Can my fiance petition for a K-1 before I receive my divorce papers?

[Cyclemad 0]

Hi,

I have met and am going to be marrying a wonderful American lady. I have, however, not completed the process of divorce of my past relationship. I am thus in the process of divorce, which should be finalized in the next 7 weeks (first week in December). Is it possible for my fiance to petition for a K-1 visa before I have received my divorce papers, or will these be needed? I understand that the petition for the visa takes about 6 months, which is quite a while, so I wanted to know if we could start the process now as I my ex-wife and I have already signed the settlement agreement and it is just a matter of it walking through the court process and waiting for our court date to get the papers.

Also, I wanted to know if there would be any problem with me traveling over on my tourist visa (I have a new 10 year visa) for the months before the K-1 visa is issued.

Any revelations of this would be greatly appreciated.

[Hypnos 6,576]

You must be free to marry at the time the I-129F is filed, so you cannot file now (unless you want to be denied).

You can attempt entry on your B-2, but may need to show significant ties to your home country.

[Cyclemad 0]

That is as I thought .Thanks so much for your reply.

In terms of being denied entry, that obviously means when I arrive in the USA, correct? Because I already have the visa valid for 10 years. Must I take documentation over with me to prove that I will be returning to South Africa? I ask because I did not take any with me when I went now in September.

Thanks again.

[c12h22oh 11]

You have to be divorced before you file the petition or you will be done with immigration.. Concentrate in the divorce first

[Hypnos 6,576]

In terms of being denied entry, that obviously means when I arrive in the USA, correct? Because I already have the visa valid for 10 years. Must I take documentation over with me to prove that I will be returning to South Africa?

Must you? No, but if they ask to see something and you don't have anything then expect problems. It's better to have it and not need it than need it and not have it. They might just wave you through again without asking for anything at all, there's no way to know until you arrive.

[sandgoose 8]

Yeah, as others have posted - wait until the divorce is final.

[Dave&Roza 748]

Hi,

I have met and am going to be marrying a wonderful American lady. I have, however, not completed the process of divorce of my past relationship. I am thus in the process of divorce, which should be finalized in the next 7 weeks (first week in December). Is it possible for my fiance to petition for a K-1 visa before I have received my divorce papers, or will these be needed? I understand that the petition for the visa takes about 6 months, which is quite a while, so I wanted to know if we could start the process now as I my ex-wife and I have already signed the settlement agreement and it is just a matter of it walking through the court process and waiting for our court date to get the papers.

Also, I wanted to know if there would be any problem with me traveling over on my tourist visa (I have a new 10 year visa) for the months before the K-1 visa is issued.

Any revelations of this would be greatly appreciated.

You must be free to marry which means not only the divorce is finalized, but any other laws that restrict getting married again must be met--i.e. a 6 month waiting period like the state of Texas has. So you must follow the laws associated with where you get divorced which I would assume would be South Africa. You submit an intent to marry statement with the I-129F which says that you are free to marry and will marry your fiancee within 90 days of arriving in the US. If you are not free to marry than you just lied and signed your name to it--very bad i the eyes of the USCIS.

Good luck,

Dave

[Cyclemad 0]

Okay, thanks for these replies, they make complete sense and were as I thought.

I ask your patience while I ask another question....

If I come over there on my tourist visa in January and we petition for the fiance visa once I get there, do I have to return to South Africa in order to complete my visa and do the interview? Or can that part of the process be done here?

Obviously it would depend on how long it takes for the petition to go through as I cannot stay for longer than a 6 month stretch on my tourist visa.

Thanks again for the help and advice!

[Dave&Roza 748]

Okay, thanks for these replies, they make complete sense and were as I thought.

I ask your patience while I ask another question....

If I come over there on my tourist visa in January and we petition for the fiance visa once I get there, do I have to return to South Africa in order to complete my visa and do the interview? Or can that part of the process be done here?

Obviously it would depend on how long it takes for the petition to go through as I cannot stay for longer than a 6 month stretch on my tourist visa.

Thanks again for the help and advice!

You will have to return before the tourist visa expires. The K-1 visa is issued at the beneficiary's country of residence after an interview at the Embassy/Consulate. At least you can spend the first six months or so with your fiancee.

Dave

Edited October 10, 2013 by Dave&Roza

[salie_adnan10 0]

Hi,

I have met and am going to be marrying a wonderful American lady. I have, however, not completed the process of divorce of my past relationship. I am thus in the process of divorce, which should be finalized in the next 7 weeks (first week in December). Is it possible for my fiance to petition for a K-1 visa before I have received my divorce papers, or will these be needed? I understand that the petition for the visa takes about 6 months, which is quite a while, so I wanted to know if we could start the process now as I my ex-wife and I have already signed the settlement agreement and it is just a matter of it walking through the court process and waiting for our court date to get the papers.

Also, I wanted to know if there would be any problem with me traveling over on my tourist visa (I have a new 10 year visa) for the months before the K-1 visa is issued.

Any revelations of this would be greatly appreciated.

as far as i know from my other friends that ur divorce has to be final before you can actualy file for the k1 because it required you to send them a copy of your divorce paper good luck