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saif123

Getting Engaged while Divorce is in Progress in Court

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Hello everyone,

I am a US citizen, and my divorce is in progress. can i get engaged before the divorce is finalized, or i have to wait until i obtain the divorce paper from the court? please help.

thanks for the answer,

saif

Sure you can get engaged. You just can't get married until after the divorce is final.


AOS

5/16/2012 - Package delivered to Chicago Lockbox at 1:33pm

5/21/2012 - Email/text notifications received at 4:50 p.m.

5/26/2012 - NOA hard copies received for I-130, I-485 and I-765

6/19/2012 - Biometrics completed.

7/02/2012 - Text/email/hard copy notification of interview.

7/30/2012 - EAD card production ordered.

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8/07/2012 - Second GC production email

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Just to confirm, you're just talking about an engagement, right? Your fiance isn't in another country and applying for a K-1, or anything like that, is he?


AOS

5/16/2012 - Package delivered to Chicago Lockbox at 1:33pm

5/21/2012 - Email/text notifications received at 4:50 p.m.

5/26/2012 - NOA hard copies received for I-130, I-485 and I-765

6/19/2012 - Biometrics completed.

7/02/2012 - Text/email/hard copy notification of interview.

7/30/2012 - EAD card production ordered.

8/02/2012 - Interview @ 2:00

8/02/2012 - Email notification of GC production at 5:30pm

8/07/2012 - Second GC production email

8/07/2012 - EAD received.

8/08/2012 - GC mailed.

8/09/2012 - Welcome letter and I-130 approval letter received.

8/10/2012 - Green card received. :)

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You cannot file a K1 petition until you are free to marry.


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

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

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Just to confirm, you're just talking about an engagement, right? Your fiance isn't in another country and applying for a K-1, or anything like that, is he?

Yes, my fiancee is in another country. i will not apply for K-1 visa for her until my divorce is finalized. thanks for the questions.

saif

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her K1 process will be affected by your immigration process timeline and method. if you married K1 and divorced in less than 5 years and are now planning to petition for a "real wife" from your home country USCIS will examine your case, possibly threatening your status, even though you are a citizen by naturalisation. this can all be stripped from you if it is determined that your initial path was fraud.

this comment is not necessarily given to you specifically, but to others that might write similar posts.

this is a syndrome of behaviour and eventuality of consequence we have seen many times before.


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my wife's divorce was in process it wasn't finalized we got engaged in Feb and divorce was finally in May then we filed for K-1 but it didn't effect our petition. but my case was revoked and sent back to USCIS and got re-approved it wasn't revoked cos the divorce wasn't finalized CO just wanted to re-confirmed from USCIS about my approval status it takes more than 6 months for a divorce to come to an end so better be well equipped.

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her K1 process will be affected by your immigration process timeline and method. if you married K1 and divorced in less than 5 years and are now planning to petition for a "real wife" from your home country USCIS will examine your case, possibly threatening your status, even though you are a citizen by naturalisation. this can all be stripped from you if it is determined that your initial path was fraud.

this comment is not necessarily given to you specifically, but to others that might write similar posts.

this is a syndrome of behaviour and eventuality of consequence we have seen many times before.

why it should be fraud? also, she went back to her country. sometimes things do not work out. anyways, thanks for the comment.

saif

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my wife's divorce was in process it wasn't finalized we got engaged in Feb and divorce was finally in May then we filed for K-1 but it didn't effect our petition. but my case was revoked and sent back to USCIS and got re-approved it wasn't revoked cos the divorce wasn't finalized CO just wanted to re-confirmed from USCIS about my approval status it takes more than 6 months for a divorce to come to an end so better be well equipped.

thanks for the comment. do you think it is better to wait for the divorce paper work to finish and then get married and file I-130? any comments appreciated.

saif

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Hello

My Two cents

You can get engaged before you can get a divorce, you can't get married as the another marriage will be not acceptable and can cause you a legal trouble. Your another engagement while getting married will make the your K-1 will look fraud and create red flags for your fiance immigration. Also heard of 5 year bar on such cases not sure about it. USCIS CO. would not accept another engagement K1 petition while you are still married because you will have to submit finalized divorce papers along with your next I-130.

Second case, Agree with above answer of justashooter if you are married, get engaged and between engagement get divorced you will have to mention the exact date of engagement and proves of getting engaged with your I-130 to USCIS and also the divorce papers from first marriage. USCIS will find out that you were still married when you got engaged create again a serious red flag and petition will be denied for fraud.

Advise is to get your divorce, Wait for sometime and than get engage and apply for K-1

Hello everyone,

I am a US citizen, and my divorce is in progress. can i get engaged before the divorce is finalized, or i have to wait until i obtain the divorce paper from the court? please help.

thanks for the answer,

saif

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Sorry your first marriage didn't work out.

You can become engaged at any time, an engagement isn't legally binding like marriage but you must be free to marry when you file for your K-1 or you must be divorced before you marry again!

Often it is advisable to have time between your 2 marriages/ engagements to prove the validity of your relationship(s) but it is not a requirement.


We became a couple : 2011-05-29
I visited him : 2011-10-28 - 2011-11-17
He visited me (and my crazy family) : 2012-02-05 - 2012-02-17
I-129F Sent : 2012-02-05
I-129F NOA1 : 2012-02-14
I entered on VWP to stay 3 months: 2012-04-11 - 2012-07-03
---
Went to get my medical done for interview in Australia (much cheaper in the US and I was already here):2012-05-20
Medical issue diagnosed
K-1 petition cancellation request sent to CSC : 2012-06-01
Married: 2012-06-21
Filed for AOS : 2012-08-08
NOA1 : 2012-08-10
Biometrics : 2012-09-14
EAD approved : 2012-10-16
Applied for SSN : 2012-11-01
Received SSN : 2012-11-13
Received interview notice :2012-12-27
Interview- APPROVED :2013-01-28
Green card received :2013-02-04
Baby girl born :2013-03-09

Filed for ROC :2014-12-05
NOA :2014-12-11
Biometrics : 2015-01-15

ROC Approval : 2015-05-14

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Sorry, this is condensed and simplified, but correct and in chronological order.

I was married once before. He filed for divorce. I met my SO online, then went to visit him. I started to prepare the K-1 paperwork. I visited my SO again, and we worked on more paperwork. I got my divorce decree and immediately sent out the packet (the divorce decree was required for the packet to be complete). So, I got engaged while technically still married - but I was in the middle of getting a divorce. I didn't send the petition until the divorce was finalized. As someone pointed out, you MUST be free to marry to petition - otherwise, it will be rejected/returned/denied (whatever term you want to use).

My SO said he was questioned about this during his visa interview. He just told them the truth - yes, he was talking to and then engaged to a technically still married woman. But, we didn't meet until after I was already in the process of divorce. He told them we were simply waiting for the divorce to be finalized.

It can definitely raise red flags if you were the beneficiary, divorced the USC, and then petition for someone from your "home country", though, so if that's true in your case, make sure to be prepared for that. If it just worked out that way and wasn't planned, don't be nervous. (easier said than done)

Of course, there is no guarantee a visa will be issued in ANY case, but being engaged "too early" isn't an automatic denial either. I think I've heard of people who were able to get a visa even when they started dating before anyone filed for divorce (not giving any opinions on this - just reporting what I think I remember hearing). Of course, the "cleaner" your case, the more likely the chance of success. Our case wasn't the most uncomplicated/pristine one, but it all worked out well. I hope that gives hope to others!

venusfire


met online May 2006

visited him in Morocco July 2006

K-1 petition sent late September 2006 after second visit

December 2006 - third trip - went for his visa interview (stood outside all day)

visa approved! arrived here together right before Christmas 2006

married January 2007

AOS paperwork sent February 2007

RFE (yipee)

another RFE (yikes)

AOS approval July 2007

sent Removal of Conditions paperwork 01 May 2009

received I-751 NOA 14 May 2009

received ASC appt. notice 28 May 2009

biometrics appt. 12 June 2009

I-751 approval date 25 Sept 2009 (no updates on the system - still says 'received'/"initial review")

19 Oct 2009 - got text message "card production ordered"

24 Oct 2009 - actual card in the mail box!

sent his N-400 - 14 May 2010

check cashed 27 May 2010

NOA received 29 May 2010 (dated 24 May)

Biometrics Appointment Letter received 17 June 2010

Biometrics scheduled for 08 July 2010; walk-in successfully done in Philadelphia 07 July 2010

02 Oct 2010 - FINALLY got email saying the case was being transferred to the local office. Hoping to get his interview letter soon...

05 Oct 2010 - received interview letter!!!!

08 November 2010 - scheduled for N-400 interview

- went together for interview; file isn't there - need to wait to be rescheduled

Jan 2011 - went for Infopass

25 Feb 2011 - interview

19 April 2011 - Infopass

8 July 2011 - HE'S FINALLY A CITIZEN - WOO HOOOOOO!!!!!!!!!!!!!!!

30 July 2011 - citizenship party

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i been confused a little about same situation ... i went to back home 5 months before i got my citizenship . and i will apply for divorce ...im planing that after i get my divorce paper can i apply for I 130 for K 1 visa for the girl i met in back home and got engaged. or u advise me go again to back home after i divorce my wife and get engaged one more time and then come back and apply

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