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K1 Visa

#1 calden

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Posted 04 September 2012 - 01:12 AM

Can my fiance file a k1 visa (I-129f) while waiting for my annulment? The finality will be at the end of this year. Your reply is highly appreciated. Thanks :)
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#2 Jay-Kay

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Posted 04 September 2012 - 01:15 AM

Can my fiance file a k1 visa (I-129f) while waiting for my annulment? The finality will be at the end of this year. Your reply is highly appreciated. Thanks :)

No. You both must be free to marry at the time the I-129F petition is filed.
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Link to K-1 forms and instructions for Ciudad Juarez, Mexico >
http://ciudadjuarez....ianceforms.html

-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K-1 --> I-129F Sent: 05/26/10 - NOA2: 07/02/10 -
Interview: 09/21/10-APPROVED! - Wedding: 12/12/10
AOS--> I-485 Sent: 01/25/11 - Bio: 02/24/11 - EAD/AP: 04/09/11 - Interview: 05/18/11-APPROVED! - GC: 05/26/11
ROC--> I-751 Sent: 03/21/13
- Bio: 04/25/13

#3 TnJ

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Posted 04 September 2012 - 05:26 AM

Kay is right. You are going to need those annulment papers to send with your petition as well.
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Our K-1 Journey
Spoiler

03/27/13-AOS,EAD,AP delivered
04/03/13-NOAs text/email
04/08/13-NOAs received
04/26/13-Biometrics appointment(walk-in done 04/17)

#4 calden

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Posted 04 September 2012 - 07:47 AM

No. You both must be free to marry at the time the I-129F petition is filed.



My US citizen fiance is free to marry but not me i'm still waiting for my annulment...Am i going to wait still for that..
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#5 Celeste & C

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Posted 04 September 2012 - 07:49 AM

My US citizen fiance is free to marry but not me i'm still waiting for my annulment...Am i going to wait still for that..


Yes. You BOTH need to be free to marry, not just one of you.
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#6 Penguin_ie

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Posted 04 September 2012 - 08:50 AM

Yes. You BOTH need to be free to marry, not just one of you.


:thumbs:
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Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

#7 TnJ

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Posted 04 September 2012 - 05:11 PM

My US citizen fiance is free to marry but not me i'm still waiting for my annulment...Am i going to wait still for that..

The question was answered for you twice. Also, I made mention that you would need those annulment papers when you file the petition. This means for either one of you or both of you.
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Our K-1 Journey
Spoiler

03/27/13-AOS,EAD,AP delivered
04/03/13-NOAs text/email
04/08/13-NOAs received
04/26/13-Biometrics appointment(walk-in done 04/17)

#8 Jay-Kay

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Posted 04 September 2012 - 05:35 PM

The question was answered for you twice. Also, I made mention that you would need those annulment papers when you file the petition. This means for either one of you or both of you.

Indeed. It was answered clearly, and it is stated clearly in the I-129F instructions.


Who May File Form I-129F

You may file this petition if:

1. You are a U.S. citizen, and

2. You and your fiancé(e) intend to marry within 90 days of your fiancé(e) entering the United States, and are both free to marry, and have met in person within two years before your filing of this petition unless:
...

5. What Documents Do You Need to Prove That You Can Legally Marry?

...
D. If either you or your fiancé(e) were married before, give copies of documents showing that each prior marriage was legally terminated.

Edited by Jay-Kay, 04 September 2012 - 05:39 PM.

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Link to K-1 forms and instructions for Ciudad Juarez, Mexico >
http://ciudadjuarez....ianceforms.html

-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K-1 --> I-129F Sent: 05/26/10 - NOA2: 07/02/10 -
Interview: 09/21/10-APPROVED! - Wedding: 12/12/10
AOS--> I-485 Sent: 01/25/11 - Bio: 02/24/11 - EAD/AP: 04/09/11 - Interview: 05/18/11-APPROVED! - GC: 05/26/11
ROC--> I-751 Sent: 03/21/13
- Bio: 04/25/13

#9 calden

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Posted 06 September 2012 - 11:10 AM

Indeed. It was answered clearly, and it is stated clearly in the I-129F instructions.


Who May File Form I-129F

You may file this petition if:

1. You are a U.S. citizen, and

2. You and your fiancé(e) intend to marry within 90 days of your fiancé(e) entering the United States, and are both free to marry, and have met in person within two years before your filing of this petition unless:
...

5. What Documents Do You Need to Prove That You Can Legally Marry?

...
D. If either you or your fiancé(e) were married before, give copies of documents showing that each prior marriage was legally terminated.


So we'll have to wait still...thanks for all the replies :)
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