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

[wishiwasthere23 0]

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.

[Missing.him 0]

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.

[SonoranSongbird 3]

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.

[~Laura and Nick~ 5]

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 January 22, 2008 by ~Laura and Nick~

[payxibka 10,044]

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 January 22, 2008 by fwaguy

[zqt3344 21]

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.

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.

[~Laura and Nick~ 5]

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.

[SonoranSongbird 3]

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.

[*JG* 2]

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.

[payxibka 10,044]

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 January 22, 2008 by fwaguy

[pushbrk 12,106]

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.