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HELP! how long after I get my divorce decree can I file k-1

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Filed: K-1 Visa Country: Senegal
Timeline

Hi, my k-1 fiance and I met in late 2013 while i was on a trip but at the time i was engaged to be married. So i return and got married in early 2014 but still kept in contact with my fiancé during the entire time..now i've filed for divorce and planning on filing a k-1 for my fiancé. How long after the decree is it reasonable to wait and file since i'll be newly divorced.

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Filed: K-1 Visa Country: Senegal
Timeline

Hi, my k-1 fiance and I met in late 2013 while i was on a trip but at the time i was engaged to be married. So i return and got married in early 2014 but still kept in contact with my fiancé during the entire time..now i've filed for divorce and planning on filing a k-1 for my fiancé. How long after the decree is it reasonable to wait and file since i'll be newly divorced.

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Filed: AOS (apr) Country: Kenya
Timeline

It depend on your state. For some you are free to marry immediately and for others one must wait six months.

ALSO......you need to have met in person within two years prior to filing the petition.....so your 2013 meeting in person doesn't qualify...you'll have to meet in person again prior.

Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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As long as your state does not require a waiting period before remarriage, you can file the petition the same day your divorce is finalized. In my case, I dated my wife throughout my divorce process, and as soon as my divorce was final, I filed the I-129F petition. Date of final divorce: April 1. Date of I-129F submission: April 3.

K-1
NOA1: 04/08/2014; NOA2: 04/21/2014; Visa interview, approved: 07/15/2014; POE: 07/25/2014; Marriage: 09/05/2014

 

AOS

NOA1:  09/12/2014;  Biometrics:  10/06/2014;  EAD/AP Received:  11/26/2014;  Interview Waiver Letter:  01/02/2015;  

RFE:  07/09/2015;  Permanent Residency Granted:  07/27/2015;  Green card Received:  08/22/2015

 

ROC

NOA1:  05/24/2017;  Biometrics:  06/13/2017;  Approved without interview:  09/05/2018;  10 Yr Green card Received:  09/13/2018

 

Naturalization

08/09/2020 -- Filed N-400 online

08/09/2020 -- NOA1 date

08/11/2020 -- NOA1 received in the mail

12/30/2020 -- Received notice online that an interview was scheduled

02/11/2021 -- Interview

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Filed: AOS (pnd) Country: China
Timeline

Hi, my k-1 fiance and I met in late 2013 while i was on a trip but at the time i was engaged to be married. So i return and got married in early 2014 but still kept in contact with my fiancé during the entire time..now i've filed for divorce and planning on filing a k-1 for my fiancé. How long after the decree is it reasonable to wait and file since i'll be newly divorced.

You must be legally eligible to marry before you file I-129F,

and your divorce attorney should know how many days you have to wait

after the divorce for your area of residence.

Where I live, I think it's 30 days, but I've read other posting,

I think it was in Wisconsin somewhere, where they had to wait

6 months(???) or so.

10-04-2013 We met online
11-21-2013 We met in person in Shanghai for 2 weeks

12-13-2013 I-129F packet sent via express

12-19-2013 USCIS NOA #1 (text and email) received

12-24-2013 USCIS assigns Alien Registration Number
12-31-2013 USCIS NOA #1 hard copy received
06-02-2014 USCIS web site shows NOA #2 approval
06-06-2014 USCIS web site shows case sent to NVC

06-xx-2014 Fiancee acquired birth, marriage, and police certificates from local police station (wrong)

06-16-2014 NVC creates case with GUZ### number

06-19-2014 NVC sends case sent to Guangzhou, China
06-24-2014 Received packet 3 express mail from embassy
06-25-2014 Completed DS-160 and paid K1 visa fee

06-26-2014 Mailed packet 3 response back to Embassy

06-26-2014 Requested police certificate from Russian embassy

07-08-2014 Received packet 4 email from Embassy

07-17-2014 Picked up Russian police certificate

07-25-2014 Fiancee medical exam (received MMR & Varicella, but they missed required TD shot)

07-31-2014 Picked up medical exam reports

08-01-2014 Request (correct) birth, marriage, and police certificates from Notarial Service (GongZhengChu)

08-06-2014 Picked up birth, marriage, and police certificates from Notarial Service

08-14-2014 Passed Interview Guangzhou embassy

09-01-2014 Received passport, visa, & sealed envelope

09-13-2014 POE

09-17-2014 Went to CBP office to get (US entry) I-94 updated correctly

09-18-2014 Applied for Social Security Card
09-19-2014 Applied for Marriage License (via online)
09-25-2014 Received Social Security Card
09-30-2014 Picked up Marriage License
10-09-2014 Marriage by Justice of Peace
10-09-2014 Got Certified Marriage Certificate Copies
10-17-2014 Received a letter from SS office that they need the marriage license
10-09-2014 Applied to change the social security card name
10-24-2014 Went back to SS office to provide the marriage certificate documents again!!!
12-09-2014 Submitted AOS, EAD, and AP
12-16-2014 Received 16 emails and 16 text NOA messages
01-05-2015 Received Biometrics appointment letter for (01-12-2015)
01-12-2015 Had Biometrics (fingerprint & picture) - Required Marriage Certificate!!!
02-17-2015 EAD and AP is approved
02-23-2015 Received AP is approval letter
02-25-2015 Received EAD/AP combo card (expires 02/16/2016)
02-27-2015 Applied for SS card name change (they took her SS card)
02-27-2015 Driver's learner permit test was denied since the SS card was given to SS office for name change
03-17-2015 Received SS card with married name
03-17-2015 Started to change all her accounts to married name
03-23-2015 Received potential interview waiver letter
03-27-2015 DMV rejects learner's permit due to "legal status=pending" and vision test failure
04-05-2015 Vision test for learner's permit
04-06-2015 DPS sent us letter that DHS cleared my wife's status to acquire driver's license.
04-10-2015 Passed Driver Learner's Permit
04-22-2015 Received Driver Learner's Permit ID card (expires 02/16/2016)
08-27-2015 Green Card approved
08-31-2015 Received Green Card "Welcome Notice Was Mailed" letter
09-05-2015 Received Green card
10-26-2015 Passed Driver's License Road Test (on 3rd attempt)
11-03-2015 Received Driver's License (expires 02/16/2022)
11-06-2015 Applied to remove conditional work remark on SS card
11-23-2015 Received updated Social Security Card.
- - - - - - - - - - Pending Future Processing - - - - - - - - - -
05-27-2017 File 10 Year Green Card
08-27-2017 2 Year Green Card Expires
05-27-2018 File USC

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Filed: K-1 Visa Country: Senegal
Timeline

It hasn't been 2 yrs yet since we last saw. We met dec-2013 and i stayed till jan 2014.i have my returned itinerary and alalso passport stamps..i was planning a trip again this December but due to other circumstances it's not safe for me to travel there

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Filed: K-1 Visa Country: Ghana
Timeline

It depend on your state. For some you are free to marry immediately and for others one must wait six months.

ALSO......you need to have met in person within two years prior to filing the petition.....so your 2013 meeting in person doesn't qualify...you'll have to meet in person again prior.

Wouldn't a late 2013 meeting give the person until late 2015 to file?

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Filed: AOS (apr) Country: Kenya
Timeline

Wouldn't a late 2013 meeting give the person until late 2015 to file?

Yes, bad math on my part.

Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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Filed: Citizen (apr) Country: Ecuador
Timeline

*** Thread moved from Current Events forum to K-1 Process forum and merged with existing thread. Please post only once on a single topic. ***

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Filed: K-1 Visa Country: Ghana
Timeline

You must be legally eligible to marry before you file I-129F,

and your divorce attorney should know how many days you have to wait

after the divorce for your area of residence.

Where I live, I think it's 30 days, but I've read other posting,

I think it was in Wisconsin somewhere, where they had to wait

6 months(???) or so.

Yes, in Wisconsin there is a 6 months wait after divorce until you are eligible to remarry.
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http://www.lawqa.com/free-legal-resources/divorce/remarriage-waiting-period-after-divorce

If your profile is correct for the state - TN -

No waiting period. (It takes 60 days for couples without children and 90 couples with children for the court to issue a final divorce decree after a divorce petition is filed.)

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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