HELP, K1 VISAAA!!!!!

[ceciliam92 0]

Hello! Me and my fiancee want to apply for a k1 visa next year. He's a US citizen by birth, I'm Mexican. He has been separated from his spouse since April 2014, however, his divorce process will finalize on March 1st,2015 so his divorce decree is going to be dated as March 1st, 2015. Would you think there would be a problem if his divorce decree is dated on March 1st, even though we met after he was separated? I don't want to be seen as a sidechick, because I met him after they got separated, still I don't want the k1 visa to be denied because our proof of meeting would be from September 2014, January 2015, April and September 2015, before the date of his divorce decree.I really don't know what to do

[LORIEandPHIL 123]

you just have to meet the requirements for the K1. They are that you have met within two years, and that you are both free to marry. once the divorce is finalised then you are free to apply. The fact he is still married is not an issue, I was separated when I met my now spouse, but had never bothered to file for a divorce, until after we decided to wed.

[~Alessa~ 26]

I think if it's possible, he could get a letter from his ex-wife where she will state that they were really separated and she didn't care if he dates anyone. And he will just add this letter to petition. See, petition is not that strict document, you can add whatever explanations and attachment papers you want. Each case is individual.

Edited December 10, 2015 by ~Alessa~

[2far 185]

A letter from his ex-wife is absolutely not needed. It's only important that he doesn't file the petition until after his divorce his final. This happens all the time and I wouldn't stress about it.

[KayDeeCee 4,893]

You don't need something from the ex.

I am assuming you meant that the divorce will be final in March 2016. You need to make sure there are no waiting requirements in his state, such as needing to wait 6 months to remarry. If there is a waiting period, then you need to wait that out before filing. He just needs to be free to marry at the time of filing the petition. It doesn't matter that he was not legally divorced when you met in person. Provide a copy of the divorce decree and your proof of meeting within the last 2 years before filing the petition. Add in proof of ongoing, bona fide relationship to 'front-load' for the K-1 visa interview at Juarez down the road, then bring more proof with you to the interview.

[baron555 934]

Hello! Me and my fiancee want to apply for a k1 visa next year. He's a US citizen by birth, I'm Mexican. He has been separated from his spouse since April 2014, however, his divorce process will finalize on March 1st,2015 so his divorce decree is going to be dated as March 1st, 2015.

Would you think there would be a problem if his divorce decree is dated on March 1st, even though we met after he was separated?

No

I don't want to be seen as a sidechick, because I met him after they got separated, still I don't want the k1 visa to be denied because our proof of meeting would be from September 2014, January 2015, April and September 2015, before the date of his divorce decree.I really don't know what to do

This happens all the time.

[MiNMiLove 33]

Met my Fiancé in June 2014 (when our relationship started) and my divorce was finalized Sept 2014, but didn't file until Sept 2015. Petition approved and we go for interview on Monday. Blessings to you and yours.