Meet Partner Before Divorce

[Guest ExChinaExpat]

I was separated from my previous wife for more than two years while I lived in China. I met someone in GZ before I recently returned to the US to complete my divorce. After that I returned to China to be with her. Now, regarding the requirement of having met face to face within two-years of filing, is it okay to say we met before my divorce was complete, or should I simply state we met after I returned to China?

[dnoblett]

Is fine to indicate met before a divorce was complete, many people met people while they are separated from prior spouse. Sounds very much like you were seperated when you met your fiancee.

[Randy W]

I was separated from my previous wife for more than two years while I lived in China. I met someone in GZ before I recently returned to the US to complete my divorce. After that I returned to China to be with her. Now, regarding the requirement of having met face to face within two-years of filing, is it okay to say we met before my divorce was complete, or should I simply state we met after I returned to China?

Just to be clear - the two year requirement is that you must have been with her at least once during the two years prior to filing. You are with her NOW, so you satisfy this requirement.

[Guest ExChinaExpat]

 

I was separated from my previous wife for more than two years while I lived in China. I met someone in GZ before I recently returned to the US to complete my divorce. After that I returned to China to be with her. Now, regarding the requirement of having met face to face within two-years of filing, is it okay to say we met before my divorce was complete, or should I simply state we met after I returned to China?

Just to be clear - the two year requirement is that you must have been with her at least once during the two years prior to filing. You are with her NOW, so you satisfy this requirement.

 

 

Yes, understood. It's different in my case as I am living in China. However, I wanted to show the evolution of our relationship from meeting last year until today.

[warpedbored]

I think it sounds very plausible. Explain how long you were separated before meeting her and in no hurry to get the divorce until you met her. They're looking for bona fide relationship.

[credzba]

 

 

I was separated from my previous wife for more than two years while I lived in China. I met someone in GZ before I recently returned to the US to complete my divorce. After that I returned to China to be with her. Now, regarding the requirement of having met face to face within two-years of filing, is it okay to say we met before my divorce was complete, or should I simply state we met after I returned to China?

Just to be clear - the two year requirement is that you must have been with her at least once during the two years prior to filing. You are with her NOW, so you satisfy this requirement.

 

 

Yes, understood. It's different in my case as I am living in China. However, I wanted to show the evolution of our relationship from meeting last year until today.

 

My situation was very similar to yours.

In fact the time between actual divorce, and marriage was about 60 days, and that was just because I couldn't get back to China any faster

 

My wife had no visa problems at all.

 

You will read over and over that they look at the whole picture, and I believe its true.

Is your wife from one of the high visa fraud provinces?

Do you have plenty of income to support her, or just barely making the minimum required?

Is there a reason you and her marriage looks unusual (huge age difference, unreasonable education backgrounds)?

 

Who knows what all else, but infidelity is not a concern .. lol .. seriously. Even if your evolution of relationship said you cheated on your wife for 2 years, got caught, and divorced her to marry your true love, that would not be a red flag ... in fact it would probably support not being fraud

 

Build the entirety of your case, and don't worry.

[Guest ExChinaExpat]

Thanks guys, I appreciate the feedback. Starting a new journey has its share of challenges, and the "if at first you don't succeed" philosophy doesn't seem to apply. Haha.

[tsap seui]

Jesse, to me the evolution of relationship letter is the most important part as it can explain everything.

[RobB]

I have a question in regards to this topic.

 

I have been seperated from my wife for 1 1/2 years before we got divorced. During our marriage, I did successfully apply for and get a green card for her. She decided that the US wasn't for her and she returned to China and we finalized the divorce last December. Now I have a Chinese girlfriend who has been seperated from her husband for four years and is finalizing her divorce. She has a son from that marriage and wants to move forward with our engagement and filing of the I-129F.

 

Are there any pitfalls or problems in filing the I-129F immediately after we are engaged? Or should we wait and file towards the end of the year?

 

I will be seeing her again next month during which we will meet with her family in regards to our engagement.

 

Thanks,

Rob

[Beachey]

I have a question in regards to this topic.

 

I have been seperated from my wife for 1 1/2 years before we got divorced. During our marriage, I did successfully apply for and get a green card for her. She decided that the US wasn't for her and she returned to China and we finalized the divorce last December. Now I have a Chinese girlfriend who has been seperated from her husband for four years and is finalizing her divorce. She has a son from that marriage and wants to move forward with our engagement and filing of the I-129F.

 

Are there any pitfalls or problems in filing the I-129F immediately after we are engaged? Or should we wait and file towards the end of the year?

 

I will be seeing her again next month during which we will meet with her family in regards to our engagement.

 

Thanks,

Rob

 

 

Based upon other recent threads, I would seriously consider getting married when you are over there and file a I-130 instead of fiance visa assuming her divorce is already final

 

Also, I believe both parties need to be free to marry at the time you file the I-129F which means her divorce needs to be final before you can file.

[dnoblett]

I have a question in regards to this topic.

 

I have been seperated from my wife for 1 1/2 years before we got divorced. During our marriage, I did successfully apply for and get a green card for her. She decided that the US wasn't for her and she returned to China and we finalized the divorce last December. Now I have a Chinese girlfriend who has been seperated from her husband for four years and is finalizing her divorce. She has a son from that marriage and wants to move forward with our engagement and filing of the I-129F.

 

Are there any pitfalls or problems in filing the I-129F immediately after we are engaged? Or should we wait and file towards the end of the year?

 

I will be seeing her again next month during which we will meet with her family in regards to our engagement.

 

Thanks,

Rob

The primary pitfall with GUZ is the K-1, lately there has been a high denial rate. Recently the OP of this thread was denied a K-1/K-2 and they were living together quite some time before filing the I-129F, the only reason they did the K-1 was so to get a K-2 for a child over the age of 18, if they had married, they would not been able to get a visa for step-child due to step child's age.

 

As for divorce, sometimes a quick marriage after a recent divorce can pose a red flag, you need to explain and document the evolution of relationship for the prior marriages both your's and your fiancee, as well as document how you met and length of relationship with your fiancee. Having a few trips, and showing being together more than one time is also helpful.

 

Another option to consider, is a couple trips over there, get married in China, and file for a CR-1 spouse visa. This tends to be less expensive, gets green-card upon arrival to the states, and tends to get denied less often. The downside is if it is denied you end up having to do a lot more work overturning the denial. A K-1 if denied, has the option of going to China, get married and then try for the spouse visa.

[Doug]

 

I have a question in regards to this topic.

 

I have been seperated from my wife for 1 1/2 years before we got divorced. During our marriage, I did successfully apply for and get a green card for her. She decided that the US wasn't for her and she returned to China and we finalized the divorce last December. Now I have a Chinese girlfriend who has been seperated from her husband for four years and is finalizing her divorce. She has a son from that marriage and wants to move forward with our engagement and filing of the I-129F.

 

Are there any pitfalls or problems in filing the I-129F immediately after we are engaged? Or should we wait and file towards the end of the year?

 

I will be seeing her again next month during which we will meet with her family in regards to our engagement.

 

Thanks,

Rob

Is there anyway she could get a visitor visa to the USA and check out your home, town, and way of life? THIS is what I would do if possible and not let your lady talk you out of how impossible a visitor visa is. After all, if she leaves the child with a relative, and if she has a home and job, then she has plenty to return to. It kind of protects you, saves your vacation time for future visits, and maybe she can come see you twice while her visitor visa is good. This helps you guys establish something deeper perhaps, and gives you some time to show GUZ the proof. I don't know about getting married while in USA on the visitor thing or trying to stay. I think she will have to return. But if I had it to do over again, on the 2nd time, like you, I would make her come visit.

Edited August 15, 2014 by Doug (see edit history)