Engagement to a 'seperated' US citizen

M

Meteor15

Registered Users (C)
Hi,
I m currently in US on B2 visa. Here i met a guy who has been seperated from his ex-wife for almost a year. Their final divorce will take place in November but by that time my visa will expire.

We are planning to get engaged before my visa expiration but are not sure if immigration would acccept my K1 application with a guy who is not completely divorced.

Can anyone please help me with this confusion?
 
From the U.S. Department of State Website:

"A fiancé(e) is a person who is engaged or contracted to be married. The marriage must be legally possible according to laws of the state in the United States where the marriage will take place."

If the person is still married, then you CANNOT get a K1 visa, as that person is not legally able to marry. If you fill out the K1 application and submit... you going to lie and say the person is divorced even if he isn't?
 
Spare yourself some trouble and don't get engaged/married unless you got and see the original divorce certificate. I am not suggesting any wrongdoing, but better be safe than sorry.
 
OP,

You need to leave the US before the expiration date on your I94 and wait in your home country for the proper petition to be filed following his divorce. While overstay is forgiven by marriage to a USC, he is not yet divorced and it may not take place. You will have accumulated illegal presence by remaining after your I-94 date which will create many future problems for you.

This esit should not be a problem if this is a true marriage and not just one to remain in the US.
 
You must log in or register to reply here.
Top