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Sirwan

Is it ok to get engage before your divorce is final?

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I went back to my home country on Dec 2014. I met a girl there and decided to engage with her while i was still legally married to someone else here in the US. Then I came back to the US and finally got divorced on May 2015. Now i have my final decree in hand and trying to apply for K1 visa for my fiance overseas. My question is, Is it ok to mention our engagement date which was before my divorce date for the USCIS? Because every picture we have together was taken at our engagement party since their asking for some evidence to prove that we have met within last two years. Thank You

Edited by Sirwan

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I'm not too sure on your original question other than to say that uscis mainly care that you are free to marry.

Some states require waiting periods between divorce and marriage, you might want to double check where you live and where you're getting married and that you can marry straight away otherwise you won't be free to marry.

As long as that's fine I don't see an issue, I see people on here with your situation all the time with little issue. But hopefully someone who' is or has been in this situation will provide further insight!


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It is ok to date/ have an engagement ceremony before you are officially divorced, as long as you do not petition for the K1 before you are actually free to marry.

That being said, if you came here on a spousal visa, then turn around, divorce and get engaged in quick sucession, that would be a red flag. Also, the longer you spend together face-to-face/ the more visits you have the better, so try an go there at least one more time before the interview.


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Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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I went back to my home country on Dec 2014. I met a girl there and decided to engage with her while i was still legally married to someone else here in the US. Then I came back to the US and finally got divorced on May 2015. Now i have my final decree in hand and trying to apply for K1 visa for my fiance overseas. My question is, Is it ok to mention our engagement date which was before my divorce date for the USCIS?

Sure. You only both need to be free to marry when you file the petition and you met in person within the two years prior to that. Your status during the meeting is of no bearing.

Because every picture we have together was taken at our engagement party since their asking for some evidence to prove that we have met within last two years. Thank You


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

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

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Related but not totally directed to OP, Can you petition an alien fiance if you are here on a spousal Visa?


Filed I-129f petition---------------- 01.07.2015

Hardcopy NOA1 rec.----------------01.23.2015

K1 Visa Received---------------------10.09.2015

Married--------------------------------- 12.12.2015

Filed AOS/EAD-------------------------02.02.2016

AOS/EAD NOA1 rec.------------------02.08.2016

EAD Approved--------------------------04.11.2016

:reading:You can read more about my immigration journey on my blog as well as get tips and information about the process.

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~Moved OP's secondary topic to OP's ongoing similar-themed thread~

~Please refrain from multiple posting of same topic~

Edited by Pitaya

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Is this somebody you just met or knew a long time ago?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Related but not totally directed to OP, Can you petition an alien fiance if you are here on a spousal Visa?

No, only USCs can file K-1 petitions.


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

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

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No, only USCs can file K-1 petitions.

Thanks. I'm ignorant (only filed K1). At what point does the alien spouse become a USC?


Filed I-129f petition---------------- 01.07.2015

Hardcopy NOA1 rec.----------------01.23.2015

K1 Visa Received---------------------10.09.2015

Married--------------------------------- 12.12.2015

Filed AOS/EAD-------------------------02.02.2016

AOS/EAD NOA1 rec.------------------02.08.2016

EAD Approved--------------------------04.11.2016

:reading:You can read more about my immigration journey on my blog as well as get tips and information about the process.

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Thanks. I'm ignorant (only filed K1). At what point does the alien spouse become a USC?

If they've stayed married to the original petitioner, then after three years, they can file for Naturalization.

If they don't stay married to the original petitioner, then they need to wait until five years have passed to file for Naturalization.


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

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

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If they've stayed married to the original petitioner, then after three years, they can file for Naturalization.

If they don't stay married to the original petitioner, then they need to wait until five years have passed to file for Naturalization.

Thank you again.


Filed I-129f petition---------------- 01.07.2015

Hardcopy NOA1 rec.----------------01.23.2015

K1 Visa Received---------------------10.09.2015

Married--------------------------------- 12.12.2015

Filed AOS/EAD-------------------------02.02.2016

AOS/EAD NOA1 rec.------------------02.08.2016

EAD Approved--------------------------04.11.2016

:reading:You can read more about my immigration journey on my blog as well as get tips and information about the process.

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