Cant Say Your Engaged If Going Through Divorce?

[llaz 232]

I thought I read somewhere that someone said that you cannot state in the k1 visa packet that you are engaged if one of the other parties is still married. Is that correct?

[Ash.1101 1,755]

In the not-immigration world, you can say you're engaged all you want while one or even both parties are married. It just becomes a moral debate.


As for the I-129F petition, both parties have to be able to legally marry when the I-129F is filed.

The ONLY people who have gotten away with filing while still not "legally able to marry" are those who live in states where divorces have wait times AFTER the divorce has been finalized. Basically, they send the packet a month before the wait period is over, by the time USCIS gets to their packet they are marriable. These people get a copy of their divorce decree, so they are able to send it, just not able to marry for a period of time. Again, this wait time varies by state, some states only have a month, some none, some longer.

If the USC has not had their final divorce papers signed by the judge OR if the US has not even intitated divorce, then no, you can not start a K-1 petition. You HAVE to send a copy of the finalized divorce papers with the I-129F petition.

Edited October 10, 2016 by Ash.1101

[Jojo92122 1,924]

Both parties must be free to marry when the I-129f is filed. If one party is married, the I-129f will be denied.

[trudi 1,317]

I thought I read somewhere that someone said that you cannot state in the k1 visa packet that you are engaged if one of the other parties is still married. Is that correct?

You can't file for the K1 unless you are both free to marry at the time of application, if a divorce is still pending then you are not both free to marry and the petition will be denied.

[Harpa Timsah 13,258]

You can't file for the fiance visa if you are married to someone else.

[llaz 232]

Yes, yes, yes I know that. We are waiting until his divorce is final before sending the paperwork. I should have mentioned that before I posted, I apologize.

I guess to revise my question, my fiancee and I were engaged as of 11/17/2015... but his divorce is finalized 10/19/2016 (they've been separated 9 years, no one did the paperwork before and it takes 3 years to get a divorce in Chile), can we not say that we were engaged as of 11/17/2015 when sending the packet (after the divorce finalization date)?

Edited October 10, 2016 by llaz

[N-o-l-a 7,167]

Yes, yes, yes I know that. We are waiting until his divorce is final before sending the paperwork. I should have mentioned that before I posted, I apologize.

I guess to revise my question, my fiancee and I were engaged as of 11/17/2015... but his divorce is finalized 10/19/2016 (they've been separated 9 years, no one did the paperwork before and it takes 3 years to get a divorce in Chile), can we not say that we were engaged as of 11/17/2015 when sending the packet (after the divorce finalization date)?

It doesn't ask you anywhere in the application the date of your engagement, so this detail is not relevant.

[Ebunoluwa 6,136]

It will likely come up for the interview and I know that some CO's don't like getting engaged when the divorce is not finalized.

[Ash.1101 1,755]

It will likely come up for the interview and I know that some CO's don't like getting engaged when the divorce is not finalized.

Agree'd.

No where in the 129-F does it ask for your "engagement" date or anything like that, so if that's provided then you'll do it on your own accord.

CO's want marriage to be treated seriously, someone being engaged while still married shows they don't treat marriage very seriously. Even if he explains that he didn't get a divorce... just because no one did paperwork... it most likely will show that marriage is taken even LESS seriously because no one cared to even get a divorce.

I'd say, unless the CO asks, I wouldn't talk too much about the transition from first marriage to new fiance.

[Cathi 5,610]

I met my current husband and became engaged to him before my divorce was final with my ex husband. It came up at the interview(I was at the interview and by this time already married to my now husband)-the CO asked my new husband if he was aware of my circumstances, he answered honestly and said yes, and that was the end of it. The CO didn't make an issue of it and didn't ask any further questions. My husband's visa was approved without a hitch. My only answer to you is to be 100% honest in all of your answers. Period. If you try to hide the truth or lie about it, it will only cause further headaches.

[E&JJourney 2]

On my letter of how we meet I explaned that I was going through a Divorce and even though he ask me to marrie him we could not officially get engaged with a ring until the marriage was final. We decided it wouldn't be right.So no ring on finger.Not until divorce shows respect of the fact that I wasn't free to really do so. Then car accident broken hand a shoulder so still no ring on finger swolling. So if they ask when did we get engage he will repeat this to them

[Andrea&Henry 311]

I'm my husband's second wife. We got engaged little over 6 months after his divorced was finalized. He got married on 2004 and they decided to go separate ways on 2006. They remained married for 5 years although they weren't together and his ex wife was living with another man.

By the end of 2010, she decided to file for divorce and because they didn't have kids or properties in common, it was actually pretty quick (Like 3-4 weeks).

My husband's family knows my family for over 40 years so we've known each other since ever but I was living in my homecoutry and he was living here in the US. I was never interested in him until circumstances reunited us 17 years later. We started dating almost right away and he proposed 3 months later.

I was concern because we literally started dating 5 months AFTER his divorced was finalized and he proposed super quick. I didn't want the CO to think I was dating my husband was he was still a married man. Even if that was the case, they were already separated for 4 years.

I read many stories similar to mine where the k1 visa was denied because the CO thought couples were dating while one of them were still married. Thank God during my interview, his divorced wasn't even mentioned.

My advice would be: wait until the divorced is completely finalized (otherwise, you wont be able to file) and be honest. Of course, you don't have to disclose anything you haven't been ask, but if that's the case just being honest. This people can tell when you are lying to them so giving the wrong impression it wont be good for your case.

[Anitafeliz 1,133]

I was asked when we initiated the relationship and when we became engaged. So the question came up for me at the interview.

Also, who proposed marriage to whom. They also looked at the number of flights I took down. And where I stayed during these visits.

Make sure what ever you do is tell the truth they prefer an honest answer. For example I met my now husband when I was on a trip for my ex Fiancee interview. The relationship ended on this trip and I met my now husband. CO didn't ask about previous Fiancee but to clarify that was a terminated relationship.

I had filed my multiple waiver for k1 and it was approved pre consular interview.

Furthermore the CO congratulated me on my ability to move on....something some people have issue doing.

[Rc123rc 528]

Japan Consulate did give my fiancee a hard time about the engagement happening 7 days before my divorce was final. I was legally separated two years before and everything was tied up due to legal battles. Same thing happened at POE. My fiancee and I were talking to each other about 7 months before the divorce was final. We were approved but I think they were not happy about the event overlaps.

[Cathi 5,610]

I'm my husband's second wife. We got engaged little over 6 months after his divorced was finalized. He got married on 2004 and they decided to go separate ways on 2006. They remained married for 5 years although they weren't together and his ex wife was living with another man.

By the end of 2010, she decided to file for divorce and because they didn't have kids or properties in common, it was actually pretty quick (Like 3-4 weeks).

My husband's family knows my family for over 40 years so we've known each other since ever but I was living in my homecoutry and he was living here in the US. I was never interested in him until circumstances reunited us 17 years later. We started dating almost right away and he proposed 3 months later.

I was concern because we literally started dating 5 months AFTER his divorced was finalized and he proposed super quick. I didn't want the CO to think I was dating my husband was he was still a married man. Even if that was the case, they were already separated for 4 years.

I read many stories similar to mine where the k1 visa was denied because the CO thought couples were dating while one of them were still married. Thank God during my interview, his divorced wasn't even mentioned.

My advice would be: wait until the divorced is completely finalized (otherwise, you wont be able to file) and be honest. Of course, you don't have to disclose anything you haven't been ask, but if that's the case just being honest. This people can tell when you are lying to them so giving the wrong impression it wont be good for your case.

Can you please show me the links to people who were denied because they were dating while one of them was in the process of divorce? I have never seen it once in my 4 years on this site. I am not sure what your own story has to do with the OP's question. The OP wanted to hear from people who started dating before a divorce was final, not 5 months after.