I-129F fiancee visa?
I am a US citizen.
Answer:
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.
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.
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)."
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!
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