Opinions on whether I have a chance of getting approved

[Limey 551]

15 hours ago, SteveInBostonI130 said:

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. 

I don't think meeting while married is a problem.

 

I met my wife while she was still married - divorce takes a long time in our state (you need to prove separation for at least a year, then go through the legal process). We filed for k1 soon after her divorce was finalized, but by that time we'd been together over a year - so our first meeting date was around 15 months before the date on her divorce certificate. Didn't cause any issues, was never questioned.

 

I agree that having filed for one husband already it may attract more scrutiny.

[Limey 551]

2 hours ago, Villanelle said:

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. 

 

Trust me, that isn't an issue.

 

As I've posted above, we met in the UK while my now wife was still (unhappily) married. She separated soon afterwards, and I visited her in the US a few months after that. Its not an issue with USCIS. It has no bearing on whether the meeting in person requirement is fulfilled, and no bearing on whether the relationship is real or not (in many ways, it tends to suggest its more real - if you were going to make up a history, you'd probably not use such dates).

USCIS requires that you're legally able to get married at the point you file the k1, not at the point you first meet your partner.

Edited June 8, 2020 by Limey

[geowrian 22,337]

10 minutes ago, Limey said:

Trust me, that isn't an issue.

 

As I've posted above, we met in the UK while my now wife was still (unhappily) married. She separated soon afterwards, and I visited her in the US a few months after that. Its not an issue with USCIS. It has no bearing on whether the meeting in person requirement is fulfilled, and no bearing on whether the relationship is real or not (in many ways, it tends to suggest its more real - if you were going to make up a history, you'd probably not use such dates).

USCIS requires that you're legally able to get married at the point you file the k1, not at the point you first meet your partner.

I wouldn't quite go that far...just because it was not an issue in your case does not mean it won't be an issue in somebody else's case. Specifics matter. Timing matters.

 

It is not a reason for denial of the petition.

it is not a sole reason for refusal of the visa. It can be a consideration by the CO if the relationship is genuine.

[Kaykay2019 5]

2 hours ago, Limey said:

Trust me, that isn't an issue.

 

As I've posted above, we met in the UK while my now wife was still (unhappily) married. She separated soon afterwards, and I visited her in the US a few months after that. Its not an issue with USCIS. It has no bearing on whether the meeting in person requirement is fulfilled, and no bearing on whether the relationship is real or not (in many ways, it tends to suggest its more real - if you were going to make up a history, you'd probably not use such dates).

USCIS requires that you're legally able to get married at the point you file the k1, not at the point you first meet your partner.

Thanks a lot for your input! 

[Kaykay2019 5]

2 hours ago, geowrian said:

I wouldn't quite go that far...just because it was not an issue in your case does not mean it won't be an issue in somebody else's case. Specifics matter. Timing matters.

 

It is not a reason for denial of the petition.

it is not a sole reason for refusal of the visa. It can be a consideration by the CO if the relationship is genuine.

Thanks for your input, I will definitely take it into consideration. 

[Kaykay2019 5]

3 hours ago, Kaykay2019 said:

Thanks for your input, I will definitely take it into consideration. 

Thank you all for your input which has aided in the decision we are going to take. My fiancé and I have made the decision that I will visit him again before filing for the k1 visa. We are not going the spouse route because it takes long, and there are no guarantees of him getting a visa to visit me here in the US. I appreciate each and everyone of you for your help 😊! 

[Limey 551]

20 hours ago, geowrian said:

I wouldn't quite go that far...just because it was not an issue in your case does not mean it won't be an issue in somebody else's case. Specifics matter. Timing matters.

 

It is not a reason for denial of the petition.

it is not a sole reason for refusal of the visa. It can be a consideration by the CO if the relationship is genuine.

Have you seen any cases where it was an issue that the parties had met while married? Genuine question, I don't recall seeing any here. Short courtship does appear to be an issue (ie getting engaged right after divorce), and that's why its important to be honest about date of first meeting even if it shows that it was while still married (its important to be honest at all times anyway, of course).

 

That said, having already sponsored someone for a k1 or other immigration visa is going to lead to more scrutiny, and OP is in a higher fraud area too - for that reason more facetime is a good idea.

[geowrian 22,337]

20 minutes ago, Limey said:

Have you seen any cases where it was an issue that the parties had met while married? Genuine question, I don't recall seeing any here. Short courtship does appear to be an issue (ie getting engaged right after divorce), and that's why its important to be honest about date of first meeting even if it shows that it was while still married (its important to be honest at all times anyway, of course).

 

That said, having already sponsored someone for a k1 or other immigration visa is going to lead to more scrutiny, and OP is in a higher fraud area too - for that reason more facetime is a good idea.

Yes, I have seen where an overlap in timeframes was specified on a NOIR as part of the reason (a NOIR generally lists a set of points for reaching that conclusion) that a visa was refused and the petition is intending to be revoked. I specified a NOIR as USCIS historically has not put very much scrutiny in I-130s and tends to let the CO make that call, at least initially, so that's what I can recall seeing offhand.

 

I'm not saying it's a sole reason for denial in any way. I'm saying it can be one factor in the decision.

Having a strong case is the best way to address it. 👍