Filing K-1 Visa, NOIR 1-130 from previous marriage

[sy2005 0]

Hi everyone, I have a question about filing a K-1 Visa. Recently, my divorce was finalized and legally recongized in the U.S. I have a NOIR ( Notice of intent to revoke) from my 1-130 petition made back in 2019. My ex wife is Vietnamese and current fiance is also the same nationally. Would this cause a problem? 

[powerpuff 6,746]

Yes, it might. 
 

Why was the I-130 denied?

[sy2005 0]

1 minute ago, powerpuff said:

Yes, it might. 
 

Why was the I-130 denied?

Not enough evidence to be to considered a bona-fide marriage. I got this notice back in 2021 and just this week I got the NOIR notice in my Uscis account. 

[powerpuff 6,746]

Just now, sy2005 said:

Not enough evidence to be to considered a bona-fide marriage. I got this notice back in 2021 and just this week I got the NOIR notice in my Uscis account. 

We see a lot of denials for Vietnam here. It’s considered a high fraud country. I don’t recommend filing for K1; I’d go with CR1 instead. However, whatever path you choose, you need to spend significant time in person with your fiancé to overcome another denial. I would even seriously consider moving there, especially that you have a previous denial for the reason that the consulate didn’t believe your marriage was bona fide (i.e., they thought it’s only to gain an immigration benefit). 

[sy2005 0]

On 6/7/2024 at 8:41 AM, powerpuff said:

We see a lot of denials for Vietnam here. It’s considered a high fraud country. I don’t recommend filing for K1; I’d go with CR1 instead. However, whatever path you choose, you need to spend significant time in person with your fiancé to overcome another denial. I would even seriously consider moving there, especially that you have a previous denial for the reason that the consulate didn’t believe your marriage was bona fide (i.e., they thought it’s only to gain an immigration benefit). 

Thanks, this is something I would need to consider before filing the K-1 petition. I have another question, do both countries need to recognize the divorce before I could do that or just the US?