:

an improperly filed petition? this isnt a case of a divorced couple reconciling after a significant time apart (because that happens all the time), this is manipulation of the system, or attempted manipulation, at best 

 

they could divorce sure and file a k1, but the fact they were only divorced for say a couple of weeks and then file for a k1.... you tell me that it doesnt look suspicious and at best could wind up in AP forever and a day. i really dont think they would look kindly on it at all, and would use what they can to hold it up.

Suspicious of what?  Your are putting forth your personal opinion as some form of fact 

[andy78 178]

1 minute ago, Unidentified said:

If both of them agree to go that route why wouldn't she want to get re-married? 

Divorce is an opportunity to reconsider life decisions, even if the plan is to stay with the same person. I am not saying it's a likely scenario, just that it complicates things and leads to more choices/decision making, and there is no 100% guarantees. 

[debbiedoo 2,339]

2 minutes ago, payxibka said:

Suspicious of what?  Your are putting forth your personal opinion as some form of fact 

i didnt say it was a fact. i do say its suspicious and i do believe it would be heavily scrutinized. 

 

i dont care what OP does. its not my immigration case. 

[TBoneTX 45,264]

The OP has received sufficient advice to decide his course.

This thread risks going (or is already) off the rails, so it's now closed to further comment.

Please do not restart or revisit this topic.