When can I start applying for a visa?

[Unimane 0]

Hello, my first time in a while back at visajourney and, since it has been so long, I have a question I'm having a hard time finding a good answer for.

My story, like most, is very long, so I'll stick to the basics. My fiance is living in Peru with our daughter (Born in July 2008). She was/is married to an Englishman that she hasn't even seen for two and a half years. However, the divorce between the two has taken quite some time, although it is scheduled to be finalized sometime this week in England.

What I would like to know is how long must we wait to apply for her and our daughter's visa? I had always assumed six months after the divorce was finalized, but is there any way to apply sooner, especially with our daughter? Any help would be appreciated, thanks.

[Gary and Alla 3,694]

Hello, my first time in a while back at visajourney and, since it has been so long, I have a question I'm having a hard time finding a good answer for.

My story, like most, is very long, so I'll stick to the basics. My fiance is living in Peru with our daughter (Born in July 2008). She was/is married to an Englishman that she hasn't even seen for two and a half years. However, the divorce between the two has taken quite some time, although it is scheduled to be finalized sometime this week in England.

What I would like to know is how long must we wait to apply for her and our daughter's visa? I had always assumed six months after the divorce was finalized, but is there any way to apply sooner, especially with our daughter? Any help would be appreciated, thanks.

If the daughter is yours she cannot apply for a visa as she is eligible for US citizenship. File a CRBA and get her a passport. Your fiancee divorce must be final and she must be free to marry before you can submit the petition. There is no waiting period after the divorce is final. You must submit a copy of her final divorce, translated to English, with the petition.

[inloveVEN 46]

Hi

As far as i know, you can start the k-1 process as soon as she got divorced. because one requirement is that you and your fiancee are free to marry. and you have meet each other at least 2 years ago ( of course in your case this is not an issue and the best testimony is your daughter).

wish you luck!!!

[Unimane 0]

If the daughter is yours she cannot apply for a visa as she is eligible for US citizenship. File a CRBA and get her a passport. Your fiancee divorce must be final and she must be free to marry before you can submit the petition. There is no waiting period after the divorce is final. You must submit a copy of her final divorce, translated to English, with the petition.

Seriously, there's no waiting period? Don't get me too excited! I'll see what I can do with my daughter, that might be a trickier situation. I assume I'll need a DNA test or something since she was, technically, married at the time.

Thanks a lot for the help. It's very much appreciated.

[Anh map 2,098]

Seriously, there's no waiting period? Don't get me too excited! I'll see what I can do with my daughter, that might be a trickier situation. I assume I'll need a DNA test or something since she was, technically, married at the time.

Thanks a lot for the help. It's very much appreciated.

The K1 requirement is: free to marry. That's it.

Here is the page on the embassy website regarding CRBA for Peru. http://lima.usembass...rth_abroad.html

Edited April 2, 2010 by Anh map

[HeatDeath 431]

Seriously, there's no waiting period? Don't get me too excited! I'll see what I can do with my daughter, that might be a trickier situation. I assume I'll need a DNA test or something since she was, technically, married at the time.

Thanks a lot for the help. It's very much appreciated.

Yep. As far as the divorce is concerned, the only waiting period is how long it takes her to get the relevant documentation to you. Once you have a translated copy of the final divorce decree in your hand, you can slip it into the envelope with the rest of the I-129F packet and send it off that afternoon.

I've got no idea, though, what the process for a CRBA is, or what kind of documentation they'll need. Are you listed as father on the birth certificate? That would, I suspect, simplify things immensely.

Edited April 2, 2010 by HeatDeath

[Unimane 0]

Yep. As far as the divorce is concerned, the only waiting period is how long it takes her to get the relevant documentation to you. Once you have a translated copy of the final divorce decree in your hand, you can slip it into the envelope with the rest of the I-130 packet and send it off that afternoon.

I've got no idea, though, what the process for a CRBA is, or what kind of documetation they'll need. Are you listed as father on the birth certificate? That would, I suspect, simplify things immensely.

Yes, I am listed as the father on the birth certificate, although I can't sign it until the divorce is final (And have the ability to get back to Peru)

[FrancElsie 6]

If the daughter is yours she cannot apply for a visa as she is eligible for US citizenship. File a CRBA and get her a passport. Your fiancee divorce must be final and she must be free to marry before you can submit the petition. There is no waiting period after the divorce is final. You must submit a copy of her final divorce, translated to English, with the petition.

In many Spanish speaking countries, the "translated to English" provision is not necessary. I was divorced in Colombia and sent that divorce decree to the CSC with my original petition...no problem. It was in Spanish.

Good Luck,

Franc

[inloveVEN 46]

hi

check this out, http://lima.usembassy.gov/birth_abroad.html, you can find all the information about the process in Lima Peru. there are also a telephone number.

Best Regards