Seeking Advice

[Tonoue]

Hello everyone. I'm new to this site and I would like to ask for some advice.

I am dating a wonderful young woman from China (QiuQiu). She is without a doubt the girl of my dreams. We've been dating for a little over a year (1 year 3 months). I went to China and we met in Guilin last year.

I just recently got a divorce, officially last Thursday. My ex-wife is a foreign national from Hungary.

I met QiuQiu while I was married and going through seperation and divorce. Now that it's final and QiuQiu can finally be a true couple, we want to file for a K-1 visa in October.

I've heard (as I'm sure you all have) the horror stories about people being denied due to having been married to another foreign national. I know there are people out there that will marry a person so that they can stay in the U.S. and I really don't want the USCIS to think the same of me because of my recent divorce.

I would like to ask, should we wait a longer amount of time? Is applying in October too soon?

 

Please help.

 

Thank you

 

- Tonoue

[chilton747]

Hi and welcome. Did you petition for your ex-wife and if so, how long ago was it?

[Jay & Ping]

Well Tonoue, They will know from your application when you divorced and when you two met. This will be evident regardless of when you apply. Personally I would apply. If they delay you there's nothing you can do. If you decide to delay yourself - well that's your doing.

Think it over. Many people will respond. Sort it out for yourself.

 

Welcome and good luck. - Jay

[Tonoue]

Hi and welcome. Did you petition for your ex-wife and if so, how long ago was it?

Ummm....petition? What do you mean? Forgive me....I don't know much about legal things.

If you're referring to a petition for divorce....yes. And now it's done.

 

Thank you.

 

- Tonoue

[dale7570]

Hello everyone. I'm new to this site and I would like to ask for some advice.

I am dating a wonderful young woman from China (QiuQiu). She is without a doubt the girl of my dreams. We've been dating for a little over a year (1 year 3 months). I went to China and we met in Guilin last year.

I just recently got a divorce, officially last Thursday. My ex-wife is a foreign national from Hungary.

I met QiuQiu while I was married and going through seperation and divorce. Now that it's final and QiuQiu can finally be a true couple, we want to file for a K-1 visa in October.

I've heard (as I'm sure you all have) the horror stories about people being denied due to having been married to another foreign national. I know there are people out there that will marry a person so that they can stay in the U.S. and I really don't want the USCIS to think the same of me because of my recent divorce.

I would like to ask, should we wait a longer amount of time? Is applying in October too soon?

 

Please help.

 

Thank you

 

- Tonoue

there are many people on this site that met their current fiancee while a divorce was in the works. that in itself is only a small red flag. i do have 2 important questions for you that can also affect your case. 1. are you a u.s. born citizen? 2. have you previously petitioned for a foreign fiancee or spouse?

[chilton747]

Hi and welcome. Did you petition for your ex-wife and if so, how long ago was it?

Ummm....petition? What do you mean? Forgive me....I don't know much about legal things.

If you're referring to a petition for divorce....yes. And now it's done.

 

Thank you.

 

- Tonoue

 

I mean did you file a petition with the USCIS to bring her over here? (your ex that is)

[Tonoue]

Well Tonoue, They will know from your application when you divorced and when you two met. This will be evident regardless of when you apply. Personally I would apply. If they delay you there's nothing you can do. If you decide to delay yourself - well that's your doing.

Think it over. Many people will respond. Sort it out for yourself.

 

Welcome and good luck. - Jay

Thank you, Jay.

 

I really want to apply as soon as possible. We can't stand being away from each other. However, we're both kinda....ummm.....concerned? Maybe paranoid would be a better word. lol

QiuQiu tells me (from what she read on the chinese counterpart to this site) that if we apply and she is denied, the chances of getting approved a second time are slim to none. So, I pretty much gather that it's a one shot deal. I don't know if it's true, but I have no reason to disbelieve what she says.

 

Just a side note - I will be going back to visit her in January. We plan on meeting in Xi'an for the Lunar Festival. =D

 

- Tonoue

[dale7570]

Hi and welcome. Did you petition for your ex-wife and if so, how long ago was it?

Ummm....petition? What do you mean? Forgive me....I don't know much about legal things.

If you're referring to a petition for divorce....yes. And now it's done.

 

Thank you.

 

- Tonoue

 

my question as well. petition for your ex-wife means that you applied for a k-1 or k-3 visa for your foreign national ex wife. if you did then your app. will be looked at more closely but its not a kiss of death.

[Tonoue]

Hi and welcome. Did you petition for your ex-wife and if so, how long ago was it?

Ummm....petition? What do you mean? Forgive me....I don't know much about legal things.

If you're referring to a petition for divorce....yes. And now it's done.

 

Thank you.

 

- Tonoue

 

I mean did you file a petition with the USCIS to bring her over here? (your ex that is)

 

I see what you mean. No, I didn't petition my ex-wife to bring her over here. When I met her, she was already in the U.S. on a work visa. This will be the first time petitioning.

 

- Tonoue

[Tonoue]

Hello everyone. I'm new to this site and I would like to ask for some advice.

I am dating a wonderful young woman from China (QiuQiu). She is without a doubt the girl of my dreams. We've been dating for a little over a year (1 year 3 months). I went to China and we met in Guilin last year.

I just recently got a divorce, officially last Thursday. My ex-wife is a foreign national from Hungary.

I met QiuQiu while I was married and going through seperation and divorce. Now that it's final and QiuQiu can finally be a true couple, we want to file for a K-1 visa in October.

I've heard (as I'm sure you all have) the horror stories about people being denied due to having been married to another foreign national. I know there are people out there that will marry a person so that they can stay in the U.S. and I really don't want the USCIS to think the same of me because of my recent divorce.

I would like to ask, should we wait a longer amount of time? Is applying in October too soon?

 

Please help.

 

Thank you

 

- Tonoue

there are many people on this site that met their current fiancee while a divorce was in the works. that in itself is only a small red flag. i do have 2 important questions for you that can also affect your case. 1. are you a u.s. born citizen? 2. have you previously petitioned for a foreign fiancee or spouse?

 

Yes, I am a U.S. Citizen. Born and raised here.

 

No, I have not petitioned for a foriegn fiance visa before. My ex-wife was already here when I met her. She was working as an Au-pair (sp?) with a work visa.

 

- Tonoue

[chilton747]

Hi and welcome. Did you petition for your ex-wife and if so, how long ago was it?

Ummm....petition? What do you mean? Forgive me....I don't know much about legal things.

If you're referring to a petition for divorce....yes. And now it's done.

 

Thank you.

 

- Tonoue

 

I mean did you file a petition with the USCIS to bring her over here? (your ex that is)

 

I see what you mean. No, I didn't petition my ex-wife to bring her over here. When I met her, she was already in the U.S. on a work visa. This will be the first time petitioning.

 

- Tonoue

 

Given this then I don't think it will be an issue. But what may be an issue is that you met your current SO before your divorce was final. Now I say "may be". There are many things to consider in anyone's case. This is just one part of it.

 

God luck!!

[Guest Mike and Lily]

I met my wife before my divorce was final. Not a problem

I petitioned my ex when she was here on a working visa. Not a problem

I am substantially older than my wife. Not a problem

 

I think my secure financial status made all the difference though.

 

Nothing you have said about your case, should in and of itself, cause a problem.

 

Good luck!

Edited August 12, 2008 by Mike and Lily (see edit history)

[chilton747]

And of course, money is another part of it.

[jim_julian]

Tonoue .... several things ...

 

QiuQiu may see some pretty extreme advice/opinion etc on 001, the Chinese counterpart to CFL. These thoughts will be coming from other Chinese women. It seems to be a cultural trait that she will tend to give these great weight even though you may offer very logical (to you) refutation of the point under discussion. Expect this. Don't be upset by it. Don't argue too much and after you are right a few times she will begin to give your thoughts more weight.

 

Look at you case from the VO's viewpoint.

 

- Are you financially secure? Much less chance that this is fraud.

- Can you provide good relationship evidence? The most powerful here seems to be visits with tickets you paid for, documented, and photos of you an QiuQiu under a variety of circumstances including, if possible, with her family.

- You were married to a foreign national but you didn't sponsor her for an immigration visa so it doesn't look like you have been "used" to get visas before.

- All sorts of little things: do you have a career, are you well educated, do you dress nicely ... others here may squawk about me mentioning these but it all builds an impression.

 

It's the whole picture that is important. If you're OK on the points I ticked off above I wouldn't worry about how soon after divorce, previous wife, age difference, etc.

 

Good luck ... and welcome to CFL.

[William Lee]

Well Tonoue, They will know from your application when you divorced and when you two met. This will be evident regardless of when you apply. Personally I would apply. If they delay you there's nothing you can do. If you decide to delay yourself - well that's your doing.

Think it over. Many people will respond. Sort it out for yourself.

 

Welcome and good luck. - Jay

Thank you, Jay.

 

I really want to apply as soon as possible. We can't stand being away from each other. However, we're both kinda....ummm.....concerned? Maybe paranoid would be a better word. lol

QiuQiu tells me (from what she read on the chinese counterpart to this site) that if we apply and she is denied, the chances of getting approved a second time are slim to none. So, I pretty much gather that it's a one shot deal. I don't know if it's true, but I have no reason to disbelieve what she says.

 

Just a side note - I will be going back to visit her in January. We plan on meeting in Xi'an for the Lunar Festival. =D

 

- Tonoue

 

 

Your are correct, if you get CR1/K3/K1 and denied the first time, things will get messy. The process will even take longer, maybe years. Suggest getting a lawyer quickly after getting denied.

 

But this is your first petition for any visas, is a good thing. Your first marriage was in the USA, good. You are a US born citizen, also good. They are just checking for any fraud.

Edited August 13, 2008 by William Lee (see edit history)