What can I expect from my K1 application?

[RBrwnusmc]

Hello, I divorced my exwife. The final hearing was on April 11, 2005. I asked my lawyer's office, the date I would be legally divorced from my exwife. I was told April 12,2005. and the divorce would become final, 30 day from my final hearing. That they were using April 12,2005 on all the paperwork of the divorce. July 2005, I told my lawyer's Office that I needed an non-spouse ( bachelordom ) certificate. And I needed a final date of the divorce for the certificate, Again they told me April12,2005. I took the certificate to my lawyers office and they checked it and told me that everything was true and inorder. then notarize it. On 26 July 2005 I went to china, Married on the 27 july 2005 and returned to file the K3 application. I got another lawyer to help me with the application. And got the paperwork ready for the filing.

I went back to my divorce lawyer's to get a copy of my final divorce to find that they do not have it. To make a long story shorter, They had to make an other copy. and send to the Judge for him to sign on a 5 day rule because the other lawyer would not sign off. the Judge signed and put into records in NOV. My application for K3 visa was rejected because we were not legally married because of the dates. My application was changed from the K3 to a K1. And then refiled filed.

Can anyone please tell me what problems I am looking at with this application. And how I may overcome these problems.

 

I received a notice today that My PETITION FOR FIANCE(E)

was approved 2 May, 2006

Edited May 3, 2006 by RBrwnusmc (see edit history)

[Randy W]

You may have a problem if she's married and you're not. What I mean is if the marriage is legally recorded in China.

 

You are blazing new territory here. God luck and let us know how it goes.

 

I suggest NOT using any pictures from your wedding.

[LeeFisher3]

You will need to get the marriage in China removed somehow since your single certificate was not valid. As Randy said you are in uncharted territory.

 

Your SO will not be able to get a single certificate in China to meet the requirements of the K-1 without something being done and the sooner the better.

 

I don't require the specifics of the single certificate but if the record of her being married shows up as as a previous marriage that ended after the filing of the K-1 you could have all sorts of problems. The overlapping dates would be considered fraudulent.

 

I'd suggest you and your SO get together on this and see if you can get it completely removed from her records. You may need to get a Chinese lawyer to work out the details and it may cost a bit of money.

[david_dawei]

I think your doing the right thing... getting the information yourself is the best defense. The divorce date MUST be the FINAL date... not sure how a lawyer filling for an immigrant visa could not know this.. but that's the past... Some have reported problems using lawyers, so you want to stay informed.

 

You can look here at the FAQs, and start with the Visa FAQ to see some comments and links:

http://candleforlove.com/forums/index.php?showtopic=11293

 

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The K1 is faster than the K3 anyway, so that might be the one spot of good news you'll get with the change.

 

Let us know which service center you filed through and we can comment more specifically on the last few people through that center and the expected times... but 8-9 months is probably an average right now, if no delays occur (namechecks).

 

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You'll get a receipt notice (your lawyer might be getting it, so figure out if he or you get anything in the mail), called NOA1.

 

Then you'll get an approval notice called NOA2, you want to keep this in a safe place.

 

Then the file goes to NVC (National Visa Center) for about 10 days and then ships to Guangzhou. About 45 days later you'll get in their computer;

 

Maybe a 1-2 months later get P3 docs sent to your SO... she fills them out and returns them ASAP.

 

Then about 1-2 months later she gets P4 telling her of the interview date (about 40 days out) and has many forms... she goes to get a medical exam prior to the interview...

 

Stay in touch here, and you'll find lots of info and friends...

 

Welcome to CFL !

[Guest pushbrk]

You may have a problem if she's married and you're not. What I mean is if the marriage is legally recorded in China.

 

You are blazing new territory here. God luck and let us know how it goes.

 

I suggest NOT using any pictures from your wedding.

212015[/snapback]

K1 seems like a Catch 22. To be successful, the Chinese SO must prove she is single. Yours would be hard pressed to do that.

 

I'm editing later because I see there were several responses while I was drafting mine and you've indicated you have your NOA2 approval.

 

My recommendations below assume that you actually WERE divorced and eligible to marry when you married in China. This is not totally clear to me from what you've written but it appears your divorce was final May 12th, not April 12, 2005.

 

Don't make any rash decisions but you do not actually have very much time before NVC ships your case to Guangzhou. What I would seriously consider doing is to Notify NVC to "Withdraw" your K1 case. Then get the correct papers proving your actual final divorce decree was granted BEFORE you got married. Then file the right papers for the CR1 and K3.

 

Why withdraw your case, you ask. Because K1 is a fiance visa and you don't have a fiance. You have a wife. You don't qualify for a K1. It will be rejected at the Consulate because your "wife" is married. The approval dated today is based on facts that cannot be supported on your SO's end. That won't be checked until she is asked to provide proof she is single. When she can't, if they determine one of you has lied, it is possible she will be permanently barred from the USA. Do NOT let THAT happen. Withdraw the case before it can.

 

 

Now, if I'm wrong in my assumption and you actually were NOT divorced when you got married in China, I think you are wise to withdraw your case anyway, clear up the paperwork and then start over by marrying again in China or filing a K1.

Edited May 3, 2006 by pushbrk (see edit history)

[Randy W]

I think this has to be number 1 on our list of Top Ten reasons to NOT hire a lawyer.

 

I hope it turns out for the better, but if your K1 is also rejected because of the marriage, you may have some serious problems.

 

Again, good luck to you both.

[m-coon]

Perhaps now is the time for you to hire the attorney (named KING) that everybody here on CFL says is so good?

I don't know his contact info but I am sure you will get it here from the older members.

[LeeFisher3]

While the with-drawl idea is a good one there is one catch, a USC is only allowed to submit 1 petition for K-1 within a 12 month period.

 

Due to the date issue on the divorce and the recent approval of the K-1 petition, the only way to move forward without additional delay is to get rid of the invalid marriage in China. It must be removed from the books or she can't get a single certificate for her interview.

 

This can only be done in China, since that is where the marriage took place. As the marriage was not legal at the time she doesn't need to deal with showing why the marriage ended.

 

Be very aware that the USCIS knows of the situation of the failed I-130 filing and there will more than likely be a note in the K-1 file. While your SO is getting the marriage removed, you should get a letter from your divorce attorney explaining the issue and that it was a paperwork issue in the US and you were not aware of the issue. The attorney needs to word it in such a way to demonstrate that you were not attempting to violate any laws or commit any type of visa fraud, it was just a screw up on their end.

 

You might not need it, but if you have something available to explain the circumstances it might make life much easier if the question comes up.

[Guest pushbrk]

While the with-drawl idea is a good one there is one catch, a USC is only allowed to submit 1 petition for K-1 within a 12 month period.

 

Due to the date issue on the divorce and the recent approval of the  K-1 petition, the only way to move forward without additional delay is to get rid of the invalid marriage in China. It must be removed from the books or she can't get a single certificate for her interview.

 

This can only be done in China, since that is where the marriage took place. As the marriage was not legal at the time she doesn't need to deal with showing why the marriage ended.

 

Be very aware that the USCIS knows of the situation of the failed I-130 filing and there will more than likely be a note in the K-1 file. While your SO is getting the marriage removed, you should get a letter from your divorce attorney explaining the issue and that it was a paperwork issue in the US and you were not aware of the issue. The attorney needs to word it in such a way to demonstrate that you were not attempting to violate any laws or commit any type of visa fraud, it was just a screw up on their end.

 

You might not need it, but if you have something available to explain the circumstances it might make life much easier if the question comes up.

212099[/snapback]

If you determine you actually were NOT divorced when you registered your marriage in China, then I like Lee's suggestion in total.

 

However, what needs to be cleared up in your own head is whether you were actually divorced when you got married in China. If you were, the marriage is valid and you need to get the correct paperwork, withdraw the K1 and file a new I-130 with the proper papers. In that case, a letter from your attorney explaining as Lee suggested is a good idea.

 

What you seem to have said is that you WERE divorced but the attorney didn't have a copy of the papers when you needed them. If what actually happened is the attorney failed to get the divorce finalized than that's a different story. This needs to be clear, whichever way you go.

 

What most of us are able to do is to obtain a one page certified copy of a divorce decree from the State where the divorce took place. This document (for my State) doesn't show the terms or settlement, but just the marriage termination date, the judge's signature and a State seal of certification.

 

You need to know the precise date the State recognizes as your marriage termination date and document that.

[RBrwnusmc]

Perhaps now is the time for you to hire the attorney (named KING) that everybody here on CFL says is so good?

I don't know his contact info but I am sure you will get it here from the older members.

212079[/snapback]

Can anyone please tell me contact information for The Attorney name King.

[david_dawei]

See these links:

 

 

http://candleforlove.com/forums/index.php?showtopic=16298

 

 

http://candleforlove.com/forums/index.php?showtopic=9030

[LeeFisher3]

While the with-drawl idea is a good one there is one catch, a USC is only allowed to submit 1 petition for K-1 within a 12 month period.

 

Due to the date issue on the divorce and the recent approval of the0„2 K-1 petition, the only way to move forward without additional delay is to get rid of the invalid marriage in China. It must be removed from the books or she can't get a single certificate for her interview.

 

This can only be done in China, since that is where the marriage took place. As the marriage was not legal at the time she doesn't need to deal with showing why the marriage ended.

 

Be very aware that the USCIS knows of the situation of the failed I-130 filing and there will more than likely be a note in the K-1 file. While your SO is getting the marriage removed, you should get a letter from your divorce attorney explaining the issue and that it was a paperwork issue in the US and you were not aware of the issue. The attorney needs to word it in such a way to demonstrate that you were not attempting to violate any laws or commit any type of visa fraud, it was just a screw up on their end.

 

You might not need it, but if you have something available to explain the circumstances it might make life much easier if the question comes up.

212099[/snapback]

If you determine you actually were NOT divorced when you registered your marriage in China, then I like Lee's suggestion in total.

 

However, what needs to be cleared up in your own head is whether you were actually divorced when you got married in China. If you were, the marriage is valid and you need to get the correct paperwork, withdraw the K1 and file a new I-130 with the proper papers. In that case, a letter from your attorney explaining as Lee suggested is a good idea.

 

What you seem to have said is that you WERE divorced but the attorney didn't have a copy of the papers when you needed them. If what actually happened is the attorney failed to get the divorce finalized than that's a different story. This needs to be clear, whichever way you go.

 

What most of us are able to do is to obtain a one page certified copy of a divorce decree from the State where the divorce took place. This document (for my State) doesn't show the terms or settlement, but just the marriage termination date, the judge's signature and a State seal of certification.

 

You need to know the precise date the State recognizes as your marriage termination date and document that.

212118[/snapback]

USCIS said the marriage in China was not legal because of a date overlap in the divorce and marriage.

[Kalli and Greg Oveson]

You might personally contact the Clerks of both the County and the Court involved to see if there is a copy of the original divorce decree on file. I would expect one to be on file if the divorce was originally granted when your lawyer said it was. A certified copy of that decree from the Clerk will clear everything up. If there is not a copy on file, the lawyer has probably been untruthful and you may have legal recourse. If it looks like he has stuck it to you, perhaps you can return the favor.

[LeeFisher3]

You might personally contact the Clerks of both the County and the Court involved to see if there is a copy of the original divorce decree on file. I would expect one to be on file if the divorce was originally granted when your lawyer said it was. A certified copy of that decree from the Clerk will clear everything up. If there is not a copy on file, the lawyer has probably been untruthful and you may have legal recourse. If it looks like he has stuck it to you, perhaps you can return the favor.

212417[/snapback]

The problem appeared to come up with the attorney giving the standard answer of "it will be finalized xx number of days after xxx". But then that is based on everyone doing their part, the ex's attorney wouldn't sign off and it had to wait 5 days for a judge to sign off.

 

Based on the date given by the attorney, based on the idea of nothing going wrong, there was an overlap in dates. Conventional wisdom would say to wait until you had it in hand, but sometimes emotions cause us to forget to listen to those thoughts.

 

I hate to make this analogy, but it's like trying to sell a car without having the title in hand.

 

But the situation is where it is and the wisest thing to do is remove any barriers from moving forward, once the barriers to success are removed other options can be examined.

[Guest pushbrk]

You might personally contact the Clerks of both the County and the Court involved to see if there is a copy of the original divorce decree on file. I would expect one to be on file if the divorce was originally granted when your lawyer said it was. A certified copy of that decree from the Clerk will clear everything up. If there is not a copy on file, the lawyer has probably been untruthful and you may have legal recourse. If it looks like he has stuck it to you, perhaps you can return the favor.

212417[/snapback]

The problem appeared to come up with the attorney giving the standard answer of "it will be finalized xx number of days after xxx". But then that is based on everyone doing their part, the ex's attorney wouldn't sign off and it had to wait 5 days for a judge to sign off.

 

Based on the date given by the attorney, based on the idea of nothing going wrong, there was an overlap in dates. Conventional wisdom would say to wait until you had it in hand, but sometimes emotions cause us to forget to listen to those thoughts.

 

I hate to make this analogy, but it's like trying to sell a car without having the title in hand.

 

But the situation is where it is and the wisest thing to do is remove any barriers from moving forward, once the barriers to success are removed other options can be examined.

212430[/snapback]

The OP has confirmed by PM that the divorce was not officially final when the marriage took place, so I think this is the prudent advice.