Do I need to wait until Divorce is finalized before filing for K-1?

[Gaiden79 14]

You must meet in person before you file

Thats right lol, i am starting to remember now. Had to get all those pictures of us together and stuff, been a while lol. Thank you.

[Ebunoluwa 6,136]

Thank you Pacerman! When I originally did my K-1 back in 2004 it took 6 months or so from start to finish, maybe things have changed a lot since I last did this stuff. I am going to visit my fiance this coming September and before I had to gather some things from her before returning to the US for the paperwork on the visa. Has things changed, without doing any research I am just asking can i actually start the petition now before i visit her and get things going? I know that sounds crazy because I haven't met her in real life yet, but just for the sake of knowing, can I do it? No, must have met in the past 2 years before filing.

Glad to hear pacerman, I think you are right about getting it from courts because that last meeting i had was a final hearing and nothing left to do. It is uncontested as you say. What is left to do is get a certified divorce decree to include in your petition.

[JonasSobieski 17]

Not sure if you got your answer but the waiting period has nothing to do with petitioning for a k-1 visa for your fiance. As long as you got your judgement for dissolution of marriage signed and dated by the judge and recorded in the office county clerk, you are legally divorced. There is a waiting period that varies by state, in some states it's 30 days, some other states might be 6 months. The waiting period is there because during that time, each party (yourself and your ex-wife) can appeal the decision of the court (that divorced you). If you are sure neither of you will be appealing (depending on how your relationship with ex-wife is) and you won't get married to your fiance sooner than 6 months, you are ok to file your K-1 visa papers. We filed our papers 2 days after i got my judgment recorded and obtained a copy and in my state the waiting period is 30 days.

If you don't have your judgment signed and dated and recorded, you cannot file as you're not legally divorced yet.

If you have not met her in person in the last two years you cannot file as that's one of the requirements, if you file, you'll just waste your money and will surely be denied.

Edited August 3, 2016 by JonasSobieski

[pch1 64]

Eligibility Requirements

If you petition for a fiancé(e) visa, you must show that:

• You (the petitioner) are a U.S. citizen.
• You intend to marry within 90 days of your fiancé(e) entering the United States.
• You and your fiancé(e) are both free to marry and any previous marriages must have been legally terminated by divorce, death, or annulment.
• You met each other, in person, at least once within 2 years of filing your petition. There are two exceptions that require a waiver:
  1. If the requirement to meet would violate strict and long-established customs of your or your fiancé(e)’s foreign culture or social practice.
  2. If you prove that the requirement to meet would result in extreme hardship to you.

Edited August 3, 2016 by pch1

[gsma 8]

I re-read the process and saw that I misquoted it. So I'm removing the incorrect information.

http://www.courts.ca.gov/1224.htm

Edited August 3, 2016 by gsma

[JonasSobieski 17]

I re-read the process and saw that I misquoted it. So I'm removing the incorrect information.

http://www.courts.ca.gov/1224.htm

According to this, in California, for the divorce to be legal and final, two things must happen:

1. 6 months have passed since the respondent is served initial documents, or appears in court

2. The court enters a decree of dissolution.

Only after both points are completed can both parties actually receive a copy of the divorce decree.

In OP's case, again, as long as he has the divorce decree, he can file for K-1 visa, there does not appear to be a separate waiting period as in other states.

[Russ&Caro 1,548]

Relax! Stay single for awhile. It's not all that bad.

[pch1 64]

My question to everyone here, When it clearly stated for filing I-129f petition and it says Copy of final Divorce Decree(s) or Certificate(s) for the US Citizen and/or foreign fiance(e) if either has been previously married to be submitted with the petition. So if they are not submitted that will be a reason to issue RFE. Then its all up to the petitioner to provide evidence in time required by USCIS, Right?

Delays, denial and shelving of petition might be considered since it is required. So giving information to members that are based on one case that might have slipped by is misleading when it is very clear about the requirements from one state to another.

Also, what would the beneficiary respond to the CO if asked, where is your fiance's final divorce decree? I am sure it will be put on AP and cause more delays....So its better to play it safe and follow the rules and requirements.

[USAMorocco 143]

ABOVE 2 posts are correct, exactly what I stated in my post also, thank you!,, so as we said final signed divorce decree,,all that's needed, I got certified copy from court, some states do have 6 month wait as did mine and the original poster,, that 6 month is not a condition of being free to marry as far as uscis is concern, we specifically planned ours so we hit the time frame,, our travel back to usa was 2 months before my 6 month expired, we made wedding plans, got the licence the day of 6 month expired, married a week later, simply the process will take 4 months before she arrives in usa from start, so you can bet you can time this to fit the schedule, good luck!

So than your divorce was FINAL and you had no waiting period when you had the final divorce papers in your hand. OPs divorce is not finalized and NO YOU CANNOT FILE IF YOUR DIVORCE IS NOT FINALIZED.

[Ebunoluwa 6,136]

My question to everyone here, When it clearly stated for filing I-129f petition and it says Copy of final Divorce Decree(s) or Certificate(s) for the US Citizen and/or foreign fiance(e) if either has been previously married to be submitted with the petition. So if they are not submitted that will be a reason to issue RFE. Then its all up to the petitioner to provide evidence in time required by USCIS, Right?

Delays, denial and shelving of petition might be considered since it is required. So giving information to members that are based on one case that might have slipped by is misleading when it is very clear about the requirements from one state to another.

Also, what would the beneficiary respond to the CO if asked, where is your fiance's final divorce decree? I am sure it will be put on AP and cause more delays....So its better to play it safe and follow the rules and requirements.

OP has been advised that he needs the divorce decree in hand before filing. If he doesn't have it a RFE is usually issued

or flat out denied.

[gsma 8]

According to this, in California, for the divorce to be legal and final, two things must happen:

1. 6 months have passed since the respondent is served initial documents, or appears in court

2. The court enters a decree of dissolution.

Only after both points are completed can both parties actually receive a copy of the divorce decree.

In OP's case, again, as long as he has the divorce decree, he can file for K-1 visa, there does not appear to be a separate waiting period as in other states.

I believe this is kind of what I originally said. However, upon further reading - it indicated that one may receive an approved decree prior to this 6 months. However, it is not valid until the 6 months has passed. ie. You can be mailed back the decree, but the date it states as being valid may be in the future. I believe that if you live in an area that the courts may be busy, they may not prioritize divorces until closer to the 6 months date. (Some may process sooner, but will indicate the date the decree becomes valid)

[pacerman 5]

some above do not read completely, new posters please read completely, because by the new replys its clear some are not reading everything

my divorce was final , as I said, judgement in hand, BUT I did have the 6 month wait period, the day after I was divorced I went courthouse got copy of judgement, and filed k1 I did not wait my 6 month required by Wisconsin law,, and you don't have to,

I think this post needs to be done, the rule clearly is final judgement in hand good to go, no need waiting the waiting period to file,, everyone please read all before posting something that was clearly said. OP if you got judgement of divorce in hand your good to go

[pacerman 5]

USAMorocco, read my post complete, it clearly states I have a 6 month wait period,, that means nothing for filing k1 simply all needed is final judgement of divorce signed by judge. if you read my posts it will be more clear

[Jawaree 717]

To file K1 a divorce decree signed by a judge is necessary if there is prior

marriage, also the 2 ppl must have met face to face within the past 2 yrs (with

documented proofs) not just pics, there may be questions if all this was

planned by you 3 (not necesssairly but possible) whats the hurry to re-marry

[pch1 64]

some above do not read completely, new posters please read completely, because by the new replys its clear some are not reading everything

my divorce was final , as I said, judgement in hand, BUT I did have the 6 month wait period, the day after I was divorced I went courthouse got copy of judgement, and filed k1 I did not wait my 6 month required by Wisconsin law,, and you don't have to,

I think this post needs to be done, the rule clearly is final judgement in hand good to go, no need waiting the waiting period to file,, everyone please read all before posting something that was clearly said. OP if you got judgement of divorce in hand your good to go

pacerman, although I understand what you are saying and that you had no problem with your petition. Maybe USCIS are not enforcing what they state on their website "Free to marry" Which is part of illegibility to petition as stated on their website.

On the other hand, if we go to the Instruction for filing I-129, there is no mention of the "Free to Marry" instructions Page 7 (a) to submit evidence that all prior marriages have been terminated...etc...

Also, on the Petition itself, I did not see any reference to "Free to marry" unless I missed it somehow.

The question remain, if USCIS not enforcing this rule, (baring in mind the 6 months it takes to process a K1 VISA) by only verifying that the person has submitted his/her divorce decree???

. Do people want to take the chance and follow your advise and might or might not get an RFE, even USCIS states "Free to Marry when filing the petition?" If it was me, I will follow the rules and requirements to be eligible to petition.

You might agree or disagree but this is where it stands!!