Divorce in Progress, K1 Visa for New Fiancee

[alexisr85 2]

Hello everyone. I am married to a woman that had a Visitor Visa when I first met her. I filed for adjustment of status, was approved, and she finally had her green card conditions removed last year around May. The marriage was rocky towards the end, but we stayed together to see if we could fix things somehow, although we started seeing other people. Around July we decided things were just not going to work out, so we chose to separate and not renew our apartment lease.

Things got very serious between myself and my now-finacee, whom I met while vacationing on Dec 2012. I traveled 5 times between Dec '12 - Dec '13 to spend time with my finacee (I spent about a month to a month and a half there during each trip since I was not working). I finally filed for divorce this February, and the divorce should be final towards the middle of April. I want to file for a K1 Visa for my finacee, as we both want to get married and live our lives together. I have no concerns regarding fraud interviews or anything like that, since our relationship is not fake and we have more than enough evidence to prove it (phone records, social networks, chat logs, thousands of pictures, gifts, money transfers, trips, our families spent time/took pictures together, etc).

My question is, would it be ok to file for the K1 Visa immediately after the divorce is finalized. I'm very excited and don't want to keep waiting. The divorce took a bit longer than expected, but I would love for my finacee to be here before the end of the summer (August). If the divorce is final by the middle of April, would it be ok to file for the K1 towards the end of April? I'm sure USCIS will still look at fraud possibilities regardless, but would waiting/not waiting make a difference at all (is it recommended to wait)? In the end, I'm not concerned about the fraud aspect, but I just don't want to delay/hinder the process by moving everything so quickly. At the same time, I don't want to wait just because I want it to look "less fraudulent," if that makes sense. Thanks for your help!

[Hypnos 6,579]

You can file whenever you are free to marry, but expect greater scrutiny of your second case due to the first.

[baron555 934]

My question is, would it be ok to file for the K1 Visa immediately after the divorce is finalized. I

Yes

[alexisr85 2]

Pretty much what I figured. Thanks for confirming!