File before divorce finalize?

[awu25 0]

My lawyer says I can start sending out my petition while she finalize her divorce. She just needs to be divorced before interview. Is that true?

[MR2nice 0]

My lawyer says I can start sending out my petition while she finalize her divorce. She just needs to be divorced before interview. Is that true?

You need to hire a new laywer because he/she doesn't know what's involved in the process. It is NOT true. You will need to submit a final Divorce Decree along with your petition.

Edited December 15, 2007 by MR2nice

[dwiz123 0]

My lawyer says I can start sending out my petition while she finalize her divorce. She just needs to be divorced before interview. Is that true?

Nope! She must be divorced before you file the petition. The instructions asks for divorce document. You both must be free to marry at the time you file the petition.

[its me dave 0]

My lawyer says I can start sending out my petition while she finalize her divorce. She just needs to be divorced before interview. Is that true?

I think that is erroneous information your attorney has given you .

See the I-129F instructions. http://www.uscis.gov/files/form/I-129Finstr.pdf

To file, you must be (legally) "free to marry" . "If either you or your Fiance were married before, give copies of documents showing each prior marriage was legally terminated".

When you are free to marry would be determined by the state in wich you live in. Some states have a waiting period before you can marry again after divorce.

Edited December 15, 2007 by its me dave

[awu25 0]

Stupid lawyers. It wasn't really the lawyer that is handling my case now but someone else whom I spoke to to answer any questions I had before hiring them.

I am going to ask for my money back. I have enough to make a case right? I believe they tricked me into hiring them.

How long will it take to get her divorce paper in Kiev? She had her ex has been separated for a long time and the last she heard he had filed for divorce without telling her and had even gotten married to someone else in Russia.

[Alt name 1]

Filing a K1 isnt too complicated, and i've read about a lot of peeps on here that have been delayed etc because of lawyer mistakes. Its good to be familiar with the guidelines yourself.

We did ok with no lawyer at all. Just a thought for you.

[MG1962 0]

Yeah we got some bad legal advice as well - set us back three months - But paperwork is in - our Lawyer even seems to have worked through Thanksgiving to speed things up.

[dwiz123 0]

To awu25:

It's a good thing that you didn't send out your petition yet. (I assuming you didn't)

[awu25 0]

To awu25:

It's a good thing that you didn't send out your petition yet. (I assuming you didn't)

No we haven't sent in our petition yet. As a matter of fact we haven't sent it to our lawyer yet. They haven't really done anything except giving us forms to fill so I am hoping I will get my money back Monday.

[~Laura and Nick~ 5]

To awu25:

It's a good thing that you didn't send out your petition yet. (I assuming you didn't)

No we haven't sent in our petition yet. As a matter of fact we haven't sent it to our lawyer yet. They haven't really done anything except giving us forms to fill so I am hoping I will get my money back Monday.

I hope you do as well!

VJ is a huge source of information, all the information you need to file together on your own. Save yourself the money.

I was married as well, I waited for my divorce to be finalized, got the divorce certificate, copied it and put it in our petition and mailed it off.

If you have a straight forward case, you guys can totally do it on your own.

Check out the Guides. They can help you a lot.

Best of luck to you!!!

~L

[sj5 4]

My lawyer says I can start sending out my petition while she finalize her divorce. She just needs to be divorced before interview. Is that true?

Is not true

[mox 298]

As others have said, you received bad advice from your lawyer. And I also agree (strongly) that you don't need a lawyer for this process unless you have very specialized circumstances. But having said that, it's not likely that your lawyer "lied" to you, and I wouldn't approach getting my refund back that way. Just tell them that you've decided to go a "different direction" with your case filing, and that you won't be needing their services. Keep in mind that they might keep a small portion of your fee, depending on how much actual work they've put into your case already. Don't sweat the nickel and dimes. Hang around here, read the guides, and put your own packet together. You'll be fine.

Good luck!

[Craneman 2]

Sounds like you are being tricked on both fronts?

Stupid lawyers. It wasn't really the lawyer that is handling my case now but someone else whom I spoke to to answer any questions I had before hiring them.

I am going to ask for my money back. I have enough to make a case right? I believe they tricked me into hiring them.

How long will it take to get her divorce paper in Kiev? She had her ex has been separated for a long time and the last she heard he had filed for divorce without telling her and had even gotten married to someone else in Russia.

[Seattle2Cebu 0]

THE DIVORCE MUST BE FINALIZED BEFORE YOU APPLY, IF YOU TRY TO GET AROUND THIS

YOU WILL CAUSE YOURSELF A LOT OF HEADACHES AND DELAYS

My lawyer says I can start sending out my petition while she finalize her divorce. She just needs to be divorced before interview. Is that true?

[Bassi and Zainab 1]

No! Wow, I can't believe your lawyer told you that. That's not true. you have to be legally able to be married before filing the petition. You should get a new lawyer.