File 129F while waiting for a divorce

[DaveHorton 0]

Anyone got any experience of filing an I-129F in anticipation of getting a divorce finalized?

I will get my uncontested and amicable divorce finalized in California, in December. If there anything that would prevent me from submitting my I-129F now, knowing it takes at least 6 months to get to interview time?

[sara..... 371]

Anyone got any experience of filing an I-129F in anticipation of getting a divorce finalized?

I will get my uncontested and amicable divorce finalized in California, in December. If there anything that would prevent me from submitting my I-129F now, knowing it takes at least 6 months to get to interview time?

yes there is, u can not file for k1 unless u are both legally able to marry at the time of submission of I-129

sara

[JimVaPhuong 4,863]

Anyone got any experience of filing an I-129F in anticipation of getting a divorce finalized?

I will get my uncontested and amicable divorce finalized in California, in December. If there anything that would prevent me from submitting my I-129F now, knowing it takes at least 6 months to get to interview time?

yes there is, u can not file for k1 unless u are both legally able to marry at the time of submission of I-129

sara

Yep!

[Stephen + Elisha 92]

sara is exactly right... here's the State Department Foreign Affairs Manual citation on the subject:

http://www.state.gov/documents/organization/87391.pdf

9 FAM 41.81 N6.6 Petitioner and Beneficiary Must be Legally Free to Marry

(CT:VISA-756; 07-27-2005)

...

b. A K-1 petition filed when the petitioner and/or the applicant was still legally married shall not serve as the basis for visa issuance, even though that marriage was terminated and applicant/petitioner became free to marry within 90 days of arrival in the United States. If a consular officer finds that the petitioner and/or applicant is/was not legally free to marry, post mush return the K-1 petition to the national visa center (NVC) under cover of memorandum detailing the specific, objective facts giving rise to the officer's determination.

[venusfire503 54]

I remember having to send my divorce decree with the packet. What I did was prepare everything else (including making copies of everything), and the day I got the decree, I added a copy of it and sent it out.

Best of luck!

venusfire

[Craneman 2]

Divorce papers must be sent with application.

All divorces.

[baron555 934]

Anyone got any experience of filing an I-129F in anticipation of getting a divorce finalized?

I will get my uncontested and amicable divorce finalized in California, in December. If there anything that would prevent me from submitting my I-129F now, knowing it takes at least 6 months to get to interview time?

When you first file the K-1 Petition you state that you are free to marry at the time of the filing. If previously married, you would include a copy of your divorce decree along with the initial filing. Since you don't have this yet, you have to wait.

[D&R 0]

Anyone got any experience of filing an I-129F in anticipation of getting a divorce finalized?

I will get my uncontested and amicable divorce finalized in California, in December. If there anything that would prevent me from submitting my I-129F now, knowing it takes at least 6 months to get to interview time?

As stated... you're not legally able to marry now. You need your divorce decree to be sent with the I-129F

[Gary and Alla 3,694]

Anyone got any experience of filing an I-129F in anticipation of getting a divorce finalized?

I will get my uncontested and amicable divorce finalized in California, in December. If there anything that would prevent me from submitting my I-129F now, knowing it takes at least 6 months to get to interview time?

YES. You MUST be legally able to marry when you file the petition. You will be required to send a copy of the finalized and entered divorce decree with the petition. A petition filed now will be denied and you will lose $455 for trying

[bcoakley06 280]

I was going through my paper work my anxiety kicked in. I noticed on her intent to marry she signed it but the date was typed instead of wrote by her name. Mine on the other hand was wrote where i signed but not typed. Is there a reason to worry? Also i put the date my divorce was signed off by jidge not ended is that ok? I did include divkrce decree. I was there when the judge signed but was told it would be done. It was all finalized before then. Thanks.

[NigeriaorBust 4,087]

  Check with the state you are in , some require a waiting period after the divorce is final before you are free to marry.  It is rare they catch this but it has happened once or twice over the decades. 

[tanderson64 201]

2 hours ago, bcoakley06 said:

I was going through my paper work my anxiety kicked in. I noticed on her intent to marry she signed it but the date was typed instead of wrote by her name. Mine on the other hand was wrote where i signed but not typed. Is there a reason to worry? Also i put the date my divorce was signed off by jidge not ended is that ok? I did include divkrce decree. I was there when the judge signed but was told it would be done. It was all finalized before then. Thanks.

Start a new post for your questions.

[bcoakley06 280]

21 minutes ago, NigeriaorBust said:

  Check with the state you are in , some require a waiting period after the divorce is final before you are free to marry.  It is rare they catch this but it has happened once or twice over the decades. 

Indiana dont have. A waiting period. We had to wait so long dor judge to sign. It took us a while to work things out to keep from getting lawyers all was done outside of court just had to file wait and judge sign. We did mediation