Divorce prior to K-1

[Russandol 0]

My American fiancée is still married (they're living separated for about three years) and is now seeking a divorce so that we can file the K-1 and marry. What I am worried about is, could there be any kind of problems if you file the K-1 very shortly after you receive the divorce papers?

[KarenCee 3]

My American fiancée is still married (they're living separated for about three years) and is now seeking a divorce so that we can file the K-1 and marry. What I am worried about is, could there be any kind of problems if you file the K-1 very shortly after you receive the divorce papers?

As long as the USC is legally free to marry when filing the K1 there shouldn't be any problems. Good luck.

[malego77 2]

My American fiancée is still married (they're living separated for about three years) and is now seeking a divorce so that we can file the K-1 and marry. What I am worried about is, could there be any kind of problems if you file the K-1 very shortly after you receive the divorce papers?

Maybe it would be helpful to check thewaiting periods after a divorce because it depends on where state you want to get marry. Good luck

[melusine 5]

i would say as soon as the divorce is pronounced....

the k1 process is so long anyway... (would still be wise to inform yourself about the waiting period malego was talking about)

[KimandRuss 0]

I've been waiting years for my divorce to first get filed and now for it be final. That happens two weeks from Monday! I've already called the registrar of deeds in my county to have my decree waiting for me to file the K1 on Tuesday!

You wont have a problem with your K1. Good luck!

[eric_and_teresa 10]

As long as the USC is legally free to marry when filing the K1 there shouldn't be any problems. Good luck.

They BOTH need to be legally free to marry when filing, not just the USC.

Instructions for Form I-129F

Who May File This Form I-129F.

You and your fiancé(e) intend to marry within 90 days of your fiancé(e) entering the United States, and are both free to marry....

OP, if your fiance has her divorce decree before you file, you'll be fine, and always check the information Malego gave you. Keep in mind that those waiting periods for the actual wedding, not for filing the petition.

Edited March 30, 2008 by eric_and_teresa

[eric_and_teresa 10]

sorry I posted twice!

Edited March 30, 2008 by eric_and_teresa

[*JG* 2]

There are many who report divorces finalized just before K-1's are filed. As long as your fiance is free to marry at the time of the K-1 filing, it will be fine.

[Mina76 0]

Been there, Done that!

As long as your divorce is final and you have the divorce decree to prove it, you are free to file the K-1 anytime after!

Best of Luck on your Journey

[sunnybear 0]

Malego thanks for posting that link! Thank Goodness Michigan has no waiting time! My divorce was finalized on Jan 4th and I sent in I129-F the next week or so!

[Robyn-n-Kris 89]

Pretty much what everyone else said. My divorce was final and we filed in Feb. Long as it's legal it's fine.

[KandD 1]

Dont let the ex get wind of what your intentions are or they may try to drag the divorce out even longer like mine did

[jom 4]

One of the requirements of filing the K1 is that both are legally free to marry each other AT THE TIME OF ITS FILING. . . needless to say, your American fiancee must have already obtained her divorce decree at the time of the filing of the petition. Goodluck!!