Fiance just divorced. How long do we have to wait to fil a K-1 visa?

[diane79 14]

My american fiance just got the divorce yesterday (yay ). We met online in august 2012 when he was still married, but he didnt have a relationship with her ex wife, although they were still living together because they have a 13-year-old daugther and because it was cheaper for them to share the rent. They didnt sleep together. Besides, she also had boyfriend. They just share the house but they didnt have any kind of relationship but friendship.

His daughter, and all his family know about me, even the ex wife. I have spoken with his daughter several time trough skype and he's got the custody and she will live with us. Also, next month they are moving and now he and his (finally) ex wife will live in different places.

Im peruvian, but im living in argentina with dual citicenship for almos 3 years now. We have met twice, the first time in august 2013 when he came to Argentina for 14 day, and the second and last one we met in Peru in March 2014 to met my family.

My concern is, will it be too soon to fil the k-1 petition now? we want to do it as soon as we can, but also, we want to succeed of course, and I'm afraid due to the short time since he's got divorced, it could be taken as a red flag. Moreover, he´s from wisconsin, and he can't remarry after 6 months he got divorced. We were thinking that due to the process time, those 6 months will pass and he will be able to marry me by then. Has anybody passed through this situation? I have read a lot of responses, and its confusing, somo people say we can fil it and some people say we can't. I dont know what to do.

I hope someone can help us. Thanks in advance

Jennifer

[aaron2020 11,652]

Hi,

To file the K-1 petition, your fiancé must be free to marry.

Under Wisconsin law, he will not be free to marry until 6 months after his divorce.

He can not file for you right now. If he files right now, the case will be denied since he is not free to marry when the petition was filed.

He has to wait to be free to marry under Wisconsin law before he can file for you.

Sorry.

Edited June 21, 2014 by aaron2020

[diane79 14]

Hi,

To file the K-1 petition, your fiancé must be free to marry.

Under Wisconsin law, he will not be free to marry until 6 months after his divorce.

He can not file for you right now. If he files right now, the case will be denied since he is not free to marry when the petition was filed.

He has to wait to be free to marry under Wisconsin law before he can file for you.

Sorry.

I was afraid to hear that. Thanks for you quick response.

[Penguin_ie 6,002]

Yah unfortunately, Aaron is correct.