without divorce in hand...

[salma09 0]

helo everybody

one friend needs help pls, they are processing k1 but the problem is that her fiance is already married, he did not get his divorce yet because his ex left him once she came to US and everything is in the hand of the lawyer, he could not find his ex to divorce her, now he wants to marry a moroccan girl and using k1 , i don t know if they are going to check about him and find out that he is married....what will happend for k1 ...thanks

[snowfrostedlashes 0]

Your friend cannot apply for a K1 visa while still married to someone else. If previously married the paperwork specifically requires that the final divorce decree is included at the time of filing - and even if this was sent later because it was accidentally not included it would have to be dated BEFORE the date of applying for K1.

Simply, the K1 will be rejected as the appliant is not free to marry.

[Sal and Jay 2]

The K1 visa requires that both parties are free to marry and therefore as they are not free to marry the K1 is not an option.

[salma09 0]

Ok thanks a lot ...

[Jasman0717 9]

Read the guide here on VJ. Each must be legally able to marry. The person can divorce without serving the respondant. Suggest that they see an attorney.

[salma09 0]

ok thank you can you give me a link ........

[*JG* 2]

We need to put up some sort of general warning............Isn't is kind of common sense that you can't do anything with a new fiance/wife until you are actually free to marry?

[BlakeandOlha 0]

We need to put up some sort of general warning............Isn't is kind of common sense that you can't do anything with a new fiance/wife until you are actually free to marry?

One would think, however, I've seen this question pop up enough to suggest this sense isn't that common

[mox 298]

I think it's common sense that you can't *marry* until the divorce is final, but I can see why it would escape someone's mind that they wouldn't be allowed to *file* before their divorce is final. In my mind it's a stupid requirement anyway. I agree that you should be legally able to marry at the time the visa is issued, but for some people to have to wait until a marriage is finalized just so they can wait 6 more months for USCIS to open their envelope is nonsense.

[truffles 2]

I actually think it is common sense and absolutely correct for the divorce to be definate before applying - without that requirement is could become messy if people then change there minds about divorcing the first spouse whilst having a fiance(e) in tow....absolutely necessary ( saves a lot of potential mess. aggravation and legal wrangling)

[mox 298]

I actually think it is common sense and absolutely correct for the divorce to be definate before applying - without that requirement is could become messy if people then change there minds about divorcing the first spouse whilst having a fiance(e) in tow....absolutely necessary ( saves a lot of potential mess. aggravation and legal wrangling)

There's no mess at all. You are already required to have divorce certificates at the consulate. No divorce certificate, no visa. Very unmessy.

[truffles 2]

it seems that isnt the case in this particular persons situation....they do not appear to have the divorce certificates - if i read your statement you are saying you should be able to file before your divorce is finalised?

"but for some people to have to wait until a marriage is finalized just so they can wait 6 more months for USCIS to open their envelope is nonsense."

So in the circumstances you describe you would not have the divorce certificates in hand to submit with the petition? My understanding of a K1 Visa is you must submit the divorce certs right at the filing stage.

[mox 298]

it seems that isnt the case in this particular persons situation....they do not appear to have the divorce certificates -

You are correct. I'm not addressing their problem at this point, just sympathizing with their plight. As the rules exist currently this couple must wait until the divorce is finalized and decree is in hand.

if i read your statement you are saying you should be able to file before your divorce is finalised?

"but for some people to have to wait until a marriage is finalized just so they can wait 6 more months for USCIS to open their envelope is nonsense."

So in the circumstances you describe you would not have the divorce certificates in hand to submit with the petition? My understanding of a K1 Visa is you must submit the divorce certs right at the filing stage.

You are correct, to file an I-129F, copies of divorce decrees must be provided if one or both have been married before.

What I'm saying is that if mox ruled the world, I would not require evidence of eligibility to marry in the initial filing. It's required at the consulate anyway, so it's not a big deal. If you wanted to ward off some of the really clueless people, then maybe require an affidavit that states "At the time of the consulate interview both parties will be legally eligible to marry and be able to produce such evidence" or something similar.

[truffles 2]

You dont think it would create even more frustration and delay for both USCIS and the petioner/beneficiary ?...more paperwork in pending trays waiting for the legal cogs to turn and provide divorce decrees ...possible waste of resources if the frustration and waiting becomes too much for either party and they abandon the relationship?

Re appointing interviews because the expected document isnt available. It would create unrealistic expectations in peoples minds -

I hear what your saying - and i sympathise i too had to wait and get appropriate documents before proceeding, but i do feel this is the best way - there is no danger of putting the cart before the horse.

[mox 298]

You dont think it would create even more frustration and delay for both USCIS and the petioner/beneficiary ?...more paperwork in pending trays waiting for the legal cogs to turn and provide divorce decrees ...

I don't see how it would cause delay for USCIS. USCIS only handles the approval of the petition. After that it's handed over to the consulate.

Would it cause extra work or delay for the consulate? No. The consulate already requires these documents. If you show up to the interview without the documents you don't get your visa. You've already paid for the interview so you're not wasting anyone's time or resources but your own.

possible waste of resources if the frustration and waiting becomes too much for either party and they abandon the relationship?

This happens all the time anyway even when the couple have all the paperwork in order.

Re appointing interviews because the expected document isnt available. It would create unrealistic expectations in peoples minds -

Appointments are routinely re-scheduled. If you show up, don't have the documents, and need to re-schedule, you pay another fee. The fee covers the cost of the resources needed to conduct an interview and issue a visa, so again there is no waste. Perhaps on the time/money of the couple, but then I can't really feel sorry for someone who has to pay for a second interview because they either weren't prepared or weren't properly divorced.

I hear what your saying - and i sympathise i too had to wait and get appropriate documents before proceeding, but i do feel this is the best way - there is no danger of putting the cart before the horse.

It's moot anyway. The system is what it is. I would change it if I could, but I can't. But I like to opine about it anyway.

Edited February 7, 2008 by mox