Divorce before applying for K1 visa

[justintimewell 0]

So here's my story.... my name is Justin, I'm from Illinois, a lil over a year ago I met the girl I want to spend the rest of my life with, we just knew from the first time we chatted online that we were perfect for each other. Her name is Pitcha, she lives in Bangkok. We chat online all day, every day, yahoo cam, send each other gifts, occasionally call, and so on. About 6 months ago we tried to get a tourist visa so she could come here and we could meet and see where it goes. We did not know much about the visa process and the high percentage of tourist visas getting denied at the time, so of course we got denied. After she got denied I decided to go her. My first time leaving the US and first time ever being on a plane. After my 25 hr journey to the other side of the world, we finally meet, and spend 2 weeks falling more in love than we were before. Was the most amazing experience of my life. The only bad part of my trip was having to leave her standing in the airport with tears pouring from her eyes as she watched me leave, not knowing how long it will be before we meet again. Ok so now my question.......she is separated from her husband, but not legally divorced. They have a daughter and he still takes care of her and her daughter. They remain friendly and civil to each other for the sake of their daughter and their home. They are able to live in an apartment of his workplace since they are still legally married. Here is where it gets complicated..........he knows me and her are happy together and want to marry. but if they legalize the divorce, then he will no longer support her and she will be forced to move and will create problems for her and her daughter. I know the visa process takes a lot of time, so my question is......Can we start the K1 process while she is still married as long as she gets divorced sometime during the process? I just worry that she gets divorced and our K1 visa process takes up to a year and she is having a tough time there for a year. Any info helping our situation would be much appreciated. Thanks for reading.

Edited October 7, 2013 by justintimewell

[apple21 953]

No. You must be BOTH free to marry at the time of filing.

You and your fiancé(e) are both free to marry and any previous marriages must have been legally terminated by divorce, death, or annulment.

Source: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=640a3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=640a3e4d77d73210VgnVCM100000082ca60aRCRD

[Girl from Celebes 588]

So here's my story.... my name is Justin, I'm from Illinois, a lil over a year ago I met the girl I want to spend the rest of my life with, we just knew from the first time we chatted online that we were perfect for each other. Her name is Pitcha, she lives in Bangkok. We chat online all day, every day, yahoo cam, send each other gifts, occasionally call, and so on. About 6 months ago we tried to get a tourist visa so she could come here and we could meet and see where it goes. We did not know much about the visa process and the high percentage of tourist visas getting denied at the time, so of course we got denied. After she got denied I decided to go her. My first time leaving the US and first time ever being on a plane. After my 25 hr journey to the other side of the world, we finally meet, and spend 2 weeks falling more in love than we were before. Was the most amazing experience of my life. The only bad part of my trip was having to leave her standing in the airport with tears pouring from her eyes as she watched me leave, not knowing how long it will be before we meet again. Ok so now my question.......she is separated from her husband, but not legally divorced. They have a daughter and he still takes care of her and her daughter. They remain friendly and civil to each other for the sake of their daughter and their home. They are able to live in an apartment of his workplace since they are still legally married. Here is where it gets complicated..........he knows me and her are happy together and want to marry. but if they legalize the divorce, then he will no longer support her and she will be forced to move and will create problems for her and her daughter. I know the visa process takes a lot of time, so my question is......Can we start the K1 process while she is still married as long as she gets divorced sometime during the process? I just worry that she gets divorced and our K1 visa process takes up to a year and she is having a tough time there for a year. Any info helping our situation would be much appreciated. Thanks for reading.me and Pitcha.jpgme and Pitcha.jpg

I agree with the other poster here. You both HAVE to be free to get marry by presenting them a divorce decree to prove the termination of her marriage. For more other specific information of country where the beneficiary comes from, I would suggest you to ask Ning. Good luck.

[voxdei 2]

sorry to hear that but u cannot file for K1 unless she's legally divorced.

[justintimewell 0]

ok thanks for the feedback.

one more question........

we took nearly 500 pix of our time together, mostly just me and her, but a cpl with her daughter and some with her coworkers and friends, but none of any other family because they live too far away and she rarely sees them. Will just our pix of me and her together, and the pix with her daughter, and the ones with her coworkers and friends be good enough proof? of course i also have all the airline receipts and phone records, and online chats and a number of other things to submit. i just want to make sure we have everything we need so we get approved.

[canadian_wife 1,791]

Pictures are considered secondary evidence. Meaning they are good, but they are not as good as evidence of spending long periods of time together. Pictures can be faked or misleading. Focus on passport stamps, hotel receipts, boarding passes, anything that shows the duration of your visit

good luck

[Samuel5028 2]

Following are the proofs to be submitted to USCIS when u filing K1 visa.

• A passport valid for travel to the United States and with a validity date at least six months beyond your intended period of stay in the U.S. (unless country-specific agreements provide exemptions)
• Divorce or death certificate of any previous spouse for both you and the U.S. citizen sponsor
• Police certificates from your present country of residence and all countries where you have lived for 6 months or more since age 16 (Police certificates are also required for accompanying children age 16 or older)
• Medical examination
• Evidence of financial support (Form I-134, Affidavit of Support, may be requested)
• Two (2) 2x2 photographs. See the required photo format explained in Photograph Requirements
• Evidence of relationship with your U.S. citizen fiance

Source Link - http://travel.state.gov/visa/immigrants/types/types_2994.html

[Ning 619]

So here's my story.... my name is Justin, I'm from Illinois, a lil over a year ago I met the girl I want to spend the rest of my life with, we just knew from the first time we chatted online that we were perfect for each other. Her name is Pitcha, she lives in Bangkok. We chat online all day, every day, yahoo cam, send each other gifts, occasionally call, and so on. About 6 months ago we tried to get a tourist visa so she could come here and we could meet and see where it goes. We did not know much about the visa process and the high percentage of tourist visas getting denied at the time, so of course we got denied. After she got denied I decided to go her. My first time leaving the US and first time ever being on a plane. After my 25 hr journey to the other side of the world, we finally meet, and spend 2 weeks falling more in love than we were before. Was the most amazing experience of my life. The only bad part of my trip was having to leave her standing in the airport with tears pouring from her eyes as she watched me leave, not knowing how long it will be before we meet again. Ok so now my question.......she is separated from her husband, but not legally divorced. They have a daughter and he still takes care of her and her daughter. They remain friendly and civil to each other for the sake of their daughter and their home. They are able to live in an apartment of his workplace since they are still legally married. Here is where it gets complicated..........he knows me and her are happy together and want to marry. but if they legalize the divorce, then he will no longer support her and she will be forced to move and will create problems for her and her daughter. I know the visa process takes a lot of time, so my question is......Can we start the K1 process while she is still married as long as she gets divorced sometime during the process? I just worry that she gets divorced and our K1 visa process takes up to a year and she is having a tough time there for a year. Any info helping our situation would be much appreciated. Thanks for reading.me and Pitcha.jpgme and Pitcha.jpg

You need a total understanding of the situation and we need more info. Please keep in mind we all want to help you not be critical of what you have or will do.

My first question is about her " marriage ". In Thailand it is common to describe a relationship such as she says she has with this Thai man as being married when many people are not really legally married. I would tell her you need a copy of her Thai marriage certificate. You will later need a copy of her divorce cert if she is in fact married. Thais do not marry because doing so gives the man access to the families assets. Thai law doesn't protect women as the laws here do.

Do not attempt to start the K 1 process until you are certain she is divorced. Do not send money or pay for anything from this point forward. Please follow this advise until you have a better understanding of these affairs. Pun intended Karee.

I hope Karee and some other members experienced with Thailand will add some insight today as well.

I will send you a P M later today.

[bernegozzi 0]

So here's my story.... my name is Justin, I'm from Illinois, a lil over a year ago I met the girl I want to spend the rest of my life with, we just knew from the first time we chatted online that we were perfect for each other. Her name is Pitcha, she lives in Bangkok. We chat online all day, every day, yahoo cam, send each other gifts, occasionally call, and so on. About 6 months ago we tried to get a tourist visa so she could come here and we could meet and see where it goes. We did not know much about the visa process and the high percentage of tourist visas getting denied at the time, so of course we got denied. After she got denied I decided to go her. My first time leaving the US and first time ever being on a plane. After my 25 hr journey to the other side of the world, we finally meet, and spend 2 weeks falling more in love than we were before. Was the most amazing experience of my life. The only bad part of my trip was having to leave her standing in the airport with tears pouring from her eyes as she watched me leave, not knowing how long it will be before we meet again. Ok so now my question.......she is separated from her husband, but not legally divorced. They have a daughter and he still takes care of her and her daughter. They remain friendly and civil to each other for the sake of their daughter and their home. They are able to live in an apartment of his workplace since they are still legally married. Here is where it gets complicated..........he knows me and her are happy together and want to marry. but if they legalize the divorce, then he will no longer support her and she will be forced to move and will create problems for her and her daughter. I know the visa process takes a lot of time, so my question is......Can we start the K1 process while she is still married as long as she gets divorced sometime during the process? I just worry that she gets divorced and our K1 visa process takes up to a year and she is having a tough time there for a year. Any info helping our situation would be much appreciated. Thanks for reading.me and Pitcha.jpgme and Pitcha.jpg

No, when filling the K129-f visa, you must attached all papers, which includes her marriage papers and divorce papers, you must to prove both are single and able to get married, in order for the K129 be approved. She better starts her divorce process now, otherwise this will take even longer than you expect. You must have all paperwork ready in order to start the request, after you mail everything it will take 8 to 10 months for her visa to be completed, and she be able to travel to US. Hope this helps.Best luck to you !

[Benediction 15]

As repeated, both free and single to marry. I would recommend that if she truly loves you, sacrifices must be made in order for that love to move forward or be sustained. Good luck in your journey and I wish you both God's blessings.

[ricnally 258]

No, when filling the K129-f visa, you must attached all papers, which includes her marriage papers and divorce papers, you must to prove both are single and able to get married, in order for the K129 be approved. She better starts her divorce process now, otherwise this will take even longer than you expect. You must have all paperwork ready in order to start the request, after you mail everything it will take 8 to 10 months for her visa to be completed, and she be able to travel to US. Hope this helps.Best luck to you !

Just for the sake of clarity for the benefit of the OP, it's I-129F petition, and K-1 visa.

[Ning 619]

ok thanks for the feedback.

one more question........

we took nearly 500 pix of our time together, mostly just me and her, but a cpl with her daughter and some with her coworkers and friends, but none of any other family because they live too far away and she rarely sees them. Will just our pix of me and her together, and the pix with her daughter, and the ones with her coworkers and friends be good enough proof? of course i also have all the airline receipts and phone records, and online chats and a number of other things to submit. i just want to make sure we have everything we need so we get approved.

If the pics are used at all they would be submitted much later in the process such as during the interview or with the P 3 docs.

[Karee 4,189]

You need a total understanding of the situation and we need more info. Please keep in mind we all want to help you not be critical of what you have or will do.

My first question is about her " marriage ". In Thailand it is common to describe a relationship such as she says she has with this Thai man as being married when many people are not really legally married. I would tell her you need a copy of her Thai marriage certificate. You will later need a copy of her divorce cert if she is in fact married. Thais do not marry because doing so gives the man access to the families assets. Thai law doesn't protect women as the laws here do.

Do not attempt to start the K 1 process until you are certain she is divorced. Do not send money or pay for anything from this point forward. Please follow this advise until you have a better understanding of these affairs. Pun intended Karee.

I hope Karee and some other members experienced with Thailand will add some insight today as well.

I will send you a P M later today.

I'm not touching this one.

[Shiobhan 235]

Oh hell no' Y ask you already know you cant

she go a cozy little set up

[Jamnan_n_Steve 17]

It is important to clarify where the child stands in this process. If the father's name is on the child's birth certificate (whether there was a legal marriage or not) his agreement in writing is necessary for the child to receive a visa. This does not need to be included with your petition but I would strongly advise you have this in hand before filing. If tyke is not possible you need to ask yourself whether the father truly supports his ex- wife's relationship with you and accepts you as the child's step-parent.

Steve