About Separation Agreement...Finacee Pitition

[marzjc56 1]

Hello Everyone,

Quick question....i have friend that her fiance t here in USA process her K-1 visa and she already has her medical exam appointment on March 27th and interview schedule on April 3. Now the question is...she just found out that his finacee only has a separation agreement instead of the Divorce Decree papers that the US Embassy in Philippines required her to bring the Divorce Paper of her Fiancee...Is there any related situation that anyone can help advice or has been approve on their K-1 visa even they fiancee is only separated?....Please quick answer will be very much appreciated.....

Thank you very much... for my friend

Lyn in Illinois

[William33 110]

NO, the US citizen must be free to marry for K-1 qualification. Separation is not enough. No exceptions.

[TinTin and Samby 11]

Hi,

There is something more that must be going on here. The requirement is that the US Citizen must be free to marry AT THE TIME OF THE INITIAL I-129F APPLICATION. So, there is no way that your friend could have gotten a SLEC Medical Appointment and US Embassy Interview appointment if the total facts are as you relay, because neither the NOA1 nor NOA2 would have been issued for a I-129F K1 petition that stated the USC was married and did not include a copy of his final Divorce Decree.

We need more information to help, because the facts that you were told and are relaying here are not consistant with an approved I-129F petition. Maybe you can get more details from your friend so that we can help further.

Warm Regards,

Samby