K-1 Visa / RFE Proof of Divorce

[KJex 1]

I am the petitioner...my fiance is the beneficiary from the UK.  We hired an immigration lawyer last year after a horrible issue with Boundless that set us way back.  I won't go into it because it has nothing to do with this.  Anyway- in 2014, my first husband and I filed and were granted a Mexican divorce because we were both living in the UK and it was the quickest way to get it completed.  I was sent the divorce decree in Spanish and in English.  After the divorce, I met and married a British man.  The UK granted me a spousal visa based on the Mexican divorce which THEY deemed legal.  My "husband" and I lived there as husband and wife for 7 years and then I moved back to the US for work thinking we could just submit a greencard application.  After our lawyer went through all of the paperwork, he advised us that it was very likely, "almost certain" that the US would not consider the Mexican divorce legal especially considering we did it all online and we're present in Mexico.  He advised that I get a divorce from my ex husband in the state I live, re-marry my (what I thought was my husband) and apply for the greencard OR apply for the K-1 and marry once granted.  We chose the K-1 route because it is quicker (or so we were told)  Our lawyer submitted the K-1 application in October 2022.  Over the weekend, we received an RFE for proof of my husband's divorce (TO ME), which of course we don't have.  My lawyer has not gotten back to me yet with anything other than, "I will respond and discuss with you before I submit."  Is this just a matter of explaining as I just did?  I cannot get divorced because the UK sees me as having been married up until last year to my EX and in the UK, they show me as being married to my current partner for 7 years.   I guess the good news is that I have a (very expensive) lawyer, but I'm just worried of the person reviewing our file.  Do you think we are doomed and will be denied? 

[Boiler 45,467]

Ouch, You moved from Boundless to a Lawyer who also seemed clueless.

 

https://travel.state.gov/content/travel/en/international-travel/while-abroad/divorce-abroad.html#:~:text=Will a foreign divorce be,be heard within these proceedings.

 

Will a foreign divorce be recognized in the United States?

• A foreign judgment of divorce generally is recognized in a state in the United States on the basis of legal reciprocity where both parties had notice of the divorce proceeding and an opportunity to be heard within these proceedings. Marriage and divorce generally are considered matters reserved to the states rather than to the federal government.
• Specific questions regarding the validity of foreign divorces in particular states in the United States should be referred to the office of the Attorney General of the state in question.  It may be necessary  to retain the services of a private attorney if the office of the state Attorney General does not provide such assistance to private citizens.

I can not tell if your divorce was legal, you certainly imply, suggest there may be issues.

 

K1 is very rarely a good option, there are some specific circumstance where it might but not here, you could be too married for a K but not married enough for a IR1.

 

Also you could have looked at the super quick DCF process if speed was of the essence.

 

The first port of call is to see if that Mexican divorce was valid.

[Timona 4,207]

Time to fire that expensive lawyer.

[IWander 589]

I believe the lawer's "solution" is a much bigger scam than the Mexican divorce thst isn't.

[SalishSea 17,819]

What a huge mess.  This won’t be simple, cheap or fast to fix.   May take years.

 

I think you need to re-do the divorce that was done in Mexico.   I agree that the USCIS/DOS will not recognize it as legal, as neither of you resides in the jurisdiction of the court that granted it.   I have seen this many times before.

 

Then you’ll need to remarry current partner and petition for a spousal visa.

 

Unfortunately, it’s irrelevant of whether the UK recognized that divorce, as US law counts for US immigration. 

[SalishSea 17,819]

32 minutes ago, IWander said:

I believe the lawer's "solution" is a much bigger scam than the Mexican divorce thst isn't.

To be fair, the option OP chose was the second of two offered.

[IWander 589]

55 minutes ago, SalishSea said:

To be fair, the option OP chose was the second of two offered.

Doesn't change the fact that the  "solution" being suggested was a big hot mess 

[garebear397 69]

Yeah as others have said you most likely need to re-do the whole thing, get a more legitamate divorce to your Ex, and then apply for a spouse visa (through I-130). The K-1 should have never been an option. 

 

The K-1 isn't much faster, and creates headaches once the non US citizen is in the US. Also K-1s will be denied for any kind of marraige, including religious ceremonies that have no "legality", let alone an actual marriage in the UK where you even got a spousal visa from. This is why they are asking for a divorce from your current UK husband, because you can't do K-1 if you are any kind of married. 

[hobie1115 0]

Wow...this is a messy situation. I also have a divorce decree issue for a Visa that was refused, but mine isn't as complex as yours. I was divorced 18 years ago, but didn't think to provide that document to my fiance in the Philippines. Either way, the Embassy person not only wanted proof that I divorced 18 years ago, but they wanted an original document. Luckily, my ex-wife still lives in the state we were divorced, so she got the documents and mailed it to the PI...once they get it, we'll be approved. 

 

That being said, I agree with others that say you might need to get properly divorced from your first husband and apply for the spousal Visa. Don't be surprised if it still causes issues along the way...but at least you'll have the official divorce. On top of the process taking time, everything has to look right and anyone who reviews your case will look for something like this to deny the Visa.  I have a sense you're in for a long ride...but stay patient.

[IWander 589]

18 minutes ago, hobie1115 said:

Wow...this is a messy situation. I also have a divorce decree issue for a Visa that was refused, but mine isn't as complex as yours. I was divorced 18 years ago, but didn't think to provide that document to my fiance in the Philippines. Either way, the Embassy person not only wanted proof that I divorced 18 years ago, but they wanted an original document. Luckily, my ex-wife still lives in the state we were divorced, so she got the documents and mailed it to the PI...once they get it, we'll be approved. 

 

That being said, I agree with others that say you might need to get properly divorced from your first husband and apply for the spousal Visa. Don't be surprised if it still causes issues along the way...but at least you'll have the official divorce. On top of the process taking time, everything has to look right and anyone who reviews your case will look for something like this to deny the Visa.  I have a sense you're in for a long ride...but stay patient.

Just out of curiosity, did you not already provide a copy of the divorce decree in the original petition?

[KJex 1]

So, I have no idea how to reply to each responder (this is like a forum from 1995!)  Anyway:

 

1)  My first husband and I got a LEGAL divorce last year 2022 after my lawyer suggested our first Mexican divorce was invalid and just to be safe.  This documentation was submitted with the K-1 application.

2)  After some research since the RFE, we have established that the Mexican divorce is in fact invalid.  See Mexican Embassy Guidance.  My first husband and I were never residents in Mexico nor were we in Mexico when the decree was issued.  It was all done online.

3)  The UK, when contacted regarding my partner's marital status, of course saw that he is listed as married as THEIR government allowed me a spousal visa when I lived there.  We submitted a lengthy explanation for all of this with the K-1, but the RFE is demanding proof that my partner is legally permitted to marry.  

4)  An annulment is allowed as proof that the marriage is null/void and in FL where I live, this takes about 30-45 days.  

 

I'm hoping this resolves the issues and satisfies their requirements.  Who knows?  Maybe I will end up in jail for bigamy.  Only time will tell.

[Boiler 45,467]

3) The UK would not know your Partners marital status, they do not know mine. They would have records of marriages and divorces filed in the UK. 

 

Probably easier to marry and file a I 130. This sort of complication does not normally apply to UK cases but with such a screwed up backstory it seems the exception.

 

Please let us know what the Lawyer suggests.

[SalishSea 17,819]

Oh whoops, I must have misread and didn’t realize that you’d already redone the original Mexican divorce.

 

Yeah, I can’t see how you can satisfy the requirement of showing that you’re both legally able to marry, as your marriage to the UK husband was obviously legal.

 

Which one are you thinking of annulling?   If the first marriage, the dates would still be problematic.

 

I think you’ll have to divorce and remarry the same person in order to satisfy USCIS, and then file for a spousal visa.   Legal ability to marry and legal (non-bigamist) marriages are non-negotiable.

[W199 333]

4 hours ago, KJex said:

So, I have no idea how to reply to each responder (this is like a forum from 1995!)  Anyway:

 

1)  My first husband and I got a LEGAL divorce last year 2022 after my lawyer suggested our first Mexican divorce was invalid and just to be safe.  This documentation was submitted with the K-1 application.

2)  After some research since the RFE, we have established that the Mexican divorce is in fact invalid.  See Mexican Embassy Guidance.  My first husband and I were never residents in Mexico nor were we in Mexico when the decree was issued.  It was all done online.

3)  The UK, when contacted regarding my partner's marital status, of course saw that he is listed as married as THEIR government allowed me a spousal visa when I lived there.  We submitted a lengthy explanation for all of this with the K-1, but the RFE is demanding proof that my partner is legally permitted to marry.  

4)  An annulment is allowed as proof that the marriage is null/void and in FL where I live, this takes about 30-45 days.  

 

I'm hoping this resolves the issues and satisfies their requirements.  Who knows?  Maybe I will end up in jail for bigamy.  Only time will tell.

 Since you legally divorced your 1st husband after you married your 2nd husband, your 2nd marriage is not valid.  That is a common and valid legal reason for getting an annulment so that should be easy.  Just get a divorce lawyer to represent both of you in court to make it easier for the judge and you.   Then with the annulment you can reply to the RFE. You better hurry because the RFE response time limit will run out soon ... 

[KJex 1]

Thank you, W199!  This is exactly what we're doing.  An annulment in FL takes 30-45 days and I filed today.  We have until 1/8/24 to respond.