I have been separated with my wife since July, 2006. Our official date of divorce is Jan 5, 2007. I have met a nice woman online and we are madly in love. We have met personally while I traveled to China. I would like to apply for the K-1 fiancee visa. Is it too soon since the effective date of my divorce is very recent although things with my wife turned sour long time ago. Will USCIS fown upon my application?
I am a US citizen.
2007-01-08 08:38:44 · 5 answers · asked by Happy 1 in Politics & Government ➔ Immigration
My previous wife was bron in the USA, she is US citizen when I married her.
2007-01-09 17:02:44 · update #1
Tom: I would think what u r saying applying to tourist or student visas. They want to make sure that u r not immigrating. But in the case of Fiancee visa, it is a known fact that the fiancee is immigrating. How strictly enforced is that we must have known each other for two years?
2007-01-11 05:09:15 · update #2
When you submit your application, as long as the divorce is completed, you should be fine. As with the other person, it does depend on the officer who has jurisdiction over your case and his or her beliefs/opinions... But... Remember, you may submit your application today, but depending on processing times of the service center where you sent your application to, it may not reach total review until months from today's date.
2007-01-08 08:57:27 · answer #1 · answered by UsCiS-ReP 2 · 0⤊ 0⤋
You may to file a waiver if your last K-1 was approved less than 2 years ago according to the new IMBRA.
"International Marriage Broker Regulation Act:
B. Filing Limitations
IMBRA imposes limitations on the number of petitions a petitioner for a K nonimmigrant visa for an alien fiancé(e) (K-1) may file or have approved without seeking a waiver of the application of those limitations. 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. These limitations do not apply to petitioners for a K nonimmigrant visa for an alien spouse (K-3)."
2007-01-09 01:10:57 · answer #2 · answered by Alie 4 · 0⤊ 0⤋
you won't be able to purchase the tickets or %. her up until she gets an genuinely VISA in her passport. Approval of the I-129F petition is in basic terms the 1st step interior the technique. The case will circulate to the NVC. they are going to deliver you a letter with a clean case huge form (for the embassy in a foreign country), and forward the case in a foreign country for consular processing. Your fiancee will finished visa application varieties, get her scientific examination completed, Police clearance certificates, you will submit the affidavit of help along with your financial and employment suggestion and so on . she would be able to be scheduled for a Visa interview, and the Consul will make a kind to approve or deny her visa on the interview. Your presence on the interview isn't required (and you heavily isn't allowed as properly). In Philippines, it may take a at the same time as to get an interview scheduled. you may seek for greater unique suggestion on the US embassy in Manila internet site.
2016-12-12 07:10:19 · answer #3 · answered by goslin 4 · 0⤊ 0⤋
They very likely will not issue you the fiance visa unless you have known the woman for at least two years and can verify this by passports, photos together, and other means.
You can try, but the rejection rate is something like 95% unless you have known her for at least two years. Even then it will take months.
I was in a similar situation and have done exactly what you are attempting to do.
Furthermore, it really is at the whim of the visa officer interviewing your fiance, and their job is basically NOT to issue visas to Chinese (or any other nationalitiy) who demonstrates a desire to immigrate. In fact, most Chinese are rejected for travel.
Most people applying for visas to US must demonstrate they have exceptionally good cause for returning to China and these folks must illustrate to the visa officer strong ties to their Chinese community.
Anyway, I wish you luck on this. I'm fortunate to have got this through. cheers!
2007-01-10 15:49:07 · answer #4 · answered by Tom 5 · 0⤊ 0⤋
That's a tough one...with my experience with immigration...it really depends on the mood and whim of the reviewing officer. maybe not so much the uscis, but in the us consulates. I think you should consult an immigration lawyer, maybe two, to help you decide on your course of action.
2007-01-08 08:52:03 · answer #5 · answered by Zack B 1 · 0⤊ 0⤋