I Met My Fiancee While still Married.. Will I be Denied a K-1 Fiancee Visa?

Relationships, like everything else in life, are organic and constantly evolving. They don’t always start and stop as cleanly as they do in fairy tales.

For K-1 fiance(e) visa relationships, starting a relationship while one of the individuals is still married poses potential problems that may result in the USCIS officer asking additional questions.

Timing plays a large role in determining whether a K-1 fiance(e) visa stamp will be approved. When did the relationship with the foreign fiance(e) begin? Is the individual and his/her soon-to-be ex-spouse separated? Have divorce papers been filed? When is the divorce expected to be officially dissolved?

In addition, the usual host of factors will also be considered in evaluating the outcome of the case. This includes the ages of the U.S. citizen and foreign applicant, the foreign applicant’s English competency, the length of the courtship, the home country of the foreign fiance(e), whether the fiance(e) has previously visited the U.S., the criminal history of the U.S. citizen and the foreign fiance(e), to name a few.

The bottom line is that it is very possible for a foreign fiance(e) to be approved for a K-1 fiance(e) visa even if the relationship began while one was still married. The key is establishing that the relationship is bona fide. The couple should demonstrate that their love is legitimate and maturing. This can be achieved through supporting evidence such as emails and phone logs.

While overlapping relationships are not planned for, they are not uncommon. Any prejudice on the part of the USCIS or consular officer against relationships with these charactertics need to be addressed deliberately and with ample supporting documents.

If you are involved in a relationship with a foreign fiance(e) that overlaps with a previous relationship, please do not hesitate to contact our law firm at 626-771-1078 to discuss your options or visit us at www.myfianceevisa.com   

This entry was posted on 23. October 2009 at 17:47 and is filed under K1 Visa Marriage Tips. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response or trackback from your own site.

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