I have a question about K-1 Consular Interviews

[jasal]

Quick look at my history. Married 19 years. We divorced. Stayed single for 5 years after the divorce. Met my future wife on the internet. She was from Uzbekistan. We met in her country and got engaged. I filed the K-1 and 160 days later it approved at Texas Service Center. We went for Embassy Interview at Moscow and got the visa. Came to America, got married within 90 day timeframe. We stayed married for 5 years. During this time she got her Permanent Resident Green Card. She separated from me in September 2005. She moved out of our house and moved in with friends. In October 2005 she filed for divorce. She was still living with her friends. She had a job during our marriage and continues to work at the same job. In February 2006 while our divorce was still being worked by our respective lawyers, I started writing to someone who lives in China. It started out as her asking questions about some information she needed for reports she was writing for a Journalism Course she was taking. She was also getting similar information from other people online. After she and I wrote to each other many times we began to like each other and so we also started to call each other by phone. To make a long story short, we eventually decided to meet each other. My divorce became final in June 2006. I visited her in China in mid July 2007 for 2 weeks. After I came back home we wrote and talked more and after a short while we decided to get engaged. I filed the K-1 visa using the new IMBRA forms and got the N0A1 on 10 August 2006. I sent in a waiver request since this was my second K-1 application. We're still waiting on USCIS to approve or not our K-1 application. I don't see a big issue with CSC approving it since I complied with the IMBRA and gave them every detail of my two divorces and what happened to my K-1 spouse and that divorce. My question is about what will happen when our petition for K-1 reaches Guangzhou. Even though I've been totally honest and supplied all the required information and then some in my initial package to USCIS, my thought is that the Visa Officer "might" disapprove our K-1 visa because I have this previous K-1 application in my records. While in my mind I know that if USCIS at CSC approves the K-1 package then the Consulate at Guangzhou shouldn't question how many K-1's I have had. But my fiancee in China has talked to a couple of women who were recently given white slips at their visa interviews because their American fiancee had a previous K-1 in their history. I know this topic of mine is a bit long and I apologize, but I couldn't find any threads here that covered this. Has anyone heard of fiancees being refused the K-1 visa at the Consulate because their SO had made previous

K-1 applications? Thanks in advance.

[david_dawei]

First off.. I don't see any need for a waiver... you divorced twice, but only said that one of them was a previous K1. You only need a waiver if:

"If the petitioner has filed two or more K-1 visa petitions at any time in the past, or previously had a K-1 visa petition approved within two years prior to the filing of the current petition, the petitioner must request a waiver."

 

I don't see either of the two conditions meeting your situation.. USCIS will now review this waiver you sent. .might cause some delay if they are not sure why you sent it; but maybe their disregard it and say it was unnecessary. Now on to your real question about GUZ.

 

Of course, GUZ is interested in your current relationship per evaluation a bona-fide relationship; but they will also do so in light of previous visa relationships... after all, they want to guard against fradulent applications (those seeking immigration benefits with wrong intentions).

 

Your individual case is more important than another persons case. Do what you can do to make the evidence of the relationship (and the ongoing portion is the most important... meaning, what are you doing during the almost year apart; multiple visits is the best proof IMO).

 

There is not much effort required to sit ones butt down in front of a computer and claim to talk for hours on end; you might do that with a friend... but going to visit her 3-4 times during the process will remove most all doubt, IMO...

[warpedbored]

One thing I wonder about is how the I-864 filed for the ex will bear on the petitioners financial qualifications. Regardless of whether or not divorced the petitioner is legally bound as a guaranteer that the ex will not become a burden of the state. I would also make sure I was prepared to show GZ where the ex is living and have iron clad proof that you are not still sharing domicile. It is not uncommon for a VO to want to make sure that a divorce couple are really separated and not just playing a scam to bring over an alien for money.

[jasal]

One thing I wonder about is how the I-864 filed for the ex will bear on the petitioners financial qualifications. Regardless of whether or not divorced the petitioner is legally bound as a guaranteer that the ex will not become a burden of the state. I would also make sure I was prepared to show GZ where the ex is living and have iron clad proof that you are not still sharing domicile. It is not uncommon for a VO to want to make sure that a divorce couple are really separated and not just playing a scam to bring over an alien for money.

 

 

Warped: You make a good point about the I-864. My ex-wife (the K-1) and I are still friends. I even helped her to file the change of address that had to be sent in when she moved. I kept a copy of it that shows she sent it in with her new address on it. She also changed her SSN to her maiden name, her driver's license to her maiden name and I helped her send in the paperwork to change her Permanent Resident Card from my last name to her maiden name. I went with her last week for the biometrics and she got a mail the other day from immigration saying she would get her new card with her maiden name on it by the end of this month. She wants to file N-400 for Naturalization but she can't until February of 2007. I've already filled out the paperwork for her, minus the appopriate dates. I've also given her information about the things she needs to be studying for to pass the civics and history part of the Naturalization process. Until she does that I'm still on the hook for the I-864 with her. She has two jobs and I doubt that she would ever become a problem where the U.S. government would have to support her. I can show income sufficient enough to give support to two I-864's but it's not something I would prefer to have hanging over my head. My ex lives in the same town as I do, but I have definitive proof that we are in fact legally divorced, live in separate houses, and that she has in fact changed her name from my last name to her maiden name. I hope that this will be enough.

[jasal]

First off.. I don't see any need for a waiver... you divorced twice, but only said that one of them was a previous K1. You only need a waiver if:

"If the petitioner has filed two or more K-1 visa petitions at any time in the past, or previously had a K-1 visa petition approved within two years prior to the filing of the current petition, the petitioner must request a waiver."

 

I don't see either of the two conditions meeting your situation.. USCIS will now review this waiver you sent. .might cause some delay if they are not sure why you sent it; but maybe their disregard it and say it was unnecessary. Now on to your real question about GUZ.

 

Of course, GUZ is interested in your current relationship per evaluation a bona-fide relationship; but they will also do so in light of previous visa relationships... after all, they want to guard against fradulent applications (those seeking immigration benefits with wrong intentions).

 

Your individual case is more important than another persons case. Do what you can do to make the evidence of the relationship (and the ongoing portion is the most important... meaning, what are you doing during the almost year apart; multiple visits is the best proof IMO).

 

David: I appreciate your comments and opinions. I've been once to visit her. We spent 2 weeks together, took lots of pictures together. My next visit is February. I'm going to visit her during Chinese Spring Festival (Chinese New Year), meet her parents and other relatives. Take more pictures of us together with her parents and other family members. Her parent's also gave me a certified letter from them to send to USCIS when I forwarded the K-1 package stating their total agreement with me marrying their daughter. My work prevents me from going back to visit her any sooner than February 2007, even though I would love to go back sooner than then. She isn't inactive either. She has contract work she does for magazines and books. She's also taking additional journalism classes beyond her degree in Journalism. So right now her work and her classes would also prevent us from spending much time together even if I were able to go and visit her again before February. I hadn't been concerned at all about whether GUZ would reject our application for K-1 because of my one prior application, not until my fiancee told me about how she had talked to some women who had been rejected because of it. Concerning the waiver I sent in regards to the IMBRA. I knew that my case didn't fall into the guidelines you mentioned in your response, but I thought adding it to my application wouldn't hurt. The adjudicator can look through my package and clearly see the divorce and other evidence. I just hope that it won't delay the petition.

 

There is not much effort required to sit ones butt down in front of a computer and claim to talk for hours on end; you might do that with a friend... but going to visit her 3-4 times during the process will remove most all doubt, IMO...

[david_dawei]

First off.. I don't see any need for a waiver... you divorced twice, but only said that one of them was a previous K1. You only need a waiver if:

"If the petitioner has filed two or more K-1 visa petitions at any time in the past, or previously had a K-1 visa petition approved within two years prior to the filing of the current petition, the petitioner must request a waiver."

 

I don't see either of the two conditions meeting your situation.. USCIS will now review this waiver you sent. .might cause some delay if they are not sure why you sent it; but maybe their disregard it and say it was unnecessary. Now on to your real question about GUZ.

 

Of course, GUZ is interested in your current relationship per evaluation a bona-fide relationship; but they will also do so in light of previous visa relationships... after all, they want to guard against fradulent applications (those seeking immigration benefits with wrong intentions).

 

Your individual case is more important than another persons case. Do what you can do to make the evidence of the relationship (and the ongoing portion is the most important... meaning, what are you doing during the almost year apart; multiple visits is the best proof IMO).

 

David: I appreciate your comments and opinions. I've been once to visit her. We spent 2 weeks together, took lots of pictures together. My next visit is February. I'm going to visit her during Chinese Spring Festival (Chinese New Year), meet her parents and other relatives. Take more pictures of us together with her parents and other family members. Her parent's also gave me a certified letter from them to send to USCIS when I forwarded the K-1 package stating their total agreement with me marrying their daughter. My work prevents me from going back to visit her any sooner than February 2007, even though I would love to go back sooner than then. She isn't inactive either. She has contract work she does for magazines and books. She's also taking additional journalism classes beyond her degree in Journalism. So right now her work and her classes would also prevent us from spending much time together even if I were able to go and visit her again before February. I hadn't been concerned at all about whether GUZ would reject our application for K-1 because of my one prior application, not until my fiancee told me about how she had talked to some women who had been rejected because of it. Concerning the waiver I sent in regards to the IMBRA. I knew that my case didn't fall into the guidelines you mentioned in your response, but I thought adding it to my application wouldn't hurt. The adjudicator can look through my package and clearly see the divorce and other evidence. I just hope that it won't delay the petition.

 

There is not much effort required to sit ones butt down in front of a computer and claim to talk for hours on end; you might do that with a friend... but going to visit her 3-4 times during the process will remove most all doubt, IMO...

 

As far as the petition is concerned... only questioning the presence of an unnecessary wavier should cause a delay by USCIS; normally they are willing to approve valid petitions in a normal timeframe.

 

GUZ is the bigger question... But I still rely on my previous comments.. you have to prove to GUZ the [current] relationship is valid.. and any past one is a non-issue to the current situation.

[Brian121247]

My case is generally similar in that my first (Russian) wife left the U.S. abruptly in 2004 after adjusting her status, but before her conditional residence visa expired. I filed a second K-1 application in December, 2005 for my current fiancee who lives in Shenzhen. My application has been in admin review since March/April at the NVC.

 

I just got off the phone with my lawyer and he said he is convinced that the delay with my application is due to NVC/FBI's concern over my ex-wife's location and whether she violated any INS rules before she left. There should not be a big problem in proving your ex-wife's location and status, but I think you can expect a delay at the NVC while they investigate your case. My lawyer indicated that this delay is true for anyone with a previous K-1 application in their past. He mentioned that they have a lot of admin review cases to process, and "the trick is to get them to do it sooner rather than on their own schedule."

 

My lawyer also told me about certain communication channels available between immigration lawyers and USCIS/NVC government officials where applications have been delayed far beyond normal processing times. The last resort is using a certain official's phone number that he called the "nuclear option" of last resort. We are in the stage right before that one, but he is preparing to pull the trigger on the nuke in about 5 more weeks, the time required for his current attempt to pry my app loose.

 

Brian

[david_dawei]

convinced that the delay with my application is due to NVC/FBI's concern over my ex-wife's location and whether she violated any INS rules before she left.

 

First I can recall of such an idea..the 'ex' having a name check done by DOS... would be interested to hear if others have suspected or told similar info from a lawyer.

[jasal]

I don't an issue. You married someone on a K-1 for 5 years and then got divorced. I must agree with David that filing the waiver thingy wasn't required and may cause a bit of a bump in getting approval on your petition. Not a big thing.

 

The GUZ question will be on your previous wife's current relationship. They want to be sure that you are truely separated. I wouldn't try to provide that up front, but if blue slipped it sounds like your ex would be willing to provide utility bills and such to prove the two of you don't share a residence. The better you can 'prove' your current relationship, the better. Pics with her family and documentation of their support of the marriage, the better. You will never know what will be asked at the interview. But, reading other's stories can help prepare you.

 

Again, I don't see anything that would cause a major problem. Just go with the flow.

 

Thanks. I agree with you and David. I included the waiver because I was trying to make sure that I submitted something explaining what happened. May have been overkill and might cause me a bit of a delay while they stratch their heads about it. My ex (the K-1) still lives in the same city as I do. I have a copy of the I-90 which I filed for her to get her Permanent Resident Green Card changed from my last name to her maiden name. That form lists her new address. I also have a copy of the Change of Address Form that I filed for her that shows she has moved from living at my address to her new address. She and I got a divorce but we aren't enemies so I could probably get more evidence such as utility bills from her if necessary. But surely the copy of the I-90 which was submitted electronically and shows payment electronically and also the BCIS Receipt Number would be proof positive that my ex is NOT still living with me and has her own place and has even changed her name. I'm planning on another trip to China in February to visit her and also to visit her parents and family. We'll take lots more pictures then. Thanks again for your advice and thoughts.

[jasal]

My case is generally similar in that my first (Russian) wife left the U.S. abruptly in 2004 after adjusting her status, but before her conditional residence visa expired. I filed a second K-1 application in December, 2005 for my current fiancee who lives in Shenzhen. My application has been in admin review since March/April at the NVC.

 

I just got off the phone with my lawyer and he said he is convinced that the delay with my application is due to NVC/FBI's concern over my ex-wife's location and whether she violated any INS rules before she left. There should not be a big problem in proving your ex-wife's location and status, but I think you can expect a delay at the NVC while they investigate your case. My lawyer indicated that this delay is true for anyone with a previous K-1 application in their past. He mentioned that they have a lot of admin review cases to process, and "the trick is to get them to do it sooner rather than on their own schedule."

 

My lawyer also told me about certain communication channels available between immigration lawyers and USCIS/NVC government officials where applications have been delayed far beyond normal processing times. The last resort is using a certain official's phone number that he called the "nuclear option" of last resort. We are in the stage right before that one, but he is preparing to pull the trigger on the nuke in about 5 more weeks, the time required for his current attempt to pry my app loose.

 

Brian

 

 

So sorry to hear about your long delay in Admin Review. Hopefully they can get your case moving forward again soon. I didn't know that the NVC did such a thing as hold you up for something like that. Now if you had something in your background such as an arrest or something, then I would better understand why NVC/FBI is taking longer to investigate. In my ignorance of such matters and reading the responsibilities of what the NVC is supposed do, doing a check on ex-wives from other countries wasn't listed. Whatever is holding you up, I hope it gets resolved soon.