Opinions on whether I have a chance of getting approved

[Kaykay2019 5]

Hello VJ members,

I am finally ready to file the K1 visa for my fiancé after much sadness with me not being able to visit for a second time. I met him last year in my country but I was still married to my ex-husband so we didn’t really spend much time. We only have about three pictures together and one with him and my sister. I bought my ticket to visit him this past April but as we are all aware my trip got cancelled. I feel that I have enough to file, but I am concerned that I don’t have much time spent before filing k1. I have heard that individuals who have gone through previous filings are scrutinize more than the first timers, and I did filed an AOS for my ex-husband. I have the ticket that I bought for my canceled April trip, proof of my last trip including one boarding pass I randomly found while gathering my evidence 🤣, a bank  statement of me withdrawing money during my last visit in Sierra Leone. I also have conversations with my fiancé siblings where mentions about us were made. From what I have mentioned , do I have enough or should I wait to visit him again before filing to have more time spent? Thanks for your assistance in advance 🙏🏽.

[JFH 12,190]

*~*~*moved from “general discussion” to “K-1 fiancé visa process and procedures”*~*~*

I would definitely recommend more visits (plural - not just one more) for a sub-Saharan Africa consulate. You are dealing with an area that is very difficult in terms of visa approvals. 
 

What is the deal with the ex-husband? Where was he from? How long were you married and when did you divorce? 

Edited June 7, 2020 by JFH

[Kaykay2019 5]

1 hour ago, JFH said:

*~*~*moved from “general discussion” to “K-1 fiancé visa process and procedures”*~*~*

I would definitely recommend more visits (plural - not just one more) for a sub-Saharan Africa consulate. You are dealing with an area that is very difficult in terms of visa approvals. 
 

What is the deal with the ex-husband? Where was he from? How long were you married and when did you divorce? 

Really??even with my intentions and proof of a second visit that didn’t happen due to COVID-19? I definitely have plans of a second visit before the interview stage if I file now and we get approved. Unfortunately for me a lot of my folks don’t participate in VJ, so I have little to no information about the visa process at my consulate. 
 

My ex husband and I were married for a little over four miserable years for me, because I loved him but not much reciprocation on his part and I thought sticking around would make things work.  He is from West Africa, Ghana, we met and got married while he was on a student visa completing his doctorate. We file AOS and he got his green card. We got divorce September 2019 shortly after returning from my country and meeting my now fiancé in June 2019. 

Edited June 7, 2020 by Kaykay2019

[EricLT 29]

You can still visit him after you file. It's actually better because you're not just meeting him for the purpose of fulfilling the requirement. 

[Kaykay2019 5]

13 hours ago, EricLT said:

You can still visit him after you file. It's actually better because you're not just meeting him for the purpose of fulfilling the requirement. 

Thank you, I thought as much. I have plans of front loading the application with call logs and texts, communications between him and I and also with his siblings. Hopefully with all that they can see that we are in a bonafide relationship despite the length of time.

[Allaboutwaiting 2,503]

You mention you met him while you were still married; I assume that was the only time you were together. 

This could bring even more scrutiny from the adjudicator, so it would be better to delay things in order to gather more substancial evidence -like meeting in person again-.

Regarding the advice of meeting after filing, it is useful for the second part of the process -the K1 visa interview-, but wouldn't help at all in the approval of the initial petition -the I-129f-.

 

Your other choice is planning a wedding for the next meeting and filing for a CR1 visa.

[Kaykay2019 5]

3 hours ago, Allaboutwaiting said:

You mention you met him while you were still married; I assume that was the only time you were together. 

This could bring even more scrutiny from the adjudicator, so it would be better to delay things in order to gather more substancial evidence -like meeting in person again-.

Regarding the advice of meeting after filing, it is useful for the second part of the process -the K1 visa interview-, but wouldn't help at all in the approval of the initial petition -the I-129f-.

 

Your other choice is planning a wedding for the next meeting and filing for a CR1 visa.

Thank you for the advice, I will take it into consideration. I am just wondering when we will be able to see each other again with the current situation we are in. 

[Allaboutwaiting 2,503]

21 minutes ago, Kaykay2019 said:

Thank you for the advice, I will take it into consideration. I am just wondering when we will be able to see each other again with the current situation we are in. 

Many countries are already resuming activities and opening for travelers, so it won't be too long before you're able to visit your fiancé again, which will be beneficial for the petition of course, but most of all, for you both to know each other on a deeper level. 

[SteveInBostonI130 3,453]

Normally the only requirement is having met once within the last two years.  However, your situation will be different because you will put June 2019 as your meeting date and then September 2019 as your divorce date.  This, combined with you sponsoring the green card for your ex-husband, may lead USCIS to question the validity of your relationship. 

[Villanelle 4,122]

Question- on your divorce papers it should say the date you separated. (this is different from the date filed sometimes). Example the divorce papers can be filed in March 2020, and they will say couple separated Jan 2020 and divorce final June 2020. So what do yours say? When were they filed and what was the date of separation and the final decree date? 

 

Technically the requirement for the K visa is showing you met with in the last 2 years. But in order to be approved you need to show its a valid relationship (and not for immigration purposes). Many people date after separating but before a final divorce decree. But you need to step back and look at all the dates on a timeline and see how they fall. Also when did your ex get his greencard in relation to the divorce dates? 

[Kaykay2019 5]

10 hours ago, Villanelle said:

Question- on your divorce papers it should say the date you separated. (this is different from the date filed sometimes). Example the divorce papers can be filed in March 2020, and they will say couple separated Jan 2020 and divorce final June 2020. So what do yours say? When were they filed and what was the date of separation and the final decree date? 

 

Technically the requirement for the K visa is showing you met with in the last 2 years. But in order to be approved you need to show its a valid relationship (and not for immigration purposes). Many people date after separating but before a final divorce decree. But you need to step back and look at all the dates on a timeline and see how they fall. Also when did your ex get his greencard in relation to the divorce dates? 

Hello, thanks for your input, the divorce was filed after I returned back from my country. My ex-husband and I had issues during the most part of our marriage and had even separated at the beginning of the marriage. I had asked him for a divorce, but he convinced me that he will do better so we continued with the marriage. The breaking point was when my ex-husband didn’t call me during the duration of my trip in my country which was 30 days, we only talked when I would call him. I came to the conclusion at that time that I will file for a divorce upon my return. Shortly there after I met my now fiancé. I filed for the divorce after returning to the US on 07/23/19 and it was finalized on 09/12/19. 

My ex-husband obtained his conditional green card early 2015 and regular green card beginning of 2018. And we had just submitted the N-400 a month before I left for my trip to my country June 15th. 

[Orangesapples 1,954]

45 minutes ago, Kaykay2019 said:

Hello, thanks for your input, the divorce was filed after I returned back from my country. My ex-husband and I had issues during the most part of our marriage and had even separated at the beginning of the marriage. I had asked him for a divorce, but he convinced me that he will do better so we continued with the marriage. The breaking point was when my ex-husband didn’t call me during the duration of my trip in my country which was 30 days, we only talked when I would call him. I came to the conclusion at that time that I will file for a divorce upon my return. Shortly there after I met my now fiancé. I filed for the divorce after returning to the US on 07/23/19 and it was finalized on 09/12/19. 

My ex-husband obtained his conditional green card early 2015 and regular green card beginning of 2018. And we had just submitted the N-400 a month before I left for my trip to my country June 15th. 

Are you from Sierra Leone as well? Same culture and ethnicity as your fiancé? 

[Kaykay2019 5]

30 minutes ago, Orangesapples said:

Are you from Sierra Leone as well? Same culture and ethnicity as your fiancé? 

Yes I am from Sierra Leone same as my now fiancé, same tribe and religion. My ex husband is from West Africa, Ghana. 

Edited June 8, 2020 by Kaykay2019

[Orangesapples 1,954]

29 minutes ago, Kaykay2019 said:

Yes I am from Sierra Leone same as my now fiancé, same tribe and religion. My ex husband is from West Africa, Ghana. 

That will definitely be in your favor. But don't rush it still. 

[Villanelle 4,122]

I agree that is in your favor but what is not is the 'meeting' of your current fiance occurring while you were still married. Again many people date when separated but your divorce papers don't seem to say you were separated when you met. 

 

Have you spent any time together as a couple? If not I suggest you do not only for immigration but for yourself. Make sure this is not a rebound. You might have rushed into the first marriage, don't rush into a second one.