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wishiwasthere23

Seperated in Canada. Can my finace still apply for a K1

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Filed: K-1 Visa Country: Canada
Timeline

Hi All,

First off, i am very happy i found this site.

After google searching like mad, and no help, I would like you to get some of your opinions on this matter.

My fiance in the US and I, want to start the I-129F petition. I am currently seperated in Canada from my husband, but haven't started the divorce procedings yet. We have been seperated for over a year. Just wondering if we should(have to) wait till my divorce is final before applying or can he still do the petition with me being seperated.

Thank you all for your help, its greatly appreciated. :)


Met online June 10 2007

Met in person August 17, 2007

Engaged Dec 2007

I-29F sent August 27, 2008

I-29F received by VSC California September 3, 2008

RFE received December 22, 2008 (more info req'd) UGGGGHHH

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Filed: Country: United Kingdom
Timeline
Hi All,

First off, i am very happy i found this site.

After google searching like mad, and no help, I would like you to get some of your opinions on this matter.

My fiance in the US and I, want to start the I-129F petition. I am currently seperated in Canada from my husband, but haven't started the divorce procedings yet. We have been seperated for over a year. Just wondering if we should(have to) wait till my divorce is final before applying or can he still do the petition with me being seperated.

Thank you all for your help, its greatly appreciated. :)

You have to supply the final divorce decree with the petition so you would have to wait until your divorce finalizes. I would get on it as quickly as possible if you want to file your petition soon.


David and I met online December of 2006 and spent a year getting to know each other online and with visits! He proposed to me July 2007 onstage at my Favorite bands (candlebox) concert in Florida .We found out we were expecting a child January 31st sadly due to an ectopic pregnancy we lost the baby and almost lost me as well on February 8th. We then decided to get married if my long and drawn out divorce finalized before David was due to go back on April 13th

Divorced finalized March 20th

3/30/2008 MARRIED !!!!

4/11/2008 I 130 , I 485, 1765 and I131 Mailed to Chicago Lockbox

4/21/2008 first NOA for everything

5/17/2008 RFE for Affidavit of support

5/20/2008 mailed in response to RFE

5/22/2008 Biometrics

6/10/2008 EAD Card production ordered!!!!

6/10/2008 I131 Approved YAY we can visit England again!! (nobody from there could make our short notice wedding)

10/28 Interview date

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Your divorce has to be final. One of the things you will need to provide is a copy of your divorce decree. However, there is nothing stopping you from gathering the rest of your documents and researching the process so you are set to go as soon as the divorce is final.


K1

10/02/2007 ~ Sent I-129F to CSC

2/27/2008 ~ NOA2!!! (148 days)

5/27/2008 ~ Interview --- APPROVED!!

5/28/2008 ~ Visa in hand (239 days)

7/17/2008 ~ POE Portal, North Dakota

7/26/2008 ~ Marriage

AOS

8/26/2008 ~ Sent AOS/AP/EAD to Chicago lockbox

9/18/2008 ~ Biometrics in St Louis

9/22/2008 ~ Transferred to CSC

11/05/2008 ~ AP/EAD approved (71 days)

1/20/2009 ~ AOS approved!!! (147 days)

1/29/2009 ~ 2-year GC arrived (156 days)

Removing Conditions

11/18/2010 ~ Sent I-751 to CSC

11/19/2010 ~ I-751 delivered to CSC

11/19/2010 ~ NOA1

12/10/2010 ~ Received biometrics letter

12/21/2010 ~ Biometrics in St Louis

12/29/2010 ~ Touch

1/04/2011 ~ Case status finally available online

2/16/2011 ~ Approved!! (89 days)

2/22/2011 ~ 10-year GC arrived (95 days)

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Must be divorced :)

Since you have been separated for over a year, you have reason to file the papers. Mine took about 3 months from filing to divorce paper in hand.

Best of luck!!!

Edited by ~Laura and Nick~

Let's Keep the Song Going!!!

CANADA.GIFUS1.GIF

~Laura and Nicholas~

IMG_1315.jpg

Met online November 2005 playing City of Heroes

First met in Canada, Sept 22, 2006 <3

September 2006 to March 2008, 11 visits, 5 in Canada, 6 in NJ

Officially Engaged December 24th, 2007!!!

Moved to the U.S. to be with my baby on July 19th, 2008 on a K1 visa!!!!

***10 year green card in hand as of 2/2/2012, loving and living life***

Hmmm maybe we should move back to Canada! lol smile.png

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Filed: AOS (apr) Country: Philippines
Timeline
Must be divorced :)

Best of luck!!!

Technically the standard is that both parties need to be "free to marry" at the time of the petition filing... for a previously married individual, divorce is the most common but anullment also fits the definition

Edited by fwaguy

YMMV

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Filed: K-1 Visa Country: Ukraine
Timeline

I would think you will have to be divorced since when you file the K1 it asks for previous marriages and I am certain you will have to prove you are no longer married and submit a divorce decree. Just a thought. :unsure:

Hi All,

First off, i am very happy i found this site.

After google searching like mad, and no help, I would like you to get some of your opinions on this matter.

My fiance in the US and I, want to start the I-129F petition. I am currently seperated in Canada from my husband, but haven't started the divorce procedings yet. We have been seperated for over a year. Just wondering if we should(have to) wait till my divorce is final before applying or can he still do the petition with me being seperated.

Thank you all for your help, its greatly appreciated. :)

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Must be divorced :)

Best of luck!!!

Technically the standard is that both parties need to be "free to marry" at the time of the petition filing... for a previously married individual, divorce is the most common but anullment also fits the definition

sigh...do you have to always be so particular?

I was simply meaning that she has to get divorced (not married) in order to file.


Let's Keep the Song Going!!!

CANADA.GIFUS1.GIF

~Laura and Nicholas~

IMG_1315.jpg

Met online November 2005 playing City of Heroes

First met in Canada, Sept 22, 2006 <3

September 2006 to March 2008, 11 visits, 5 in Canada, 6 in NJ

Officially Engaged December 24th, 2007!!!

Moved to the U.S. to be with my baby on July 19th, 2008 on a K1 visa!!!!

***10 year green card in hand as of 2/2/2012, loving and living life***

Hmmm maybe we should move back to Canada! lol smile.png

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Must be divorced :)

Best of luck!!!

Technically the standard is that both parties need to be "free to marry" at the time of the petition filing... for a previously married individual, divorce is the most common but anullment also fits the definition

True, but the question was:

I am currently seperated in Canada from my husband, but haven't started the divorce procedings yet. We have been seperated for over a year. Just wondering if we should(have to) wait till my divorce is final before applying

Just as an aside, there are pretty limited circumstances in which a couple can have a marriage anulled.


K1

10/02/2007 ~ Sent I-129F to CSC

2/27/2008 ~ NOA2!!! (148 days)

5/27/2008 ~ Interview --- APPROVED!!

5/28/2008 ~ Visa in hand (239 days)

7/17/2008 ~ POE Portal, North Dakota

7/26/2008 ~ Marriage

AOS

8/26/2008 ~ Sent AOS/AP/EAD to Chicago lockbox

9/18/2008 ~ Biometrics in St Louis

9/22/2008 ~ Transferred to CSC

11/05/2008 ~ AP/EAD approved (71 days)

1/20/2009 ~ AOS approved!!! (147 days)

1/29/2009 ~ 2-year GC arrived (156 days)

Removing Conditions

11/18/2010 ~ Sent I-751 to CSC

11/19/2010 ~ I-751 delivered to CSC

11/19/2010 ~ NOA1

12/10/2010 ~ Received biometrics letter

12/21/2010 ~ Biometrics in St Louis

12/29/2010 ~ Touch

1/04/2011 ~ Case status finally available online

2/16/2011 ~ Approved!! (89 days)

2/22/2011 ~ 10-year GC arrived (95 days)

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Filed: Country: Jamaica
Timeline

True on the annullment part. But, the rules do say "free to marry" so the answer to this question is NO, you cannot petition for any type of marriage based visa without divorcing first. No way around it.


Life's just a crazy ride on a run away train

You can't go back for what you've missed

So make it count, hold on tight find a way to make it right

You only get one trip

So make it good, make it last 'cause it all flies by so fast

You only get one trip

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Filed: AOS (apr) Country: Philippines
Timeline
Must be divorced :)

Best of luck!!!

Technically the standard is that both parties need to be "free to marry" at the time of the petition filing... for a previously married individual, divorce is the most common but anullment also fits the definition

True, but the question was:

I am currently seperated in Canada from my husband, but haven't started the divorce procedings yet. We have been seperated for over a year. Just wondering if we should(have to) wait till my divorce is final before applying

Just as an aside, there are pretty limited circumstances in which a couple can have a marriage anulled.

True but apparently some people forget that members other than the OP, who may have the same question, might read this thread... and if you are from the Phillipines for example, anullment is the only option.... sheesh

Edited by fwaguy

YMMV

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Filed: Other Country: China
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Must be divorced :)

Best of luck!!!

Technically the standard is that both parties need to be "free to marry" at the time of the petition filing... for a previously married individual, divorce is the most common but anullment also fits the definition

True, but the question was:

I am currently seperated in Canada from my husband, but haven't started the divorce procedings yet. We have been seperated for over a year. Just wondering if we should(have to) wait till my divorce is final before applying

Just as an aside, there are pretty limited circumstances in which a couple can have a marriage anulled.

True but apparently some people forget that members other than the OP, who may have the same question, might read this thread... and if you are from the Phillipines for example, anullment is the only option.... sheesh

Please excuse the pontification but those who post such clarifications are wise to do so. This board is for more than answering specific questions for each OP. It is wise to write for the edification of the future reader BECAUSE it is wise to read more than we post and read more than the threads we originate. That's how the process is learned.

Filing for a fiance visa requires both petitioner and beneficiary are free to marry. Documents required as evidence from those with previous marriages are, divorce decrees, annulment papers or death certificates, as appropriate or applicable.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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