Kamz

Oh my goodness! I was about to make almost the exact same post! My fiance first asked his ex-wife (or, well, current wife I guess! ) for a divorce 3 years ago!!! He signed all the papers and left them with the lawyer and moved to London. He talked to her on the phone after he moved to London and asked her if she had signed the papers, she said yes. *Insert mean word about her here!*

Only last September did we find out that she did not in fact ever sign the papers and actually told the lawyer that they had changed their minds...and since they had the same lawyer, the lawyer believed her! All this time he is still in London! So, after a 2 month process to make his father his power of attorney (a rather difficult task when you are in seperate countries apparently), his father signed the divorce decree in his name last November. However, in Brazil, after the signing of the papers there is a 12 month wait period to get the final divorce decree!!! 12 months!!!

I mean I understand why USCIS requires the final decree, really I do. However, I could provide them in a second an offical letter explaining that the divorce will be finallized by November 15th. And you know even if I filed today, his interview would not be before November 15th. It seems like they could say he was approved pending documentation of a final divorce decree...but I suppose that would be too good to be true.

Oh well....Counting down the days til November 15th I guess.

Marina-Del,

Keep your fingers crossed. My finace's "now" ex-wife did the same thing. She made him think that she has signed the papers but then when he called the courthouse to make sure, they told him they haven't received anything... Nice huh? Can you say: Liar liar, pants on fire! hahahaha!!!

But she really doesn't have a choice if he wants to get out of it.

Waiting is an ultimate pain... I know how you feel... Keep the faith! You'll get there!!!

Peace out!

Thank you SO much for your replies ... you have both set my mind at rest.

WE ARE BOTH FREE TO MARRY ... OMG - how GOOD does that sound????

Have a peaceful week ... I am counting the days until the 21st as my Steve is coming to visit me for a week and I'm going back to Iowa with him for another month - please pray that I get an Immigration officer that is having a GOOD day!!

mrs sdp,

Wish you all the love and luck in the world! Godspeed!!! My boyfriend has just recently received his decree of disollution of marriage last week... Can you say: Happy dance time!!! ?

The fact alone that you are free to love someone who is unattached especially legally feels like all the weight in the world has been lifted off your shoulders! Good luck to you! You can wing it!

I know what you mean. It is indeed very frustrating to have to go through all the pain and hassle of applying for K1 visa when everyone else is having it much easier via the B2. I have a B2 myself and I am very much afraid of risking it. I guess it really depends if one is willing to take the risk. For me, the bottom line is I want to be able to enter the US legally and be able to sleep soundly at night. It takes a lot of patience and I just am not willing to risk not being able to enter the US again ever and being with the man I love. If one thing is meant for you, Fate will find a way to give it to you... Keep the faith everyone!!!

Can I apply K-1 visa while waiting my Dissolution of Marriage (divorce) final or which way is best? My case is pending now. I am new here. Thank you so much.

Both you and your fiance must be free and single to marry at the time the petition is filed and you must provide a copy of your divorce certificate with the I-129F petition.

Best of luck!

I wonder if it would cause some complications if the K1 petitioner had just very recently gotten through a dissolution of marriage? My bf's divorce is still in process and I am just worried that it might be a problem. Any advise? Thanks!

Good advice. I like how the doctor highlights that a lot of the problem is the man's attitude, not the wife.

The advise is absolutely valid. There is a fine line between criticism and whining... the husband seems to be whining...

Hi everyone,

Now this thread has got me curious. I currently have a b1/b2 visa. My questions is if we go the k3 route, will my b2 visa be revoked? I would surely still want to visit the US even while my K3 is in process... What are your thoughts???

Thanks!

The funny thing now are the papers that are needed. Oh so this means I can't go home based on the original schedule of my itinerary?

You can leave anytime... the problem will be potentially under what pretense will you have when coming back...

Oh now that makes me even more confused! LOL! I don't know what to do anymore!!!

Hey guys, I was curious about the chance of getting married in the US and filing for an adjustment of status. If I do go there on a tourist (B2) visa and get married, do I have the option to go ahead and just file for the adjustment to permanent resident? Feedback would be greatly appreciated. Thank you!

Technically, if that is your intent going in, then you should be denied the ability to adjust status because you used a non-immigrant visa to immigrate.

The devil is in the details of the circumstances.

1. I'm out of the US at the moment. Is it ok if I enter on the VWP or visitor visa, then just marry my fiance and adjust status? Answer: No, that's visa fraud.

2. I'm a student or other visa holder or in the USA now on the VWP on vacation. I've met a wonderful companion and we want to get married. Can I stay, get married and adjust status? Answer: Sure, but "stay", don't leave and come back to do it because then answer 1. above will apply.

Hello again! Sorry for the confusion.

Oh ok, then my question was incorrect. I am in the US on B1/B2, and I have about 3 months before my return to my country. My fiance has proposed to me and we want to know if we have that option to go ahead and get married since I still have several months in here.

Thanks!

Very different set of facts and circumstances... Sounds more like #2 above now.....

Exactly.

The funny thing now are the papers that are needed. Oh so this means I can't go home based on the original schedule of my itinerary?

Hey guys, I was curious about the chance of getting married in the US and filing for an adjustment of status. If I do go there on a tourist (B2) visa and get married, do I have the option to go ahead and just file for the adjustment to permanent resident? Feedback would be greatly appreciated. Thank you!

Technically, if that is your intent going in, then you should be denied the ability to adjust status because you used a non-immigrant visa to immigrate.

The devil is in the details of the circumstances.

1. I'm out of the US at the moment. Is it ok if I enter on the VWP or visitor visa, then just marry my fiance and adjust status? Answer: No, that's visa fraud.

2. I'm a student or other visa holder or in the USA now on the VWP on vacation. I've met a wonderful companion and we want to get married. Can I stay, get married and adjust status? Answer: Sure, but "stay", don't leave and come back to do it because then answer 1. above will apply.

Hello again! Sorry for the confusion.

Oh ok, then my question was incorrect. I am in the US on B1/B2, and I have about 3 months before my return to my country. My fiance has proposed to me and we want to know if we have that option to go ahead and get married since I still have several months in here.

Thanks!

Specifically you must have had no intention of immigrating at the time of the most recent entry. For instance, if you accepted a proposal in March, then left and came back, then you already intended to get married and it would be difficult to convince anybody you didn't also have immigrant intent.

The key questions are.

What is the date of your last entry to the US?

What is the date you decided to get married?

Which came first, the decision to marry, or the entry to the US?

Right - that's why the thought of a K-3 hadn't even entered my head. USCIS has me well trained apparently

I've become the resident immigration expert in my circle of friends, so I end up fielding a lot of question from friends of friends of friends. This was one of them.

Hey guys, I was curious about the chance of getting married in the US and filing for an adjustment of status. If I do go there on a tourist (B2) visa and get married, do I have the option to go ahead and just file for the adjustment to permanent resident? Feedback would be greatly appreciated. Thank you!

So here's a follow up on the very first topic that I posted. I am checking my options. What if we apply for K3 Visa and I have B1/B2 in place. Will my existing B1/B2 Visa be revoked if the K3 application is in process? I would really want to see my partner every so often until the petition gets approved. Need your help! Thanks everyone!!!

Hi everyone! I am new to VJ and I was wondering if you would know where I can actually find information or advise. I have an existing B1/B2 Visa. If my fiance files for a K1 for me, will my B1/B2 Visa get revoked while the K1 is under process? I don't care if they cancel it after my K1 is approved. I guess my concern is, I would like to keep seeing my Fiance before we eventually get married after the K1 is approved. I tried calling the National Visa Center but it's all a series of recorded messages. Any suggestions?

Thanks!

Ur B1/B2 visa won't be revoked while K1 is pending, u can still visit ur fiance if u want. I have a pending K1 and a valid B1/B2 visas and i just went to see my fiance recently. The border protection officers just pay particular attention to u when u fly there

OH WOW!!! This is fabulous!!! I can't wait to tell him about this! This is wonderful news! Thanks!

Hi everyone! I am new to VJ and I was wondering if you would know where I can actually find information or advise. I have an existing B1/B2 Visa. If my fiance files for a K1 for me, will my B1/B2 Visa get revoked while the K1 is under process? I don't care if they cancel it after my K1 is approved. I guess my concern is, I would like to keep seeing my Fiance before we eventually get married after the K1 is approved. I tried calling the National Visa Center but it's all a series of recorded messages. Any suggestions?

Thanks!