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Julietpoupart

Not divorced in USA with fiancé visa just filed

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I filed for my fiancé to come to us on k1 visa I recently found out I was still married after 20 years I am now getting this resolved. My application started December 28th for k1 fiancé visa I contacted immigration they told me I need to wait to see if application is denied or they ask for records of divorce. Has anyone had experience with what might happen I do have appointment with immigration just to ask. Do you think as long as I get the divorce paper before the three to 5 months processing time this will be ok or will I have to start over 

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Part of the actual I-129F application you just did required there to be a divorce decree sent to them if you had EVER been married.

Your options for this part are:

Never been married - Send nothing because there's nothing to send
Married (NOT divorced) - Do not send the application because you are not legal and able to marry
Divorced (NOT currently married) - Send ALL divorce decree's for ANY prior marriages with the I-129F package


If they do a background check, which they should, they'll most likely see you in the system as being married (you found out somehow, so they can too) in which they can just deny the I-129F then and there.
 


*More detailed timeline in profile!*
 
Relationship:     Friends since 2010, Together since 2013

 K-1:   2015 Done in 208 days - 212g for Second Cosponsor    

Spoiler

04/27/15- NOA1 Recieved                                                    
06/02/15 - NOA2 Recieved
09/22/15 - Interview       (221g for more documents (a SECOND cosponsor), see profile for more details!)                                            
11/09/15 -  ISSUED!!                                                              
11/10/15 - Passport received                                                
02/20/16 - Wedding!              

                                         
 AOS:   2016 Done in 77 days - No RFE, No Interview                                                                    

Spoiler

04/08/16 - I-485, I-765, I-131 AOS Application recieved by USCIS
04/12/16 - 3 NOA1's received in mail
05/14/16 - Biometrics for AOS and EAD
06/27/16 - I-485 Case to changed to "New Card being produced"  (Day 77)
06/27/16 - I-485 Case changed to Approved! (Day 77)
06/30/16 - I-485 Case changed to "My Card has been mailed to me!"
07/05/16 - Green Card received in mail! 

 


ROC:   2018 - 2019 Done in 326 days - No RFE, No Interview

Spoiler

 

05/09/18 - Mailed out ROC to CSC

05/10/18 - CSC Signed and received ROC package
06/07/28 - NOA1 

06/11/18 - Check cashed

06/15/18 - NOA received in the mail
08/27/18 - 18 month extension received (Courtesy Copy)

09/18/18 - Request for official 18 month extension
10/22/18 - Official 18 month extension received 

02/27/19 - Biometrics waived 

04/29/19 - New card being produced!
05/09/19 - USPS delivered green card! In hand now!

 

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I sent paperwork in. This was a marriage that took place 20 years ago in Las Vegas I never thought it was legal because the man I married was married. I didn't know I needed to contact the court because both marriages were in the same county. I have found out that we are married and I have contacted a lawyer they are deciding if they should do annulment or divorce I never lived with the man or seen him in all 20 years. The paperwork has already been sent I have spoke with immigration they told me I had to wait that I can't stop the paperwork for the fiancé visa I wanted to see if anyone had a similar case. Immigration told me that it will be denied or I will be asked to provide the proper paperwork and explain they don't know until I'm contacted but my question was if anyone had this experience because immigration told me it could go either way 

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