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[ Ссылка ] An often overlooked eligibility requirement for the fiance visa is that the foreign fiance must be of good moral character. Sometimes the timeline of courtships and previous marriages overlap. Depending on the officer, this overlap while dating when one or the other of the couple is still married could result in visa denial.
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An often overlooked eligibility requirement for the fiance visa is that the foreign fiance must be of good moral character. As always, a consular officer’s decision to approve or deny is based on his own experience and intuition. He makes a "holistic" judgement that can be influenced by his own religious or moral beliefs.

The history of the courtship as well as history of previous marriages is always reviewed by the consular officer. Sometimes the timeline of courtships and previous marriages overlap. Depending on the officer, this overlap while dating when one or the other of the couple is still married could be understood as reasonable, or COULD be deemed an IMMORAL VIOLATION of the marriage vows, in a word, adultery. If the CO decides to take the strict moral view that the relationship was adulterous, the visa is denied.

I've spent last few days helping two different clients with similar issues win their cases. Their problem is that they both met their fiancées and started their romantic relationships before their respective divorces were final.

Considering that the divorce or annulment process can last years, it is not that unusual for a modern couple to meet while one or the other is putting the final wraps to their previous failed marriages.

The problem lies with how strictly a consulate officer defines Good Moral Character.

The intention of the requirement, is to exclude those who are involved in crime, such as violence, drugs, sex trade. However some consulate officers will interpret a courtship that took place, before a failed marriage got its official court ordered dissolution decree as a reason to deny on moral character grounds.

A consular officer with more life experiences and maturity is more likely to understand and accept the realities of human nature and failed relationships. But an officer may have less world experience, and might have a strict family or religious background and be far less understanding of the situation.

Denial of fiancé or spouse visas based on poor moral character demonstrated by "adultery" happens quite often at the consulate in Guangzhou China. The officers there frequently deny cases where in the opinion of the officer, the couple committed adultery.

Let me share this experience. One of my clients was an American university professor. He met his Chinese fiancé as she was in an exchange program from her Chinese university and was a visiting professor at his Chicago campus. Before he met her, his divorce was already underway. He had already been separated from his wife. He had already filed for divorce. During the last three months of his Chinese fiancee’s visit to the USA, he and his fiancee moved in and lived together.

But his divorce was not yet final.

She returned to China. His divorce decree was eventually issued. Then they applied for her fiancée visa. At her interview in Guangzhou the consular officer found no problems with their application, EXCEPT that the American’s divorce was not already final while the couple were courting and living together. Their application was denied. Full disclosure. They were NOT my clients when they were denied,but had done their own DIY
application. They came to me for help AFTER denial.
That’s when they finally became my clients. I successfully helped them re-apply to get their fiance visa, conditional adjustment of status, and recently permanent adjustment of status.

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