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mikeriza

Should I start the process?

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I am a newbie and was just reading through some of the posts. Lots of useful information. I am in California and my fiancee is in the Philippines. I have been legally separated from my ex-wife for more than 15 yrs. The divorce is in progress. I am wondering if I should start the k1 visa for my fiancee while my divorce is pending. Any help would be greatly appreciated.

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No. You must be divorced and legally able to marry at the time your petition if filed. You must include a copy of your divorce decree with the I-129F petition.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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I am a newbie and was just reading through some of the posts. Lots of useful information. I am in California and my fiancee is in the Philippines. I have been legally separated from my ex-wife for more than 15 yrs. The divorce is in progress. I am wondering if I should start the k1 visa for my fiancee while my divorce is pending. Any help would be greatly appreciated.

Are you currently LEGALLY FREE TO MARRY?? That is a requirement for filing the I-129F petition. ;)

http://www.visajourney.com/forums/forum/129-philippines/


Hank

"Chance Favors The Prepared Mind"

 

      HandArrow.gif.adeb854ba620933849ae921ca0b44a0c.gif  Link to the Visa Process for Manila Embassy once you have your NOA2 : Click Here

 

Contact Hank: HERE

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The above responses are certainly accurate. However, one thing you CAN do is gather and organize all the other needed evidence, such as pictures of you and your fiancee together, receipts from airlines and hotels, the G325a for both of you, letters of intent, passport pictures, birth certificates, etc. etc. etc. Then, once your current divorce is finalized, and you have your decree, then you're off and running :)

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I am a newbie and was just reading through some of the posts. Lots of useful information. I am in California and my fiancee is in the Philippines. I have been legally separated from my ex-wife for more than 15 yrs. The divorce is in progress. I am wondering if I should start the k1 visa for my fiancee while my divorce is pending. Any help would be greatly appreciated.

You need to wait for the divorce to be finalized before you can even begin. I can understand how eager you might be to want to get things started, believe me I was in that exact same situation. I was also waiting on my divorce to finalize before I could even file.

How long do you anticipate the divorce will take?


K-1
NOA1: 04/08/2014; NOA2: 04/21/2014; Visa interview, approved: 07/15/2014; POE: 07/25/2014; Marriage: 09/05/2014

 

AOS

NOA1:  09/12/2014;  Biometrics:  10/06/2014;  EAD/AP Received:  11/26/2014;

Interview Waiver Letter:  01/02/2015;  RFE:  07/09/2015;

Permanent Residency Granted:  07/27/2015;  Green card Received:  08/22/2015

 

ROC

05/23/2017 -- Mailed ROC application

05/24/2017 -- NOA1 date

05/30/2017 -- NOA1 received in the mail

06/05/2017 -- Biometrics letter received

06/13/2017 -- Biometrics appointment

09/05/2018 -- Approved without interview!

09/13/2018 -- 10 Yr Green card Received

 

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Just another additional thing to consider.....in some states there is a waiting period between being divorced and when you can remarry. If you live in one of these states, then the free to marry is not when you are divorced but when the state requirement says you are free to marry.


Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

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

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STATE Waiting Period from "Date of Divorce" Alabama: 60 Days. Alaska: None. Arizona: None. Arkansas: None. California: None. Colorado: None. Connecticut: None. Dist of Columbia: None. Delaware: None. Florida: None. Georgia: None. Hawaii: None. Idaho: None. Illinois: None. Indiana: None. Iowa: None. Kansas: 30 days. Kentucky: None. Louisiana: None. Maine: None. Maryland: None. Massachusetts: None. Michigan: None. Minnesota: None. Mississippi: None. Missouri: None. Montana: None. Nebraska: 180 days. Nevada: None. New Hampshire: None. New Jersey: None. New Mexico: None. New York: None. North Carolina: None. North Dakota: None. Ohio: None. Oklahoma: 180 Days. Oregon: None. Pennsylvania: None. Rhode Island: None. South Carolina: None. South Dakota: None. Tennessee: None. Texas: 30 Days. Utah: None. Vermont: None. Virginia: None. Washington: None. West Virginia: None. Wisconsin: 180 Days. Wyoming: None.

Navigate: Home Divorce Law Reference Tables Remarriage Waiting Period After Divorce is Final

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~~One post removed for not contributing to the thread. Stick to the question or do not post.~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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If you filed your divorce in California, there is another option to speed up the legality to remarry and thus start your K1 process. In California you can get a bi-furcated divorce. This means that the legal binding between you and your ex is severed and you are legally allowed to remarry. This allows for other things such as property, alimony, child support to be settled at a later time. This is what I did so I could start the K1 process. I married my fiancé 1.5 years ago, and we still have a couple of non-settled items with my ex in California :)

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All excellent advice.

1) Learning and preparing for K1 visa will take some time

as you need to gather information from both sides and

bona fide relationship evidence. So you can certainly start

this in parallel to your divorce proceeding.

2) Another potential good news is, many Filipinos have been

expedited to a point they can come to US in 2 months or so.

Therefore, look into expediting the process and see what's required,

and under what condition (like effected by hurricane) they allow this.

3) Lastly, though you have to complete your divorce first,

if you take the time now to bulletproof your application

she can be here much quicker than other country beneficiaries.

Good luck...


10-04-2013 We met online
11-21-2013 We met in person in Shanghai for 2 weeks

12-13-2013 I-129F packet sent via express

12-19-2013 USCIS NOA #1 (text and email) received

12-24-2013 USCIS assigns Alien Registration Number
12-31-2013 USCIS NOA #1 hard copy received
06-02-2014 USCIS web site shows NOA #2 approval
06-06-2014 USCIS web site shows case sent to NVC

06-xx-2014 Fiancee acquired birth, marriage, and police certificates from local police station (wrong)

06-16-2014 NVC creates case with GUZ### number

06-19-2014 NVC sends case sent to Guangzhou, China
06-24-2014 Received packet 3 express mail from embassy
06-25-2014 Completed DS-160 and paid K1 visa fee

06-26-2014 Mailed packet 3 response back to Embassy

06-26-2014 Requested police certificate from Russian embassy

07-08-2014 Received packet 4 email from Embassy

07-17-2014 Picked up Russian police certificate

07-25-2014 Fiancee medical exam (received MMR & Varicella, but they missed required TD shot)

07-31-2014 Picked up medical exam reports

08-01-2014 Request (correct) birth, marriage, and police certificates from Notarial Service (GongZhengChu)

08-06-2014 Picked up birth, marriage, and police certificates from Notarial Service

08-14-2014 Passed Interview Guangzhou embassy

09-01-2014 Received passport, visa, & sealed envelope

09-13-2014 POE

09-17-2014 Went to CBP office to get (US entry) I-94 updated correctly

09-18-2014 Applied for Social Security Card
09-19-2014 Applied for Marriage License (via online)
09-25-2014 Received Social Security Card
09-30-2014 Picked up Marriage License
10-09-2014 Marriage by Justice of Peace
10-09-2014 Got Certified Marriage Certificate Copies
10-17-2014 Received a letter from SS office that they need the marriage license
10-09-2014 Applied to change the social security card name
10-24-2014 Went back to SS office to provide the marriage certificate documents again!!!
12-09-2014 Submitted AOS, EAD, and AP
12-16-2014 Received 16 emails and 16 text NOA messages
01-05-2015 Received Biometrics appointment letter for (01-12-2015)
01-12-2015 Had Biometrics (fingerprint & picture) - Required Marriage Certificate!!!
02-17-2015 EAD and AP is approved
02-23-2015 Received AP is approval letter
02-25-2015 Received EAD/AP combo card (expires 02/16/2016)
02-27-2015 Applied for SS card name change (they took her SS card)
02-27-2015 Driver's learner permit test was denied since the SS card was given to SS office for name change
03-17-2015 Received SS card with married name
03-17-2015 Started to change all her accounts to married name
03-23-2015 Received potential interview waiver letter
03-27-2015 DMV rejects learner's permit due to "legal status=pending" and vision test failure
04-05-2015 Vision test for learner's permit
04-06-2015 DPS sent us letter that DHS cleared my wife's status to acquire driver's license.
04-10-2015 Passed Driver Learner's Permit
04-22-2015 Received Driver Learner's Permit ID card (expires 02/16/2016)
08-27-2015 Green Card approved
08-31-2015 Received Green Card "Welcome Notice Was Mailed" letter
09-05-2015 Received Green card
10-26-2015 Passed Driver's License Road Test (on 3rd attempt)
11-03-2015 Received Driver's License (expires 02/16/2022)
11-06-2015 Applied to remove conditional work remark on SS card
11-23-2015 Received updated Social Security Card.
- - - - - - - - - - Pending Future Processing - - - - - - - - - -
05-27-2017 File 10 Year Green Card
08-27-2017 2 Year Green Card Expires
05-27-2018 File USC

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Thanks for all the good advice from everybody. I am in California, and there is a 6 month and 1 day waiting period. Divorce should be finalized in the next couple of months. I was just wondering how far I could go with the process, maybe complete the first few steps, so it looks like I should start getting together all the paperwork, then as soon as the divorce is finalized, then I can file. Appreciate everybody's help.

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The divorce decree has to have a date that is before your NOA1 date (this is the date they give your application when you submit the first package). If you don't have a decree or judge's order indicating you are legally divorced, you will be rejected and waste the money you spent on the application. This is super important. If you submit your package knowing that your divorce is close, and the NOA1 date is before the decree, they will reject the entire thing and make you start over.

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