Applying for K1 before Divorce Certificate

[jaradps 0]

Hello Everyone,

I was wondering if someone will be able to assist me on a technical point. I filled for a divorce in California about 2 months ago and it takes about six months to get the divorce certificate. I am suppose to get my divorce certificate by April, 2009. So, I went to the judge and got the form FL180-Divorce Judgement signed by the judge. The judge signed on the document which also indicates that as of now I am single but I will not be able to marry till april ,2009 and not get by my divorce certificate till april, 2009.

Can I send in the signed fl180 form that is signed by the judge with I29F which shows that I am single as of now but I have to wait till april 10 to get married. I just want to start the K1 visa process so I can save sometime. Would this work.

Please help me.

[Stinky Monkey 1]

One of the requirement for filing the petition is that you are free to marry, so unfortuantely you will have to wait for your divorce to be final before you can file

Good luck and sorry you will have to wait

[pushbrk 13,610]

One of the requirement for filing the petition is that you are free to marry, so unfortuantely you will have to wait for your divorce to be final before you can file

Good luck and sorry you will have to wait

There is no possible way around this. You must show evidence you are free to marry. Generally, that is with a final divorce decree, not simply a legal separation for financial purposes.

[jaradps 0]

Does the court document mean anything? It clearly states that I am single as of now. I am sorry if I am being annoying but I am trying my best to get things done as quickly as I can. Thanks for your reply.

[Stinky Monkey 1]

Does the court document mean anything? It clearly states that I am single as of now. I am sorry if I am being annoying but I am trying my best to get things done as quickly as I can. Thanks for your reply.

You are not free to marry until the divorce is final, and this is the requirement of the petition so as I said before you will have to wait till the divorce is final there is no short cut to this process

[geezer 1]

Hello Everyone,

I was wondering if someone will be able to assist me on a technical point. I filled for a divorce in California about 2 months ago and it takes about six months to get the divorce certificate. I am suppose to get my divorce certificate by April, 2009. So, I went to the judge and got the form FL180-Divorce Judgement signed by the judge. The judge signed on the document which also indicates that as of now I am single but I will not be able to marry till april ,2009 and not get by my divorce certificate till april, 2009.

Can I send in the signed fl180 form that is signed by the judge with I29F which shows that I am single as of now but I have to wait till april 10 to get married. I just want to start the K1 visa process so I can save sometime. Would this work.

Please help me.

You are not free to marry till April 2009. Immigration requires that you be free to marry when the petition is filed. You should also be aware that a petition filed right after a divorce is a red flag at most posts and filing even before you were free to marry would most likely be seen negatively....

[pushbrk 13,610]

Does the court document mean anything? It clearly states that I am single as of now. I am sorry if I am being annoying but I am trying my best to get things done as quickly as I can. Thanks for your reply.

It means something but not the only something that counts. You must be free to marry to have a petition approved. If you file without such evidence, you'll be wasting the filing fee.

[♥Stiggy♥ 0]

Im also legally seperated, however not Free to marry until a few months from now.

You MUST be FREE to marry at the time you send in your petition.

Im in the same boat.. it sucks!

[saycutiebaby 0]

hi!

i am also waiting for my effectivity which is feb2..

godbless us!

[vof 0]

Hello Everyone,

I was wondering if someone will be able to assist me on a technical point. I filled for a divorce in California about 2 months ago and it takes about six months to get the divorce certificate. I am suppose to get my divorce certificate by April, 2009. So, I went to the judge and got the form FL180-Divorce Judgement signed by the judge. The judge signed on the document which also indicates that as of now I am single but I will not be able to marry till april ,2009 and not get by my divorce certificate till april, 2009.

Can I send in the signed fl180 form that is signed by the judge with I29F which shows that I am single as of now but I have to wait till april 10 to get married. I just want to start the K1 visa process so I can save sometime. Would this work.

Please help me.

wait till its official, my ex screwed me in 07, frauduently married me to get in the country asked for divorce i filed in may 07, and on Oct 07 it was official, I checked with a attorney to see if it was Ok to remarry a foreigner again and petition she said no prob i married in april 07 filed throught a attorney and still waoiting. If u plan on remarrying from overseas do it when divorce offical and do everything with attorney

good luck

[Wis-Can 0]

Does the court document mean anything? It clearly states that I am single as of now. I am sorry if I am being annoying but I am trying my best to get things done as quickly as I can. Thanks for your reply.

It means something but not the only something that counts. You must be free to marry to have a petition approved. If you file without such evidence, you'll be wasting the filing fee.

[Naijabound 1]

Hello Everyone,

I was wondering if someone will be able to assist me on a technical point. I filled for a divorce in California about 2 months ago and it takes about six months to get the divorce certificate. I am suppose to get my divorce certificate by April, 2009. So, I went to the judge and got the form FL180-Divorce Judgement signed by the judge. The judge signed on the document which also indicates that as of now I am single but I will not be able to marry till april ,2009 and not get by my divorce certificate till april, 2009.

Can I send in the signed fl180 form that is signed by the judge with I29F which shows that I am single as of now but I have to wait till april 10 to get married. I just want to start the K1 visa process so I can save sometime. Would this work.

Please help me.

You are not free to marry till April 2009. Immigration requires that you be free to marry when the petition is filed. You should also be aware that a petition filed right after a divorce is a red flag at most posts and filing even before you were free to marry would most likely be seen negatively....

How bad is this looked upon? I have been separated from my ex since early 2007. My divorce was final Dec 18th 2008. I plan on filing my K1 petition Dec 29th. I met my SO after my separation, do they not know situations happen where you can file for divorce right away?

[inGODShands 0]

I'm sorry, but you cannot do this. You BOTH must be FREE TO MARRY when you submit the petition. There's no other way around it... sorry. Edited December 22, 2008 by inGODShands

[JEH* 0]

We also had the same situation like yours on our k-1 application but what we did, we waited till the final judgment of the divorce was over and got the DC at hand. That may throw a redflag if you file for k-1 and yet you are not free to marry prior to submission, this is just my own opinion.

[JEH* 0]

You are not free to marry till April 2009. Immigration requires that you be free to marry when the petition is filed. You should also be aware that a petition filed right after a divorce is a red flag at most posts and filing even before you were free to marry would most likely be seen negatively....

My husband divorced was finalized Jan 14, 2008 and we filed Feb 5, 2008 so far we didnt encounter such problems as far as filing right away after the divorce is concerned. But this is case-to-case basis i guess.

Edited December 22, 2008 by JEH*