Filing Divorce and K1 Visa

trueamerican

Registered Users (C)
Hello Everyone,
I am planning to file for divorce next week in my home state California. From what I understand that it takes about 6 months to finalize a divorce and obtain a divorce certificate. I am planning to obtain a K1 visa for my Fiance(e) after I file for divorce. My question is:

Is this going to cause any problems in obtaining K1 visa for my fiance(e) since it will take sometime for my divorce to finalize. I know one of the questions in the I-29F asks for date of divorce. Please help me out.

jay
 
It might be a good idea to get divorced first before organizing your next marriage, for a number of reasons (including immigration).
 
Both parties need to be willing and free to marry when the I-129F is submitted. If either party is still married, then the I-129F cannot be submitted. Simple as that.

Is this going to cause any problems in obtaining K1 visa for my fiance(e) since it will take sometime for my divorce to finalize. I know one of the questions in the I-29F asks for date of divorce.
 
You will also need to provide proof of your divorce when you file the I-129F. So by all means, prepare the paperwork/evidence etc, but you cant file until your divorce is finalised and you have documentive proof that this is so.
 
Im going through a similiar situation. My divorce will actually be final December 18. :) I planned on filing a fiance visa afterwards but was concerned on how immigration will look at this. I was separated from my ex-spouse before I met my fiance but due to financial reason could not get a divorce right away. When it comes to immigration and him interviewing will they deny us? Someone said they heard they have denied some in the past because they said the beneficiary broke up the marriage. Is this true? This has me so worried. This is not the case. Not everyone can afford to just divorce right away. Besides the divorce papers is there anything else I need to send in with the petition such as a letter stating I was separated before I met my fiance? Or will it matter much to them as long as we are both free to marry when I file? Please help..
 
Dont worry trueamerican, youll be fine.
Many people have filed for a K1 immediately after they recieved their divorce paperwork. Just so long as you have evidence of an ongoing/bona fide relationship prior to divorce and K1 filing, then everything will be ok.
 
Good one, "true american". Your fiancee may be doing it legally, but what a morally deceitful way to enter the US. Like, Elcupacabras said, "you'll be fine" because most likely, in your case everything will go well, unlike those who are trying to get their green card out of clean and honest intentions
 
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