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julitathomas0810

K1 VIsa

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Here is my situation and I am seeking some advice on what to do . I am currently married and in divorce proceedings . The final judgement is a few months away . We have been living a part for nearly a year . I have met another and had personally met her in person within the last 2 years . I have all the paperwork for a I129F ready to go and awaiting the final judgement . I know the I129F is paperwork filed on the bases of both being able to freely marry . If I filed now and was denied could I appeal provide the final judgement at that time ? I would file my letter of intent worded when I was freely able to marry . Nothing in the forms would be a lie at all . Would doing this cause a major problem in the future when I am able to freely marry ? I feel my best advice is my guy telling myself to wait , but I wish to seek additional advice from others who may have been in a similar situation . The thought of having to wait 4-6 months for a final judgement then 4-6 additional months for the I129F is at times frustrating and difficult to bare . I am thankful I found someone with great patience and in the end it will all be worth it .

I called the USCIS and posed this question . They said it would be denied and I could appeal that denial . My fear as stated above would be a denial in the future as well from this action . I've done the research and I know the process as I have been through it once before . However this situation is a bit new to me . Any helpful information would be welcomed . Any similar experiences would be read with a hopeful eye . Thank you so much for any help in this matter .

Stinks to have to wait , but as i said I think that's my best thing to do .

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Hi I know its not easy to wait about the processing times. Done with that situation also. So we waited also after my annulment decree. We took K1 visa way back 2008 and we cancel it before the denial. So we just wait till my finality of annulment and after a month we filed the I129F on 2011 and we got approved.

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If you are not legally divorced at the time you file then you will be denied. If you appeal the denial you couldn't then present your final judgment because it would be dater AFTER you filed... meaning you were rightly denied for not being free to marry when you filed.

So no. You need to wait.

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Sadly but you have to wait until you're free to marry

Good luck on your journey!


K1
05/22/12 - Mailed I-129F
08/17/12 - Approved I-129F NOA2 (85 days)
11/19/12 - Approved Visa!! (179 days)
12/01/12 - POE Honolulu, HI
12/21/12 - Wedding Day!
AOS, EAD and AP
01/05/13 - Mailed I-485, I-765 and I-131
01/09/13 - USCIS accepted case and received text
01/11/13 - Cashed check
01/08/13 - Received NOA1
01/18/13 - Received Biometrics Appointment Notice
01/22/13 - Early Biometrics Walk-in (scheduled Feb 7)
01/27/13 - We're pregnant!!
02/04/13 - Received Appointment Notice
03/04/13 - Approved EAD and AP (58 days)
03/12/13 - Received EAD and AP combo card
03/12/13 - Interview and Approved GC (63 days)
03/20/13 - Received Green Card

10/3/13 - Baby #1 arrived

2/17/14 - Pregnant again! LOL

10/20/14 - Baby #2 arrived
ROC
01/09/15 - Mailed I-751

01/12/15 - NOA

01/16/15 - Received NOA Letter

01/20/15 - Mailed DMV 1yr Extension

02/05/15 - Received Biometrics Letter

02/09/15 - Early Bio (Walk-IN)

02/19/15 - Biometrics Appointment

06/15/15 - Approved
06/15/15 - Card Ordered and Mailed

08/22/15 - Card Received

N-400 on or after 12/15/15



and they'll live happily ever, ever after...
Relationship Journey: Our pursuit to happiness

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If you are not legally divorced at the time you file then you will be denied. If you appeal the denial you couldn't then present your final judgment because it would be dater AFTER you filed... meaning you were rightly denied for not being free to marry when you filed.

So no. You need to wait.

:thumbs: exactly as Vanessa&Tony stated it. Also, you need to check with you state and make sure there is not a waiting period before you can remarry - because if there is - then you will also need to wait until that period is over to file your petition.

There have been cases posted on here where the petitioner filed just 3 days before their waiting period was over and they were denied because of it.


K1 Visa                                                                 Adjustment of Status                                                             ROC

Service Center : California Service Center                        CIS Office : Kansas City MO Service Center                           California Service Center

Consulate : Bucharest, Romania

I-129F Sent : 2011-11-18                                 Date Filed : 2012-09-04 Date                            Filed: 2015-05-26

I-129F NOA1 : 2011-11-23                                      NOA Date : 2012-09-06                                                             NOA1 Date: 2015-05-28

I-129F RFE(s) : none                                              RFE(s) : NONE                                              RFE(s): NONE

I-129F NOA2 : 2012-04-12                                                 Bio. Appt. : 2012-10-03                                                              BIO. Appt.: 2015-09-15

NVC Received : 2012-04-26

NVC Left : 2012-05-10                                           EAD/AP Approved : 2012-11-08                             ROC APPROVED:2015-10-26      

Consulate Received : 2012-05-14                               EAD/AP Card Received : 2012-11-17                         Green card Received: 2015-11-04    

Packet 3 Received : 2012-05-17                                          Green card Approved : 2013-07-08                        NO INTERVIEW

Packet 3 Sent : 2012-05-20                                                    NO INTERVIEW

Interview Date : 2012-06-26                                                 Green Card Received : 2013-07-15

Interview Result : Approved                                                 

Visa Received : 2012-06-26                                                   

US Entry : 2012-07-05

Marriage : 2012-08-24

 

N-400 Naturalization:

04/25/2016 N-400 sent to USCIS AZ courier address thru FedEx

05/04/2106 NOA I-797 Receipt Notice Date
05/27/2016 Fingerprints Bio-metrics appointment date
06/08/2016 E-notification of interview scheduling
06/13/2016 Received official letter regarding interview
07/18/2016 Date of Interview
08/11/2016 Date Oath Ceremony
Field Office: Kansas City, MO

event.png
 

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