Does meeting someone before divorce is final cause difficulties for K-1?

[supranatural 1]

I have a question that was brought up recently due to my pending divorce (it should be final this month). My divorce has been in the works since February. Since then I've met someone else that I will need a K-1 visa for. I was told that if it shows that I met this person before my divorce was final that it will either raise red flags for a K-1 application or cause the application to be denied. Can anyone shed some light as to whether this is correct or not?

[*Maureen* 0]

Well, i thought as long as when you submit the K1 that you are "free to marry". The divorce would have to be final when submitting the petition.

[*JG* 2]

Yep. You have to be free to marry so the divorce has to be final before you can file K-1.

My divorce was long and drawn out. I met Andre before it was finalized. I actually filed the K-1 just two months after my divorce was final. No issues.

[Jasman0717 8]

It didn't for us and I mailed Claudeth's petition the day after my divorce was final.

[Skeeter211 2]

I believe the question was whether your divorce had to be final before MEETING someone new, which is different than actually being divorced before filing the K-1 petition. Yes, you must have a final divorce decree before you can file the K-1 petition, but the USCIS won't deny a petition based on the date you started your new relationship. I was separated from my ex for almost 3 years while we went through the divorce court proceedings and I was also with my current wife, formerly a K-1 applicant, for 2 of those 3 years. Never was even brought up at any time during the K-1 process that I was still technically married at the time I met my current wife.

Scott

[sweet_peach 0]

I have a question that was brought up recently due to my pending divorce (it should be final this month). My divorce has been in the works since February. Since then I've met someone else that I will need a K-1 visa for. I was told that if it shows that I met this person before my divorce was final that it will either raise red flags for a K-1 application or cause the application to be denied. Can anyone shed some light as to whether this is correct or not?

I will be going through the same thing as you. My divorce will be final this month and i met my now fiance over a year ago. Me and my husband have been seperated for years, but just never got around to a divorce. Now this may throw up a red flag but my K1 wont be filed until im "free to marry" and if anything is said about me meeting someone while being married there is a part on the divorce papers which ask when you seperated, so they can look back at that and see he and i were seperated before i met someone new.

i hope this helps

good luck

[pushbrk 12,295]

I have a question that was brought up recently due to my pending divorce (it should be final this month). My divorce has been in the works since February. Since then I've met someone else that I will need a K-1 visa for. I was told that if it shows that I met this person before my divorce was final that it will either raise red flags for a K-1 application or cause the application to be denied. Can anyone shed some light as to whether this is correct or not?

You must be free to marry when you file the petition. There are no rules against meeting your next spouse while still married.

However, depending on other circumstances, some finace(e)s of people who file soon after a divorce is final, are put through more scrutiny at interview. This happens more at high fraud posts.

[supranatural 1]

Thanks all for the replies. The specific question was whether or not there is a rule to meeting my fiancee while still married (although separated and in process of divorce) and it was answered to my satisfaction.

[ThaiStyleUSA 1]

If you are legally separated, you are free to shop around. I filed for my divorce since July 2001. I had met Aoy in 2005. My divorce was finalized in April of this year and I submitted my K-1 package three week after. You must submit a copy of the divorce decree with the package. Also, in some states there is a required waiting period normally six months after the date the person had been served not the date you had received the divorce decree.

[pushbrk 12,295]

If you are legally separated, you are free to shop around. I filed for my divorce since July 2001. I had met Aoy in 2005. My divorce was finalized in April of this year and I submitted my K-1 package three week after. You must submit a copy of the divorce decree with the package. Also, in some states there is a required waiting period normally six months after the date the person had been served not the date you had received the divorce decree.

While technically true, one need not be "legally separated" to shop around. There is actually no place on any form to mention separation or separation date from a former spouse. Consular officers might ask about such things to assist in their decision making but legal separation isn't are requirement.

[Kazan' Tiger 1]

Completely insignificant. You must be completely free to marry at the time of filing your K-1. Your situation now is immaterial.

[almaty 19]

disagree..it depends on the consul...and the CO..it is a red flag for some COs