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kkarau1974

hes married but its almost final, can I still apply

By kkarau1974 in K-1 Fiance(e) Visa Process & Procedures

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kkarau1974 Newbie

kkarau1974   0

Posted
Filed: Timeline
Posted

Hi

I have been waiting for my going to be new husbands divorce to go through, It is getting close and should be done in a month. I have been reading things about this and I did find somewhere that I can start the paperwork, but in other areas it states we can not....I need some help and dont want to start it now and cause problems later........

Udella&Wiz Mentor

Udella&Wiz   325

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

You have to show proof that you are able to marry. That includes giving copies of the divorce decree with the I129F. If it is only a month then I would advise to wait so as not to set off any red flags.

Wiz(USC) and Udella(Cdn & USC!)

Naturalization

02/22/11 - Filed

02/28/11 - NOA

03/28/11 - FP

06/17/11 - status change - scheduled for interview

06/20?/11 - received physical interview letter

07/13/11 - Interview in Fairfax,VA - easiest 10 minutes of my life

07/19/11 - Oath ceremony in Fairfax, VA

******************

Removal of Conditions

12/1/09 - received at VSC

12/2/09 - NOA's for self and daughter

01/12/10 - Biometrics completed

03/15/10 - 10 Green Card Received - self and daughter

******************

TimsDaisy Proficient

TimsDaisy   0

Posted
Filed: K-1 Visa Country: United Kingdom
 Timeline
Posted

yeah, he's not legally free to marry yet and if you don't submit the proof of divorce, you'll either get an RFE later or worse - get accused of trying to conceal material facts and lying to the government if they find out he was married. either way, you'd face at least a month delay and maybe worse - so better to save that time on the front-end and do everything the easy, right way now.

I-129F/K1

1-12-07 mailed to CSC

1-22-07 DHS cashes the I-129F check

1-23-07 NOA1 Notice Date

1-26-07 NOA1 arrives in the post

4-25-07 Touched!

4-26-07 Touched again!

5-3-07 NOA2!!! Two approval emails received at 11:36am

5-10-07 Arrived at NVC/5-14-07 Left NVC - London-bound!

5-17-07??? London receives?

5-20-07 Packet 3 mailed

5-26-07 Packet 3 received

5-29-07 Packet 3 returned, few days later than planned due to bank holiday weekend

6-06-07 Medical in London (called to schedule on May 29)

6-11-07 "Medical in file" at Embassy

6-14-07 Resent packet 3 to Embassy after hearing nothing about first try

6-22-07 DOS says "applicant now eligible for interview," ie: they enter p3 into their system

6-25-07 DOS says interview date is August 21

6-28-07 Help from our congressional representative gives us new interview date: July 6

7-06-07 Interview at 9:00 am at the London Embassy - Approved.

7-16-07 Visa delivered after 'security checks' completed

I-129F approved in 111 days; Interview 174 days from filing

Handy numbers:

NVC: (603) 334-0700 - press 1, 5; US State Department: (202) 663-1225 - press 1, 0

*Be afraid or be informed - the choice is yours.*

apgk Collaborator

apgk   0

Posted
Filed: Country: India
 Timeline
Posted
Hi

I have been waiting for my going to be new husbands divorce to go through, It is getting close and should be done in a month. I have been reading things about this and I did find somewhere that I can start the paperwork, but in other areas it states we can not....I need some help and dont want to start it now and cause problems later........

cant say for sure. But I think the instruction say clearly that you have to be legally free to marry when applying for I-129F; which, from your note above seems like he is not. Also you might want to check with him - divorce can be finalized in steps - he can take out a judgement for status-only which will restore his single status and any property division can happen later also. Once he gets the status-only judgement he can legally marry.

kkarau1974 Newbie

kkarau1974   0

Posted
Filed: Timeline
  • Author
Posted

Thanks you two!!!!!!!!!!!!

I have been waiting so long, and had a baby allready in the time it has taken to get this divorce done in Jamaica.

I am excited for this part to start. I see the light

I do have another question, for phone records, Do I need to print my 1.5 years of them?

TimsDaisy Proficient

TimsDaisy   0

Posted
Filed: K-1 Visa Country: United Kingdom
 Timeline
Posted

No. Phone records aren't primary evidence. You can print a few select pages if you want -but you don't need them at this point.

Your baby's birth certificiate is probably pretty good evidence that you've met in person within the last two years!

As are passport stamps showing entrance and travel back and forth (his and/or yours), boarding passes, etc.

You can save the phone records (recent) for later on at the interview to show proof of on-going relationship.

I-129F/K1

1-12-07 mailed to CSC

1-22-07 DHS cashes the I-129F check

1-23-07 NOA1 Notice Date

1-26-07 NOA1 arrives in the post

4-25-07 Touched!

4-26-07 Touched again!

5-3-07 NOA2!!! Two approval emails received at 11:36am

5-10-07 Arrived at NVC/5-14-07 Left NVC - London-bound!

5-17-07??? London receives?

5-20-07 Packet 3 mailed

5-26-07 Packet 3 received

5-29-07 Packet 3 returned, few days later than planned due to bank holiday weekend

6-06-07 Medical in London (called to schedule on May 29)

6-11-07 "Medical in file" at Embassy

6-14-07 Resent packet 3 to Embassy after hearing nothing about first try

6-22-07 DOS says "applicant now eligible for interview," ie: they enter p3 into their system

6-25-07 DOS says interview date is August 21

6-28-07 Help from our congressional representative gives us new interview date: July 6

7-06-07 Interview at 9:00 am at the London Embassy - Approved.

7-16-07 Visa delivered after 'security checks' completed

I-129F approved in 111 days; Interview 174 days from filing

Handy numbers:

NVC: (603) 334-0700 - press 1, 5; US State Department: (202) 663-1225 - press 1, 0

*Be afraid or be informed - the choice is yours.*

kkarau1974 Newbie

kkarau1974   0

Posted
Filed: Timeline
  • Author
Posted

Thanks I would hope that the baby is enuf proof that we have seen each other...

I have lots of pictures of us together, and will have more with me, baby and him this next month, for a nice 3 week visit.

I have also saved all my traveling stuff as well.........

Jasman0717 Grand Master

Jasman0717   9

Posted
Filed: Citizen (pnd) Country: Philippines
 Timeline
Posted
You have to show proof that you are able to marry. That includes giving copies of the divorce decree with the I129F. If it is only a month then I would advise to wait so as not to set off any red flags.

:thumbs::yes: You must wait until you both are legally able to marry.

usa_fl_sm_nwm.gifphilippines_fl_md_clr.gif

United States & Republic of the Philippines

"Life is hard; it's harder if you're stupid." John Wayne

TimsDaisy Proficient

TimsDaisy   0

Posted
Filed: K-1 Visa Country: United Kingdom
 Timeline
Posted

travel documents are going to be considered more credible and harder to fake. so that and the living, breathing, baby proof is good. don't sweat phone records. included a few photos with dates and locations, etc, and you should be good to go.

I-129F/K1

1-12-07 mailed to CSC

1-22-07 DHS cashes the I-129F check

1-23-07 NOA1 Notice Date

1-26-07 NOA1 arrives in the post

4-25-07 Touched!

4-26-07 Touched again!

5-3-07 NOA2!!! Two approval emails received at 11:36am

5-10-07 Arrived at NVC/5-14-07 Left NVC - London-bound!

5-17-07??? London receives?

5-20-07 Packet 3 mailed

5-26-07 Packet 3 received

5-29-07 Packet 3 returned, few days later than planned due to bank holiday weekend

6-06-07 Medical in London (called to schedule on May 29)

6-11-07 "Medical in file" at Embassy

6-14-07 Resent packet 3 to Embassy after hearing nothing about first try

6-22-07 DOS says "applicant now eligible for interview," ie: they enter p3 into their system

6-25-07 DOS says interview date is August 21

6-28-07 Help from our congressional representative gives us new interview date: July 6

7-06-07 Interview at 9:00 am at the London Embassy - Approved.

7-16-07 Visa delivered after 'security checks' completed

I-129F approved in 111 days; Interview 174 days from filing

Handy numbers:

NVC: (603) 334-0700 - press 1, 5; US State Department: (202) 663-1225 - press 1, 0

*Be afraid or be informed - the choice is yours.*

JenT Experienced

JenT   0

Posted
Filed: AOS (apr) Timeline
Posted
Thanks I would hope that the baby is enuf proof that we have seen each other...

I have lots of pictures of us together, and will have more with me, baby and him this next month, for a nice 3 week visit.

I have also saved all my traveling stuff as well.........

As long as his name is on the baby's birth certificate! :whistle::)

8-30-05 Met David at a restaurant in Germany

3-28-06 David 'officially' proposed

4-26-06 I-129F mailed

9-25-06 Interview: APPROVED!

10-16-06 Flt to US, POE Detroit

11-5-06 Married

7-2-07 Green card received

9-12-08 Filed for divorce

12-5-08 Court hearing - divorce final

A great marriage is not when the "perfect couple" comes together.

It is when an imperfect couple learns to enjoy their differences.

ken and mintra Explorer

ken and mintra   0

Posted
Filed: Timeline
Posted
Hi

I have been waiting for my going to be new husbands divorce to go through, It is getting close and should be done in a month. I have been reading things about this and I did find somewhere that I can start the paperwork, but in other areas it states we can not....I need some help and dont want to start it now and cause problems later........

Jen, I just went through the same thing. when you submit your paperwork you have to show all final divorce decrees which also shows that you are able to legally marry. Since his divorce is not final, they will not accept his paperwork. What I would do is get all other papers/documents together and when the final decree is in your hands you can immediately file. Ken

 
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