Should I get a lawyer to help with my specific case?

[Eddy91 0]

I'll try to be brief and provide what I think are important details.

 

- i have 0 criminal history and i'm a US citizen

 

- my ex wife had a tourist visa but we got married in chile, she never proceeded to do aby papers of residentcy here.

 

- i decided to get divorced here in the U.S in new york state, and the divorce went through with my ex-wife's signature.

 

- i have a foreign fiancé now from colombia and we are deciding between F1 or spouse visa (we'll get married overseas if we decide on spouse we know this )

 

- my ex wife hasn't finalized the divorce in chile because she says hiring a lawyer is too expensive for the translation in the supreme court so she started a seperate divorce procedure for a family court which would take like a year from now to finish

 

- i contacted an immigration lawyer to explain to them the situation with the divorce, she said I cannot remarry or do any fiancé or spouse visa until the divorce is finalized in chile even though i'm cleared in the U.S again with my ex-wife's signature.

 

- i then contacted the lawyer i hired for the divorce, she said the previous lawyer was wrong and you only get 1 divorce for an uncontested case like mine with no children to argue over. She said i can go ahead and do whatever i wanted with my life because i'm legally single and the divorce date is on top of anything anyone including my ex-wife would do.

 

Is it advisable I fully hire an immigration lawyer to look at my case before filing? Or take the advice from one of them two?

 

Bonus question: i saw on the USCIS page that a K-3  visa would take roughly about the same time as a k-1 to process and it wouldnt affect the green card process. Is the K-3 viable for a couple whose spouse doesn't have a tourist visa due to interview timing?

[carmel34 3,633]

This is a DIY site, and from what you have posted, you do not need an attorney.  They take lots of your money and often make costly mistakes and cause delays, because the staff who are actually doing work on your behalf are not attorneys.  If you can carefully read forms and instructions, know how to use a computer, and pay attention to detail, you will be better off doing it yourself.  I recommend that you continue to visit your girlfriend and save all the evidence of those trips (original boarding passes, passport stamps, hotel receipts, a few photos of the two of you together).  After her divorce is finalized, get married in Colombia and file an I-130 petition for a spousal visa.  The process is taking between 1 and 2 years right now, about the same time as a K-1 fiancée visa.  A spousal visa is far superior, as she can work, get a driver's license, and leave the US to travel home for a visit, immediately upon entry.  The K-3 is dead.  Some file for a K-3 after filing the I-130 hoping that it will move things along faster, but in reality it does nothing for most.  Attorneys are only needed for cases that are complicated, yours is straightforward.  If she can get another tourist visa, she can try to visit you in the US for short visits, even get married in the US after her divorce is final, then return to Colombia to wait out the process.  Entry to the US for visitors is always at the discretion of the CBP officers, and she should always be completely honest when questioned about the purpose of her visit.  Read the guides here on VJ and then ask questions as needed.  An F-1 is a non-immigrant visa, so it would be unlikely she would be approved as she has immigrant intent with a boyfriend in the US.  Good luck!

Edited January 29, 2022 by carmel34

[Eddy91 0]

11 minutes ago, carmel34 said:

This is a DIY site, and from what you have posted, you do not need an attorney.  They take lots of your money and often make costly mistakes and cause delays, because the staff who are actually doing work on your behalf are not attorneys.  If you can carefully read forms and instructions, know how to use a computer, and pay attention to detail, you will be better off doing it yourself.  I recommend that you continue to visit your girlfriend and save all the evidence of those trips (original boarding passes, passport stamps, hotel receipts, a few photos of the two of you together).  After her divorce is finalized, get married in Colombia and file an I-130 petition for a spousal visa.  The process is taking between 1 and 2 years right now, about the same time as a K-1 fiancée visa.  A spousal visa is far superior, as she can work, get a driver's license, and leave the US to travel home for a visit, immediately upon entry.  The K-3 is dead.  Some file for a K-3 after filing the I-130 hoping that it will move things along faster, but in reality it does nothing for most.  Attorneys are only needed for cases that are complicated, yours is straightforward.  If she has a current tourist visa, she can try to visit you in the US for short visits, even get married in the US after her divorce is final, then return to Colombia to wait out the process.  Entry to the US for visitors is always at the discretion of the CBP officers, and she should always be completely honest when questioned about the purpose of her visit.  Read the guides here on VJ and then ask questions as needed.  An F-1 is a non-immigrant visa, so it would be unlikely she would be approved as she has immigrant intent with a boyfriend in the US.  Good luck!

Thank you for the detailed reply. The only thing that may have been confusing is that my fiance has never been married, i was and im now divorced. My fiancé is from colombia and my ex-wife from chile. So as it goes

 

- im divorced i got married in chile but divorced in new york

- fiancé is single and is from colombia

- exWife hasnt finalized the divorce papers in chile.

 

Would my exWife taking her sweet time to update the status in an unrelated country affect me if i want to apply for a visa for my future wife? The divorce lawyer said i can legally marry in the US but i dont know how it affects visas.

 

also my fiancé doesnt currently have a toursit visa so she can't visit at all. Can se apply for both the spousal and tourist visa at the same time? I do want to close the gap between us while we would wait for the long GC process.

 

Thank you for your time replying.

Edited January 29, 2022 by Eddy91

[arken 4,197]

If you have the divorce decree from NY, you can petition your fiance or marry and petition for your spouse per US law. 
 

[arken 4,197]

24 minutes ago, Eddy91 said:

The divorce lawyer said i can legally marry in the US but i dont know how it affects visas.

You can marry anywhere in the world not just in the US as long as the country allows. 

[Eddy91 0]

36 minutes ago, arken said:

If you have the divorce decree from NY, you can petition your fiance or marry and petition for your spouse per US law. 
 

Thank you for the confirmation.

[JeanneAdil 6,510]

you follow US law and 1st lawyer was wrong

[SalishSea 17,833]

4 hours ago, Eddy91 said:

Thank you for the detailed reply. The only thing that may have been confusing is that my fiance has never been married, i was and im now divorced. My fiancé is from colombia and my ex-wife from chile. So as it goes

 

- im divorced i got married in chile but divorced in new york

- fiancé is single and is from colombia

- exWife hasnt finalized the divorce papers in chile.

 

Would my exWife taking her sweet time to update the status in an unrelated country affect me if i want to apply for a visa for my future wife? The divorce lawyer said i can legally marry in the US but i dont know how it affects visas.

 

also my fiancé doesnt currently have a toursit visa so she can't visit at all. Can se apply for both the spousal and tourist visa at the same time? I do want to close the gap between us while we would wait for the long GC process.

 

Thank you for your time replying.

Your fiancee can certainly apply for a B visa, but there are no guarantees.

 

The fiance/spousal visa process will take around two years from start to finish.

[pushbrk 12,892]

11 hours ago, Eddy91 said:

Thank you for the detailed reply. The only thing that may have been confusing is that my fiance has never been married, i was and im now divorced. My fiancé is from colombia and my ex-wife from chile. So as it goes

 

- im divorced i got married in chile but divorced in new york

- fiancé is single and is from colombia

- exWife hasnt finalized the divorce papers in chile.

 

Would my exWife taking her sweet time to update the status in an unrelated country affect me if i want to apply for a visa for my future wife? The divorce lawyer said i can legally marry in the US but i dont know how it affects visas.

 

also my fiancé doesnt currently have a toursit visa so she can't visit at all. Can se apply for both the spousal and tourist visa at the same time? I do want to close the gap between us while we would wait for the long GC process.

 

Thank you for your time replying.

Your divorce attorney is correct.  If you have a final divorce decree from the State of New York, you are free to marry.  Not sure what your ex needs with a Chile divorce but that has nothing to do with what you need.  You are divorced, period.

 

Your then spouse can apply for a tourist visa but it is unlikely it will be granted.  Better to apply BEFORE you marry, but she still may not get it.  By starting a spouse visa process, or simply marrying a US Citizen, she is deemed correctly to have immigrant intent.  People with immigrant intent are only granted non-immigrant visas in very special circumstances, that do not include simply the convenience of visiting their spouse.  Expect to do all the visit travel yourself, until she gets the spouse visa.  Spouse visas are CR1 and IR1.  F1 is a student visa.

[Cathi 5,752]

Why would you need a divorce in Chile if you're already divorced in the US? Answer: You don't,  A divorce is a divorce.

[Dsam 1]

On 1/30/2022 at 4:45 AM, pushbrk said:

Your divorce attorney is correct.  If you have a final divorce decree from the State of New York, you are free to marry.  Not sure what your ex needs with a Chile divorce but that has nothing to do with what you need.  You are divorced, period.

 

Your then spouse can apply for a tourist visa but it is unlikely it will be granted.  Better to apply BEFORE you marry, but she still may not get it.  By starting a spouse visa process, or simply marrying a US Citizen, she is deemed correctly to have immigrant intent.  People with immigrant intent are only granted non-immigrant visas in very special circumstances, that do not include simply the convenience of visiting their spouse.  Expect to do all the visit travel yourself, until she gets the spouse visa.  Spouse visas are CR1 and IR1.  F1 is a student visa.

Forgive me if I may ask , but marrying just immediately after a divorce like in her case wouldn’t that cause red flags or would that cause problems at petitioning or nvc stage ?

[pushbrk 12,892]

8 hours ago, Dsam said:

Forgive me if I may ask , but marrying just immediately after a divorce like in her case wouldn’t that cause red flags or would that cause problems at petitioning or nvc stage ?

That alone, is a "red flag" but not a big one.  A red flag does not mean a denial.  Sometimes it just means a few extra seconds of "consideration" of the rest of the relationship evidence in the file by USCIS and a Consular Officer, but not NVC.

[Dsam 1]

5 hours ago, pushbrk said:

That alone, is a "red flag" but not a big one.  A red flag does not mean a denial.  Sometimes it just means a few extra seconds of "consideration" of the rest of the relationship evidence in the file by USCIS and a Consular Officer, but not NVC.

Thank you , So if nvc denies a spouse visa case after uscis approves petition , what does the beneficiary do ??

[pushbrk 12,892]

9 minutes ago, Dsam said:

Thank you , So if nvc denies a spouse visa case after uscis approves petition , what does the beneficiary do ??

NVC doesn't issue or deny visas.  They can stop a case from going forward, until satisfactory documents are submitted.

[Dsam 1]

On 2/13/2022 at 7:43 AM, pushbrk said:

NVC doesn't issue or deny visas.  They can stop a case from going forward, until satisfactory documents are submitted.

Forgive me if I may ask again - but the NVC - isn’t that the consular section in the country where the beneficiary does their interview?. If one is denied at the consular/embassy  stage, is the petition sent back to uscis to start all over again in case of spousal visas??