Applying for K1 before Divorce Certificate

[Jasman0717 9]

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

I filed Claudeth's petition the day my divorce was final. If you do it before you will end up getting the petition back.

[KimandRuss 0]

We also had to wait quite a long time for my divorce to become final. You need the decree. It sux...but it is what it is.

Whether the recent divorce throws up a red flag or not has everything to do with the Embassy/Country you are deling with at interview. USCIS will care that you are both free to marry. However, at higher fraud posts, this is just one more thing to be scrutinized.

Russell as asked in Auckland about my recent divorce, but it was easily explained and accepted that the marriage had actually ended years earlier. Not all Embassies are created equally.

[*JG* 2]

I agree....you need to wait.

[rebeccajo 14]

You must be free to marry when filing. There are very few requirments necessary to file a I-129F petition. This is one of them.

If you are free to marry when you file, and the few other necessary requirements are met for an adjudicating officer to sign off on the USC's petition are met, a NOA2 will be issued and the file forwarded to the appropriate consulate. The fact that the petitioner is recently free to marry is of no consequence at this stage of the process.

Depending upon the totality of the circumstances, however, the consular officer may seek further details about the relationship prior to approving an application for a visa.

[KGSodie 0]

The gov't isn't in the business of passing moral judgments on you when it comes to this type of thing, so the main thing is convincing them of your honest and sincere relationship. Photos! Call logs! Flower receipts! You guys all know the drill.

[KimandRuss 0]

it's not necessarily our (US) government the OP needs to be concerned with... as stated, at higher fraud posts a recent divorce can most certainly send up a red flag to a CO. So, while this may not create an issue for the majority of us, for some, their relationship will be scrutinized even greater by the CO at interview because of it.

[jaradps 0]

Thanks for your reply. Now, I completely understand that its a good idea to wait till I am free to marry. I have another question and that is:

I filed for divorce on October, 15, 2008 and documents were served to my ex-wife on October,16, 2008. After that I went overseas and I got engaged on October, 26, 2008. Will this cause any problem when I apply for K1 visa on April, 2008 after I am free to marry. Will the immigration question my engagement that occurred before I was free to marry.

thanks for your help.

[rebeccajo 14]

Thanks for your reply. Now, I completely understand that its a good idea to wait till I am free to marry. I have another question and that is:

I filed for divorce on October, 15, 2008 and documents were served to my ex-wife on October,16, 2008. After that I went overseas and I got engaged on October, 26, 2008. Will this cause any problem when I apply for K1 visa on April, 2008 after I am free to marry. Will the immigration question my engagement that occurred before I was free to marry.

thanks for your help.

Look through the instructions for the form I-129F and tell me where you see a place that you must disclose the date of your engagement.

[jaradps 0]

Thanks for your reply. Now, I completely understand that its a good idea to wait till I am free to marry. I have another question and that is:

I filed for divorce on October, 15, 2008 and documents were served to my ex-wife on October,16, 2008. After that I went overseas and I got engaged on October, 26, 2008. Will this cause any problem when I apply for K1 visa on April, 2008 after I am free to marry. Will the immigration question my engagement that occurred before I was free to marry.

thanks for your help.

[jaradps 0]

There is no mention of Engagement date in I29F

[pushbrk 13,610]

Thanks for your reply. Now, I completely understand that its a good idea to wait till I am free to marry. I have another question and that is:

I filed for divorce on October, 15, 2008 and documents were served to my ex-wife on October,16, 2008. After that I went overseas and I got engaged on October, 26, 2008. Will this cause any problem when I apply for K1 visa on April, 2008 after I am free to marry. Will the immigration question my engagement that occurred before I was free to marry.

thanks for your help.

There are good ideas and there are a requirement. Being free to marry is a "requirement" for getting anything accomplished with an I-129F except rejection.

There is no place to indicate "date of engagement" but it would probably be wise to carefully craft your answer to question 18 on the I-129F. As long as you've met in person during the past two years, the date you committed to marry need not be mentioned.

[payxibka 10,048]

Thanks for your reply. Now, I completely understand that its a good idea to wait till I am free to marry. I have another question and that is:

I filed for divorce on October, 15, 2008 and documents were served to my ex-wife on October,16, 2008. After that I went overseas and I got engaged on October, 26, 2008. Will this cause any problem when I apply for K1 visa submit the I-129F petition on April, 2008 after I am free to marry. Will the immigration question my engagement that occurred before I was free to marry.

thanks for your help.

FWIW and just semantics, USCs petition for an alien spouse/fiance(e). USCs do not apply for a visa, only an alien does.