k1 meeting requirement and divorce proceedings

[umil 0]

Hi,

I have a question regarding the meeting requirement for a K-1 visa. I know that to apply for the K-1 visa itself, the person cannot be married and such already, but what are the conditions to satisfy the 2-year meeting requirement? If the US applicant is currently undergoing divorce proceedings in the US (in a state where after filing it required to wait X amount of months prior to the decree being signed as a matter of law), and the applicant met with the other person (who they would apply for the K-1 once the divorce decree is signed) within that time prior to the signing of the decree while it's in process though, would that suffice?

[Cacerez 19]

That is fine. The divorce just has to be final before filing K-1 and you have to have met the K-1 beneficiary within two years prior to filing K-1. I had the same situation as you (met July, divorce final Sept, filed K-1 Oct)

[umil 0]

That is fine. The divorce just has to be final before filing K-1 and you have to have met the K-1 beneficiary within two years prior to filing K-1. I had the same situation as you (met July, divorce final Sept, filed K-1 Oct)

Wow, thank you for the information. Anyone else who can confirm too it'd much be appreciated.

If I might ask, did this present a problem with immigration, filing for a fiancee visa so soon after divorcing? Thanks again.

Edited December 9, 2009 by umil

[Cacerez 19]

We didn't have any problems at all. Just make sure you get the official divorce papers, that all the dates are correct, etc. For me, this was after a 21 month separation (and my state only requires 6 months with a Property Settlement Agreement and no kids but the ex wasn't cooperative with all the papers).

Also, if you have only met once, I would recommend you go again or at least plan to before the petition is filed; I had already bought my ticket for my second visit when we filed for K-1.

[conquest 0]

I met my wife in april and divorce was final in july of the same year. It took me a year and a half of divorce battles to finalize it. The question was never even brought up. You just need to be eligible to marry when the papers are filled

[*julez* 124]

We filed for our I129F the day after my now-husband's divorce was finalized. No one ever questioned him at all. They just need verification that at the time of application that you are both free to marry.