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Petition requirements

#1 med1023

med1023

    Junior Member

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Posted 08 March 2013 - 06:12 PM

Hello everyone
Someone told me that I can't file for a K-1 fianc嶪 visa because my fianc嶪 and I entered the relationship before my divorce was final, I thought it only had to be final before I file the petition. Does anyone know if this info is correct? My divorce was finalized on January 29 2013, was hoping to send out the petition today. Thanks
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#2 Ning

Ning

    Diamond Member



Posted 08 March 2013 - 06:17 PM

Hello everyone
Someone told me that I can't file for a K-1 fianc嶪 visa because my fianc嶪 and I entered the relationship before my divorce was final, I thought it only had to be final before I file the petition. Does anyone know if this info is correct? My divorce was finalized on January 29 2013, was hoping to send out the petition today. Thanks

Send the petition.
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#3 med1023

med1023

    Junior Member

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Posted 08 March 2013 - 06:19 PM

I'm gonna send it first thing in the morning. Hope everything works out with it.
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#4 UK-USA-K1

UK-USA-K1

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Posted 08 March 2013 - 06:20 PM

Sorry, I can't answer that with any certainty, but I will say that I met my fiance after deciding to divorce from my ex-wife, but before the divorce was finalized. My ex took her sweet time doing each of her portions of the divorce as well, so it took some time to get done. I don't expect it to be an issue, but you have raised my curiosity now. I'm sure some folks here have finished the process and can assure that it is ok

If it were a spousal visa, I think that might raise some flags, but it shouldn't IMO for a fiance visa

Edited by UK-USA-K1, 08 March 2013 - 06:21 PM.

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FILE FOR K-1                                                                                           Adjustment of Status
January 31.2010 - Met Online                                                                      April 10, 2014 - Mailed in I-485 + I-765 
February 20, 2011 - Met in Person                                                                April 14, 2014 - Forms arrived at Chicago Lockbox
July 28, 2012 - Engaged                                                                             April 17, 2014 - Acceptance email arrived stating case forwarded to NBC
February 5, 2013 - Mailed I-129F to Lewisville, TX                                           April 27, 2014 - Received letter for Biometrics appointment
February 6, 2013 - USPS Receipt/Delivered I-129F                                          April 28, 2014 - Received Acceptance NOA1 hard copies for AOS and EAD
February 8, 2013 - NOA1 Notice Date                                                            May 12, 2014 - Biometrics Appointment Done
February 11, 2013 - Bank shows check cashed today                                       May 15, 2014 - Interview Schedule Letter (received May 17, 2014) 
February 11, 2013 - E-Mail Notification of Case Acceptance and                         June 5, 2014 - Interview Scheduled at Local office 8:15 a.m.
                            Case Number (Routed to California Service Center)             June 11, 2014 - USCIS Status updated to show Greencard in the mail 
February 12, 2013 - E Mail Notification of Alien Registration Number Change                              w/USPS tracking showing it scheduled to arrive
February 15, 2013 - Hard Copy NOA1 received                                                                      June 14, 2014
June 5, 2013 - Email notice of RFE                                                               June 13, 2014 - GreenCard arrived
June 6, 2013 - RFE postmarked
June 10, 2013 - RFE arrived in the mail
June 11, 2013 - RFE mailed back Express USPS
June 12, 2013 - RFE received @ CSC / USCIS website updated to reflect this
June 20, 2013 - I-129F Approved
June 24, 2013 - NOA2 Hard Copy Received
June 28, 2013 - NVC Assigned Case Number
July 2, 2013 - NVC shipped case to London
July 9, 2013 - London Received Case File
July 13, 2013 - Packet 3 Instructions Received
July 17, 2013 - Packet 3 Forms Mailed (Except DS-2001)
July 30, 2013 - DS-2001 sent (arrived July 31)
July 30, 2013 - Medical Scheduled (and completed w/no issues)
August 5th - Medical Results Logged in
August 8th - DS-2001 Logged in
August 20, 2013 - Interview Date Set
September 17, 2013 - Interview at 8:00 a.m. (APPROVED)
Waiting for VISA...
September 25, 2013 - Visa Delivered
October 8, 2013 - POE Las Vegas, NV
October 11, 2013 - Married
October 13th - HOME 

#5 dailypattern

dailypattern

    Member

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Posted 08 March 2013 - 06:21 PM

Hello everyone
Someone told me that I can't file for a K-1 fianc嶪 visa because my fianc嶪 and I entered the relationship before my divorce was final, I thought it only had to be final before I file the petition. Does anyone know if this info is correct? My divorce was finalized on January 29 2013, was hoping to send out the petition today. Thanks



Hi. I believe that you CAN still file for the k1, it just may look a little suspicious, so you may have some explaining to do at the interview. For example, if you and your ex-wife were legally separated and living apart when you met your current fianc, I do not think you can be denied for something like that. I would say go ahead and file, now that your divorce is final. Good luck.
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#6 med1023

med1023

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Posted 08 March 2013 - 06:22 PM

Yeah mine took a very long time as well, when my friend told me that today it caught me off guard. From what I been reading I think I'll be ok. Thanks
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#7 jasmine427

jasmine427

    Member

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Posted 08 March 2013 - 07:44 PM

you can file the petition.. my fiance and i started our relationship october and his divorce was granted December. the CO didnt asked me about it when i had my interview..
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#8 Tahoma

Tahoma

    ...happily everafter...



Posted 08 March 2013 - 09:41 PM

Your friend is wrong.
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~ Tahoma and Chinook ~

~ Our K-1 visa journey ~



w8wwxaqfn49.png


#9 med1023

med1023

    Junior Member

  • PipPip


Posted 08 March 2013 - 10:18 PM

Thank you everyone for all the info :)
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#10 Gary and Alla

Gary and Alla

    Я вижу тебя



Posted 08 March 2013 - 11:23 PM

Hello everyone
Someone told me that I can't file for a K-1 fianc嶪 visa because my fianc嶪 and I entered the relationship before my divorce was final, I thought it only had to be final before I file the petition. Does anyone know if this info is correct? My divorce was finalized on January 29 2013, was hoping to send out the petition today. Thanks

You are fine for the petition. An approved petition is NOT a visa, however. There have been visas denied because a relationship began before a divorce was finalized, and there are even some recent examples of that right here in these forums...use the forum search. Such denials are consulate specific and I am not sure ANY of them were in Manila, but you can ask in the PI forum where you have a bunch of people with specific experience.
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VERMONT!  I Reject Your Reality...and Substitute My Own!

Gary And Alla


#11 Tania2013

Tania2013

    Member

  • PipPipPip


Posted 09 March 2013 - 06:09 PM

I'm filling out a i-130, it is necessary that I also fill out a G-325A? Please let me know I need to send all the documents on Monday 3/11/13. What else do I need to send out.
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#12 UK-USA-K1

UK-USA-K1

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Posted 09 March 2013 - 06:47 PM

I'm filling out a i-130, it is necessary that I also fill out a G-325A? Please let me know I need to send all the documents on Monday 3/11/13. What else do I need to send out.


you will probably get better answers in the proper forum, I filed the I-129F for K-1 visa, so don't know the answers to your particular case. The guides here are very helpful. Between the proper forum and the guides you should be set.

Guide:

http://www.visajourn...tent/i130guide1

I-130 Forum:

http://www.visajourn...ess-procedures/


Hope these help
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FILE FOR K-1                                                                                           Adjustment of Status
January 31.2010 - Met Online                                                                      April 10, 2014 - Mailed in I-485 + I-765 
February 20, 2011 - Met in Person                                                                April 14, 2014 - Forms arrived at Chicago Lockbox
July 28, 2012 - Engaged                                                                             April 17, 2014 - Acceptance email arrived stating case forwarded to NBC
February 5, 2013 - Mailed I-129F to Lewisville, TX                                           April 27, 2014 - Received letter for Biometrics appointment
February 6, 2013 - USPS Receipt/Delivered I-129F                                          April 28, 2014 - Received Acceptance NOA1 hard copies for AOS and EAD
February 8, 2013 - NOA1 Notice Date                                                            May 12, 2014 - Biometrics Appointment Done
February 11, 2013 - Bank shows check cashed today                                       May 15, 2014 - Interview Schedule Letter (received May 17, 2014) 
February 11, 2013 - E-Mail Notification of Case Acceptance and                         June 5, 2014 - Interview Scheduled at Local office 8:15 a.m.
                            Case Number (Routed to California Service Center)             June 11, 2014 - USCIS Status updated to show Greencard in the mail 
February 12, 2013 - E Mail Notification of Alien Registration Number Change                              w/USPS tracking showing it scheduled to arrive
February 15, 2013 - Hard Copy NOA1 received                                                                      June 14, 2014
June 5, 2013 - Email notice of RFE                                                               June 13, 2014 - GreenCard arrived
June 6, 2013 - RFE postmarked
June 10, 2013 - RFE arrived in the mail
June 11, 2013 - RFE mailed back Express USPS
June 12, 2013 - RFE received @ CSC / USCIS website updated to reflect this
June 20, 2013 - I-129F Approved
June 24, 2013 - NOA2 Hard Copy Received
June 28, 2013 - NVC Assigned Case Number
July 2, 2013 - NVC shipped case to London
July 9, 2013 - London Received Case File
July 13, 2013 - Packet 3 Instructions Received
July 17, 2013 - Packet 3 Forms Mailed (Except DS-2001)
July 30, 2013 - DS-2001 sent (arrived July 31)
July 30, 2013 - Medical Scheduled (and completed w/no issues)
August 5th - Medical Results Logged in
August 8th - DS-2001 Logged in
August 20, 2013 - Interview Date Set
September 17, 2013 - Interview at 8:00 a.m. (APPROVED)
Waiting for VISA...
September 25, 2013 - Visa Delivered
October 8, 2013 - POE Las Vegas, NV
October 11, 2013 - Married
October 13th - HOME 

#13 biaobiao

biaobiao

    Senior Member

  • PipPipPipPipPip


Posted 10 March 2013 - 08:25 AM

most likely you should be okay. The CO or immigration is concerned if your relationship is true. as long as the divorce is final. your divorce is legit. relationship is legit... just be prepared if the CO asked for explanation though.. give your fiancee all the right info
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