Divorce after 3 years marriage, found love again; questions

[The_Sage1 2]

I have a few questions I cannot seem to find the answers to, maybe someone can help. I sponsored my ex-wife on a fiance visa in 2009 and we married in 2010, and were married 3 years, but due to incompatibilities, we separated and pending a divorce. The problem is, I have a girlfriend from a different country now, we fell in love , and would it be possible to petition her on a K-1 Visa, or have I burned my immigration-sponsorship bridge? :/
What should I do now, that i want to marry her, and have her be with me?

[Girl from Celebes 588]

I have a few questions I cannot seem to find the answers to, maybe someone can help. I sponsored my ex-wife on a fiance visa in 2009 and we married in 2010, and were married 3 years, but due to incompatibilities, we separated and pending a divorce. The problem is, I have a girlfriend from a different country now, we fell in love , and would it be possible to petition her on a K-1 Visa, or have I burned my immigration-sponsorship bridge? :/

What should I do now, that i want to marry her, and have her be with me?

You have to be free to marry which is means you need to finalized your divorce and showing your divorce decree. For another question, I read a bunch of postings here and most of them don't have any problems filed second or third K-1 visa for their fiance(e)s and got approved. Good luck.

[KayDeeCee 4,902]

You can file an I-129F petition for her but your divorce must be final and any required waiting period must pass before you do so.

[The_Sage1 2]

I'm not sure I've read anywhere that there is a required waiting period, the only thing I read on requirements is that you have to be free to marry.

[clairegie 265]

I'm not sure I've read anywhere that there is a required waiting period, the only thing I read on requirements is that you have to be free to marry.

You need to wait for 6 months after the divorce is finalized (for Nebraska) before getting remarried. It's best to follow it to avoid nullifying the next marriage:

(2) For purposes of remarriage other than remarriage between the parties, a decree dissolving a marriage becomes final and operative six months after the decree is entered or on the date of death of one of the parties to the dissolution, whichever occurs first. If the decree becomes final and operative upon the date of death of one of the parties to the dissolution, the decree shall be treated as if it became final and operative the date it was entered.

Source: http://nebraskalegislature.gov/laws/statutes.php?statute=42-372.01

Edited September 21, 2013 by iammrsregi

[Gary and Alla 3,696]

I have a few questions I cannot seem to find the answers to, maybe someone can help. I sponsored my ex-wife on a fiance visa in 2009 and we married in 2010, and were married 3 years, but due to incompatibilities, we separated and pending a divorce. The problem is, I have a girlfriend from a different country now, we fell in love , and would it be possible to petition her on a K-1 Visa, or have I burned my immigration-sponsorship bridge? :/

What should I do now, that i want to marry her, and have her be with me?

Once the divorce is final...no problem. You do not even need a waiver if it is your 2nd K-1 and it is more than 2 years from the approval of the first K-1.

The divorce MUSt be final and you MUST be free to marry BEFORE you send your I-129f petition and a copy of the final divorce must be attached to the petition.

Also, and just to be complete in my answer, make SURE your current fiancee KNOWS about your previous foreign spouse. She will be asked about it at some point in the process. If you have not been up front about it with her...do so now.

ALSO

If your former wife is not a US citizen and has not left the USA, you will still have to claim her on the I-134 and I-864. She will still count as part of your family size. Divorce does not end your liability under the I-864

[KayDeeCee 4,902]

I'm not sure I've read anywhere that there is a required waiting period, the only thing I read on requirements is that you have to be free to marry.

Some states have waiting periods after divorce before you are able to remarry. Check with the laws of the state where you were divorced.