without divorce in hand...

[salma09 0]

helo everybody

one friend needs help pls, they are processing k1 but the problem is that her fiance is already married, he did not get his divorce yet because his ex left him once she came to US and everything is in the hand of the lawyer, he could not find his ex to divorce her, now he wants to marry a moroccan girl and using k1 , i don t know if they are going to check about him and find out that he is married....what will happend for k1 ...thanks

[snowfrostedlashes 0]

Your friend cannot apply for a K1 visa while still married to someone else. If previously married the paperwork specifically requires that the final divorce decree is included at the time of filing - and even if this was sent later because it was accidentally not included it would have to be dated BEFORE the date of applying for K1.

Simply, the K1 will be rejected as the appliant is not free to marry.

[Sal and Jay 2]

The K1 visa requires that both parties are free to marry and therefore as they are not free to marry the K1 is not an option.

[salma09 0]

Ok thanks a lot ...

[Jasman0717 9]

Read the guide here on VJ. Each must be legally able to marry. The person can divorce without serving the respondant. Suggest that they see an attorney.

[salma09 0]

ok thank you can you give me a link ........

[*JG* 2]

We need to put up some sort of general warning............Isn't is kind of common sense that you can't do anything with a new fiance/wife until you are actually free to marry?

[BlakeandOlha 0]

We need to put up some sort of general warning............Isn't is kind of common sense that you can't do anything with a new fiance/wife until you are actually free to marry?

One would think, however, I've seen this question pop up enough to suggest this sense isn't that common

[truffles 2]

I actually think it is common sense and absolutely correct for the divorce to be definate before applying - without that requirement is could become messy if people then change there minds about divorcing the first spouse whilst having a fiance(e) in tow....absolutely necessary ( saves a lot of potential mess. aggravation and legal wrangling)

[truffles 2]

it seems that isnt the case in this particular persons situation....they do not appear to have the divorce certificates - if i read your statement you are saying you should be able to file before your divorce is finalised?

"but for some people to have to wait until a marriage is finalized just so they can wait 6 more months for USCIS to open their envelope is nonsense."

So in the circumstances you describe you would not have the divorce certificates in hand to submit with the petition? My understanding of a K1 Visa is you must submit the divorce certs right at the filing stage.

[truffles 2]

You dont think it would create even more frustration and delay for both USCIS and the petioner/beneficiary ?...more paperwork in pending trays waiting for the legal cogs to turn and provide divorce decrees ...possible waste of resources if the frustration and waiting becomes too much for either party and they abandon the relationship?

Re appointing interviews because the expected document isnt available. It would create unrealistic expectations in peoples minds -

I hear what your saying - and i sympathise i too had to wait and get appropriate documents before proceeding, but i do feel this is the best way - there is no danger of putting the cart before the horse.

[truffles 2]

I understand your opinion..the delays and frustration i refer to dont necessarily affect just USCIS or consulate but also other petioners/beneficiaries in the system, who cannot have earlier appointment because someone else who wont turn up or wont have correct documents have an appointment that they could have had.

if i were someone affected by this i wouldnt find consolation in the knowledge that the offenders may have to pay a fee for it.

I personally agree with the requirements, keeps it nice and clear, no room for fudging - in my opinion.

To keep on topic ...for the sake of the OP....here is the link for requirements for K1....Good Luck.

http://www.visajourney.com/forums/index.ph...mp;page=k1guide

Edited February 7, 2008 by truffles