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Pierluigi

K-1 fiancee visa if my divorce isn't final

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Hi,

I have a girlfriend in the Philippines who I plan to visit soon. If everything goes well, I will want to bring her here on a K-1 visa. However, I'm in the middle of divorce proceedings with my soon to be ex-wife. Must my divorce be finalized before I can file the initial paperwork for the K-1 visa? Also, is there a time period after one visits their fiancee that they must file within?

Thanks in advance for your answers.

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Hi,

I have a girlfriend in the Philippines who I plan to visit soon. If everything goes well, I will want to bring her here on a K-1 visa. However, I'm in the middle of divorce proceedings with my soon to be ex-wife. Must my divorce be finalized before I can file the initial paperwork for the K-1 visa? Also, is there a time period after one visits their fiancee that they must file within?

Thanks in advance for your answers.

Both must be totally free and clear to marry when the petition is filed. So to answer your first question, Yes.

You must have proof of meeting in person within the past two years prior to the date of filing; it could be the day before the filing date but not more than two years, exactly, on the filing date (which is not the day of mailing but the date they receive and enter the petition into their system).

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<grin> This is rich.

Getting ready to file the fiance visa but she isnt your fiance yet and getting ready to get married and you aren't divorced yet

To answer your question:

Considering that one of the primary eligibility documents required to file the K1 petition is a divorce decree you wont be filing %^#^ until you get your divorce finalized.

Once that's done - and assuming she says yes - you can file within (2) years of meeting in person.

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Hi,

I have a girlfriend in the Philippines who I plan to visit soon. If everything goes well, I will want to bring her here on a K-1 visa. However, I'm in the middle of divorce proceedings with my soon to be ex-wife. Must my divorce be finalized before I can file the initial paperwork for the K-1 visa? Also, is there a time period after one visits their fiancee that they must file within?

Thanks in advance for your answers.

Yes the divorce must be final before you file the petition and you must attach a copy of the final court decree with the court stamp registering the divorce.

You must have met together in person within 2 years preceding the filing of the petition. If you visit her now, you are good until this date in 2014

Edited by Gary and Alla

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Depending on the country Divorce followed by a K1 petition can raise red flags... sometimes moving too fast can cause things to take far longer than normal.

What sort of issues could potentially arise?

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Question on validity of relationship or just to commit visa fraud.

Do you think it makes a difference who filed for divorce in my previous relationship?

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It does not matter who filed for divorce.

It is correct that proof of meeting a new potential spouse before a divorce is final might raise trigger elevated interest in the eyes of the IO

Do you think it makes a difference who filed for divorce in my previous relationship?

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A short duration between divorce and a K1 petition can raise flags for several reasons. For one, it may be contrary to the cultural norms of the beneficiary's country if there's a customary length of time for engagement there.

Also, in some countries, there's a scam where people sham-divorce then petition a friend/family member of the ex on a fiance visa. Once the "new girl" has arrived in the US and adjusted status, the "ex" and the petitioner get back together. If your ex is from the same country as your fiance, it magnifies the chances that this suspicion will arise along the way.

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