Recent divorce

[Bill & Li Hong]

Even though Li Hong had been separated from her husband for three years since we met, she has just recently gotten her divorce papers. No easy task sense they both live in Beijing but had to go to Changchun where they were married. It has been a couple of months and I plan on submitting my I-129F in the next few weeks.

Is there any reason for concern or delay my I-129F because of this timing??

Thanks!

[dnoblett]

No need to delay filing I-129F the rule is that you are free to marry at the time you file the I-129F.

[LeeFisher3]

There have been issues raised by GUZ if your first meeting was prior to her divorce.

 

If that was the case you might consider submitting a translated statement from her concerning the end of her marriage and the explanation as to why it took so long to formalize it. Take a look at this article by Marc Ellis, Denials Of Family-Based Immigrant Visas At Consulates And DHS Petition Revocations , read through the PRACTICE TIP #1 section. It's not a guaranteed way to avoid issues but it can't hurt.

[Sebastian]

If ya get the 'thing' that Lee Mentioned -

 

submit it with the original I-129F.

 

This way, USCIS stateside will 'rule' on it, include it as part of the 'approved' paperwork that gets sent over to GUZ. GUZ will review it, and make the time to review it, prior to the actual interview.

 

GOOD LUCK !

[Richard & Li]

I read your post yesterday and didn't reply because I didn't have any knowledge about the topic.

 

Today, I read this thread and thought about you.

 

Reason for Denial

 

I don't know if this thread really relates to your concerns and I don't want to scare you. But, you may find it interesting and you may want to communicate with the people who've posted here.

 

Good Luck to you!

[Yuanyang]

Even though Li Hong had been separated from her husband for three years since we met, she has just recently gotten her divorce papers. No easy task sense they both live in Beijing but had to go to Changchun where they were married. It has been a couple of months and I plan on submitting my I-129F in the next few weeks.

 

Is there any reason for concern or delay my I-129F because of this timing??

 

Thanks!

Bill, our divorces weren't "final" until the month before our 1st meeting and marriage. Having said that I did include detail dates in the letter on "evolution of relationship". Good Luck!

[stacato]

Even though Li Hong had been separated from her husband for three years since we met, she has just recently gotten her divorce papers. No easy task sense they both live in Beijing but had to go to Changchun where they were married. It has been a couple of months and I plan on submitting my I-129F in the next few weeks.

 

Is there any reason for concern or delay my I-129F because of this timing??

 

Thanks!

Bill, our divorces weren't "final" until the month before our 1st meeting and marriage. Having said that I did include detail dates in the letter on "evolution of relationship". Good Luck!

 

Same here. I met my wife for the first time approximately 1 month after my divorce. Had no problem getting approved. Good luck!

[jhammer]

Even though Li Hong had been separated from her husband for three years since we met, she has just recently gotten her divorce papers. No easy task sense they both live in Beijing but had to go to Changchun where they were married. It has been a couple of months and I plan on submitting my I-129F in the next few weeks.

 

Is there any reason for concern or delay my I-129F because of this timing??

 

Thanks!

Bill and Li, I am in a somewhat similar boat, ( see my divorce/engagement times below) but I think you will find there are no two cases the same. The BEST thing you have going for you right now are a lot of choices in what you do with that I-129F. I did everything I could given a couple weeks of not sleeping to produce a 143 page submission. My actual time to prepare it stretched months. It has my timeline document which includes my situation with my ex-wife ( of 2 weeks ) at the time. It included when my divorce proceedings started, when I moved out of her ( my ) house.. I showed rental agreements, utility bills, lawyers fees and agreements, certified check to attorney, etc. I only included the relevant timeline info ( about 2 pages ) which explained all this withouth the Harlequin

schmaltz story. Every couple of sentences from my "timeline of relationship" contained a reference to a page in my submission where the evidence for that supported that fact.

 

It was therefor necessary for me to add page numbers to every page of my packet ( except the official forms given ), even though you also have to say they are original and not tampered with etc.. I put a footnote explaining my indexes I added to each page for reference sake. To make it even more personal, my index notation included my last name, for example "HAMMER-129F-C1" - be careful - I mean I can't recommend you do this as you are not to alter in any way an original or original copy of any document. I decided it was worth it and made a note on my "not altered " required statement as to the fact that I had added this indexing notation in the margins. My guess is government workers couldn't understand that statement nor most of what I had written, but that the indexed notation was helpful. :-)

 

I had at least 30 items listed in my table of contents from the submission of 143 pages and each page was packed with hard evidence. As mentioned, my timeline statement was only 2 or 3 pages and comprised of supporting the story based on the evidence I included with references. Subjective "how much I love her and why we should be together" was spared in all but one or two sentences. The reason you would want to include so much evidence NOW is the way I read the snippets of the law referenced on this forum, which is that if this is shown in the I-129F and USCIS approves, it, which they likely will, then the colorful folks at the consulate are not allowed to override that determination based on that accepted documentary evidence. They must find new reasons to deny you based on new information. There is now very little new information for them in my case - at least I have kept that window as small as possible.

 

That wasn't why I included all of that front-loaded evidence, however. My reason at the time, was I wanted to make sure I had it all, and get it done with so I wasn't scrambling later. I think it works on both levels. I got my list of what to include from visajourney.com and reading posts here.

 

In a nutshell, I moved out in 3/07, filed for divorce 4/07, met my new GF in 10/07 online, met in person in China in 12/07, returned again in 4/08, was officially divorced that same week in 4/08, engaged while there in 4/08 and filed our I-129F 5/08.

 

Things I believe are in my favor in this "red flag" circumstance:

1. long divorce proceeding, with evidence as to why,

2. 6 - month courtship before engagement to fiancee

3. ( no quick marriage ), and

4. all the rest of the documentary evidence.

5. front-loading all the evidence in the I-129F which was approved.

 

Do all you can now. Ask more and more questions. leave nothing out that could prove you "bona fide" relationship. If you do not possess particular strengths at organizing and carefully documenting, I recommend get somebody who can help you. It could make all the difference in the world.

 

Best of Luck to you and Li.

[Lee VD]

Wow, thats great information. Your situation is almost a carbon copy of mine just about a year ahead of me, so I will follow your shadow very closely! Since you already have the NOA2 sounds like you are in good shape! I will anxiously await your interview results! I dont think I will be so verbose in the application though, probably "just the facts 'mam" but make sure I am as complete as possible. Im not sure if they really care about the whys...

 

My divorce should be final by end of February, about one year after we decided to get divorced. I met my gal while I was separated and we will probably have a few months down after my divorce before we get engaged so it should be padded out pretty well.

 

We have lots of green flags but you can read my other thread with the J1 and CCP issues to overcome... should be a long road but hopefully a smooth one (fingers crossed).

 

I am headed out for the 1st meeting on 12/22 for about 3 weeks, then a week later she comes to the US for about a month , so happy times for awhile....

[rogerinca]

Even though Li Hong had been separated from her husband for three years since we met, she has just recently gotten her divorce papers. No easy task sense they both live in Beijing but had to go to Changchun where they were married. It has been a couple of months and I plan on submitting my I-129F in the next few weeks.

 

Is there any reason for concern or delay my I-129F because of this timing??

 

Thanks!

Bill, our divorces weren't "final" until the month before our 1st meeting and marriage. Having said that I did include detail dates in the letter on "evolution of relationship". Good Luck!

 

Same here. I met my wife for the first time approximately 1 month after my divorce. Had no problem getting approved. Good luck!

 

 

Ditto !!!

 

I was married to Lao Po one month after my divorce was (finally) final here in the US.

 

But I explained the circumstances in my file and it was not an issue at interview time.