2 - 4 months for Divorce to be final

[Steve&Shamie 0]

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

[Inky 1,110]

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.

[EAbbas 213]

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 May 30, 2011 by EAbbas

[morocco_usa 4ever 0]

you cant file k-1 till you are legally free to marry

[Anh map 2,098]

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

[Steve&Shamie 0]

Thanks.

[EAbbas 213]

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 May 30, 2011 by EAbbas

[Steph1988 11]

Oh gosh dont file until the divoce is final. I think it clearly states on their you both have to be free to marry. You aslo have to include the divorce decree and any for any prior marriages if any

[Andie 147]

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.

[Steve&Shamie 0]

I get it.. NO..

Its just so hard to wait as it is.. I am at the beginning of the whole process, yet not even there yet..

Wizhk

[Que Saudade 284]

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......

[Anna Raffi 0]

I thin it will cause u problems u better file when you are divorced and u ve your original divorced papers. I wish u good luck in your visa journey.

[Sal and Jay 2]

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.

[southcalhog 43]

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

[Nigel&Meggie 40]

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.