K1 VIsa

[julitathomas0810 30]

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 .

[mahalddk 1]

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.

[VanessaTony 3,567]

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.

[Tintin and Mike 127]

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

Good luck on your journey!

[agrabs 237]

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.

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.

[Tahoma 2,291]

Your petition would be denied.

Your appeal would be denied.