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Steve&Shamie

2 - 4 months for Divorce to be final

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Filed: K-1 Visa Country: Philippines
Timeline

I have been separated from my wife for 10 years and she just recently filed the paperwork for an uncontested divorce. She says that it will be another 2 - 4 months before the divorce is final..

Can I file the I-129F to get the K1 process going or is that going to cause me problems?

If I can file it should I put married or Divorced? The paperwork is at the courts now.

Thanks

Wizhk

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Filed: Citizen (apr) Country: Canada
Timeline

You need to include the divorce papers with your petition.

Do not file before you are divorced you will be denied.

You need to prove that you and the beneficiary are both free to marry. Currently you are not free to marry.


-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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Filed: IR-1/CR-1 Visa Country: Pakistan
Timeline

I have been separated from my wife for 10 years and she just recently filed the paperwork for an uncontested divorce. She says that it will be another 2 - 4 months before the divorce is final..

Can I file the I-129F to get the K1 process going or is that going to cause me problems?

If I can file it should I put married or Divorced? The paperwork is at the courts now.

Thanks

Wizhk

I'm no expert but I would think that you can't send any paperwork until your divorce is final so that you can send that information into the USCIS with the i 129.

http://www.visajourney.com/content/k1guide

Look at #12 FINAL DIVORCE DECREE

Edited by EAbbas

10/02/2010 Nikah/Marriage in Karachi
USCIS JOURNEY
11/10/2010 -Sent
03/24/2011 i 130 approved!!!
NVC JOURNEY
03/30/2011 NVC received case-04/07/2011 NVC Case Number Assigned
05/03/2011 CASE COMPLETE- In Que for INTERVIEW!!-05/17/2011 Received interview letter and info via email
EMBASSY JOURNEY
05/20/2011 Medical Appt/passed
06/15/2011 Interview result AP
06/21/2011 Submitted requested docs..under review
07/25/2011 CO called did phone interview result: PENDING MANDATORY AP/CO told us they have to do namechecks

03/07/2013 Case returned to USCIS waiting for NOIR/reaffirmation

04/18/2013 USCIS received case for review

08/19/2013 Received NOIR to respond by 9/18/2013

9/9/2013 Responded to NOIR/USCIS received documents awaiting response

9/20/2013 USCIS reaffirmed sent to embassy

1/04/14 Case opened for review

8/31/15 Interview- no questions visa approved on the spot

9/8/15 visa status issued

9/10/15 visa received

9/19/15 POE Charlotte

p9WGm4.png

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

File when you are free to marry. That means you will have to wait until the divorce is final.


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Filed: IR-1/CR-1 Visa Country: Pakistan
Timeline

Thanks.

Hang in there!!! it won't be too long until you can file...until then study that link I gave you so you know everything about the filing process if you haven't filed before :)) Good luck!

Edited by EAbbas

10/02/2010 Nikah/Marriage in Karachi
USCIS JOURNEY
11/10/2010 -Sent
03/24/2011 i 130 approved!!!
NVC JOURNEY
03/30/2011 NVC received case-04/07/2011 NVC Case Number Assigned
05/03/2011 CASE COMPLETE- In Que for INTERVIEW!!-05/17/2011 Received interview letter and info via email
EMBASSY JOURNEY
05/20/2011 Medical Appt/passed
06/15/2011 Interview result AP
06/21/2011 Submitted requested docs..under review
07/25/2011 CO called did phone interview result: PENDING MANDATORY AP/CO told us they have to do namechecks

03/07/2013 Case returned to USCIS waiting for NOIR/reaffirmation

04/18/2013 USCIS received case for review

08/19/2013 Received NOIR to respond by 9/18/2013

9/9/2013 Responded to NOIR/USCIS received documents awaiting response

9/20/2013 USCIS reaffirmed sent to embassy

1/04/14 Case opened for review

8/31/15 Interview- no questions visa approved on the spot

9/8/15 visa status issued

9/10/15 visa received

9/19/15 POE Charlotte

p9WGm4.png

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Filed: K-1 Visa Country: New Zealand
Timeline

Yes you definitely have to send copy of divorce papers with the I-129F application. You could start preparing everything else you need though - proof of having met within last 2 years, supporting photos, boarding passes for travel, etc before then to save you some time later on. As has been said, follow the guide and it will make you better prepared for your application.


Mar 2011 - After 5mths denied for lost docs - Attempts to follow up failed. Mar 18 2012 - I-129F sent - No sign of NOA1 but they have banked the check...Jul 24 - Update - USCIS has located our file
Infopass Apt - they sorted through everything - our 2011 and 2012 file keep getting mixed up - getting us a Case# (still waiting) Dec- Infopass Appt- expecting to get a case # in about a week ..Still no Case number

Mar 2013 Infopass - advised file was in a box somewhere,and it would be quicker for us to refile. Life gets in the way... New petition submitted July 2014 .
I-129F Sent : Jul 28 2014
TSC received: Aug 04 2014
I-129F NOA1 : Aug 06 2014
I-129F NOA2 : Feb 25 2015 (NOA2 copy rcd: Mar 02)

Sent to NVC: Mar 09 / Left NVC Apr 1 / Arr Embassy Apr 7 / Pkt 3 Rcd Apr 15 / Medical Apr 17 / Pkt 3 sent May 1 / Interview May 12

Left NZ May 15

Married Aug 10

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Filed: AOS (apr) Country: Brazil
Timeline

I'm sorry for adding this, but.... If he is currently married (legally he is mind you), is this going to be a red flag when he goes to file and shows he met someone within past 2 years and started a relation? In some states, even if you are legally separated, you can still be charged with adultery should your significant other wish to pursue.And this will be a sworn direct admission of engaging in a relationship with the intent to marry prior to being legally divorced.. ? I would get some really solid advice on this issue before proceeding with filing. And you have a little time before that can happen anyhow. Good Luck......


"I know that you believe you understand what you think I said, but I'm not sure you realize that what you heard is not what I meant."

K1 Guides and Info

K1 AOS Guide

Link for Rio de Janeiro Consulate's instructions for K1 Visas. They give you this link instead of a packet 3. Everything you need for interview in Rio is here. Boa Sorte

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Filed: Citizen (apr) Country: England
Timeline

I'm sorry for adding this, but.... If he is currently married (legally he is mind you), is this going to be a red flag when he goes to file and shows he met someone within past 2 years and started a relation? In some states, even if you are legally separated, you can still be charged with adultery should your significant other wish to pursue.And this will be a sworn direct admission of engaging in a relationship with the intent to marry prior to being legally divorced.. ? I would get some really solid advice on this issue before proceeding with filing. And you have a little time before that can happen anyhow. Good Luck......

I have seen many couples wait to get the papers and then file without a problem getting approved.


Sal and Jay




K1 - Complete
AOS - Complete
EAD - Complete
AP - Complete
ROC - Complete

N400-Complete

I am a United States citizen!

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Filed: K-1 Visa Country: Philippines
Timeline

Hang in there Wizhk! just wait till u get the final Divorce papers or decree. :thumbs:


Sent NOA1 April 30th 2011

received May 2nd 2011

NOA1 Notice Date:May 4th 2011

NOA 2 txt/ email on july 18th 2011

NOA 2 received in Mail July 20th dated July 18th 2011

NOA2 in "74" days!

NO RFE

Personal issue in the Philippines

Medical Exam: March 22nd 2012

Medical Cleared on March 23rd 2012

Interview Date:April 16th, 2012......PASSED

Arrival Los Angeles California: July 7th 2012.

Marriage September 7th 2012 at San Bernardino County Hall of Records

Preparing for AOS

"I Wholly disapprove of what you say, But I will defend to the death, Your RIGHT to say it"

" _ Volitaire- "

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Filed: Citizen (apr) Country: England
Timeline

I'm sorry for adding this, but.... If he is currently married (legally he is mind you), is this going to be a red flag when he goes to file and shows he met someone within past 2 years and started a relation? In some states, even if you are legally separated, you can still be charged with adultery should your significant other wish to pursue.And this will be a sworn direct admission of engaging in a relationship with the intent to marry prior to being legally divorced.. ? I would get some really solid advice on this issue before proceeding with filing. And you have a little time before that can happen anyhow. Good Luck......

My fiancee and I got engaged less than a week after my divorce was final and it caused us no problems whatsoever. As long as you are legally free to marry, then you satisfy that part of the K-1 requirement.


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