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

#1 Pierluigi

Pierluigi

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  • Joined: 09 Feb 2012

Posted 09 February 2012 - 01:37 PM

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.
  • 0

#2 baron555

baron555

    Super Star Member



Posted 09 February 2012 - 01:46 PM

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).
  • 0
Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

#3 himher

himher

    On permanent probation



Posted 09 February 2012 - 01:58 PM

<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.
  • 0

 

i don't get it.


#4 Gary and Alla

Gary and Alla

    Я вижу тебя



Posted 09 February 2012 - 02:25 PM

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, 09 February 2012 - 02:28 PM.

  • 0

VERMONT!  I Reject Your Reality...and Substitute My Own!

Gary And Alla


#5 ScottThuy

ScottThuy

    Tenured Member



Posted 09 February 2012 - 02:35 PM

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.
  • 0
"Every one of us bears within himself the possibilty of all passions, all destinies of life in all its forms. Nothing human is foreign to us" - Edward G. Robinson.

#6 Pierluigi

Pierluigi

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Posted 09 February 2012 - 03:14 PM

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?
  • 0

#7 baron555

baron555

    Super Star Member



Posted 09 February 2012 - 03:29 PM

What sort of issues could potentially arise?




Question on validity of relationship or just to commit visa fraud.
  • 0
Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

#8 Pierluigi

Pierluigi

    Newbie

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  • Joined: 09 Feb 2012

Posted 09 February 2012 - 04:00 PM

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?
  • 0

#9 himher

himher

    On permanent probation



Posted 10 February 2012 - 12:21 AM

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?


  • 0

 

i don't get it.


#10 Stephen + Elisha

Stephen + Elisha

    Platinum Member



Posted 10 February 2012 - 12:47 AM

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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Improved USCIS Form G-325A (Biographic Information)
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http://tinyurl.com/l...5a_improved.pdf




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