Prior I-129F and Divorce
Jul 21st 2004, 7:01 am
#1
Guest
Posts: n/a
Prior I-129F and Divorce
Hi,
A few questions:
1) My fiancee had previously married (to another guy) a US Citizen in
2002, applied for K1 Visa, came to the US and got married in the US
within the stipulated 90 days. However, the marriage collapsed in a
month and she went back to her family in India, filed and obtained a
divorce in India. Her ex-husband never filed for anything else.
Nothing ever was submitted by her ex-husband to BCIS for getting the
K1 Visa to be changed to a Conditional Green Card, etc.
2) Now, I am getting ready to file I-129F for her and am wondering if
the prior K1 will be a restriction for getting a K1 Visa now.
Ofcourse, we will be submitting the divorce decree she got in an
Indian court along with the I-129F. Would the divorce she got in an
Indian Court be invalid in the US since her marriage took place in the
US?
3) She is now actually living/working on a Work Permit in the UK. Does
she have to go to the US Consulate in India for her K1/interview or
can she go to the US Consulate in London?
Thanks.
Jake
A few questions:
1) My fiancee had previously married (to another guy) a US Citizen in
2002, applied for K1 Visa, came to the US and got married in the US
within the stipulated 90 days. However, the marriage collapsed in a
month and she went back to her family in India, filed and obtained a
divorce in India. Her ex-husband never filed for anything else.
Nothing ever was submitted by her ex-husband to BCIS for getting the
K1 Visa to be changed to a Conditional Green Card, etc.
2) Now, I am getting ready to file I-129F for her and am wondering if
the prior K1 will be a restriction for getting a K1 Visa now.
Ofcourse, we will be submitting the divorce decree she got in an
Indian court along with the I-129F. Would the divorce she got in an
Indian Court be invalid in the US since her marriage took place in the
US?
3) She is now actually living/working on a Work Permit in the UK. Does
she have to go to the US Consulate in India for her K1/interview or
can she go to the US Consulate in London?
Thanks.
Jake
Jul 21st 2004, 9:23 am
#2
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: Prior I-129F and Divorce
Originally posted by Jake
I am getting ready to file I-129F for her and am wondering if the prior K1 will be a restriction for getting a K1 Visa now.
I am getting ready to file I-129F for her and am wondering if the prior K1 will be a restriction for getting a K1 Visa now.
Ian
Jul 22nd 2004, 8:41 am
#3
Guest
Posts: n/a
Re: Prior I-129F and Divorce
I don't know if the court in India has the power to dissolve the
marriage since they weren't joined there in the first place.
You should first investigate and check with the court system where
they were if the dissolution abroad is valid here.
With regards to the previous filing thing, I'm in a similar position.
My wife from the DR was sponsored for K-1 last year before the guy
told him to leave. We met and after several findings she had to leave
before the expiration of the 90 days. To cut the long story short, I
went to her country and did the court marriage earlier this year and
we did the church marriage in Africa last month. I-130 has been
approved, k-3 is still slow as hell.
There's no rule that says you can't file another petition, but if I
were you, I would go the k-3 route, 1. So they don't give you
unecessary delays, 2. It shows a stronger bond.
When filing, make sure you're well organized so that they can easily
see what they requested. You might even write a cover letter about the
contents you submitted. Give overwhelming evidence to quell even the
slightest suspicion. It saved me all the RFE crap at least on the
1-130 and it was approved within 5 months.
Good luck man
marriage since they weren't joined there in the first place.
You should first investigate and check with the court system where
they were if the dissolution abroad is valid here.
With regards to the previous filing thing, I'm in a similar position.
My wife from the DR was sponsored for K-1 last year before the guy
told him to leave. We met and after several findings she had to leave
before the expiration of the 90 days. To cut the long story short, I
went to her country and did the court marriage earlier this year and
we did the church marriage in Africa last month. I-130 has been
approved, k-3 is still slow as hell.
There's no rule that says you can't file another petition, but if I
were you, I would go the k-3 route, 1. So they don't give you
unecessary delays, 2. It shows a stronger bond.
When filing, make sure you're well organized so that they can easily
see what they requested. You might even write a cover letter about the
contents you submitted. Give overwhelming evidence to quell even the
slightest suspicion. It saved me all the RFE crap at least on the
1-130 and it was approved within 5 months.
Good luck man
