K-1 after a divorce

[Amanda-Lise 0]

My fiance and I have been together for a year and a half now. However, the biggest thorn in our side has been the fact that I've had a long unfortunate drawn out divorce proceeding (talking years here) that will finally be over and done with by August. While I do want to be able to be with my fiance ASAP, I'm wondering if there are any huge pitfalls to filing the I-129F within a month or so once my proceedings become final. I also have 2 children, will that complicate matters or extend the timeline? (im the foreign fiancee, he's the USC)

Thanks to anyone who might have some insight on our situation

[Ladylethal 12]

If you've been separated a while before you can explain that at the interview and it should be fine.

[eclowjpd 0]

Read the PM that I sent you.

[Itsmeitsmeitsree! 0]

We sent our 129F in about a month after my fiance's (then) divorce was finally over. (years also) We had no trouble because of this.

[Danette 0]

Hello,

I was in a similar situation and we filed as soon as my divorce became final with no question or problem. So to answer your question, as long as the divorce is final, there will be no problem. All the USCIS requires is to prove you are able to be married. BUT....as far as the fact you have children....you may need to sort the custody issue before they can legally come to the US. You will either need permission from your ex or a court order in order for them to immigrate with you. If they do not intend to immigrate with you, then the divorce document is all you need.

Hope this answers your concerns.

[Amanda-Lise 0]

I have written and notorized permission for the girls to go with me, and when its time I'll have a Letter of Consent from him. hopefully that will be enough.

Hello,

I was in a similar situation and we filed as soon as my divorce became final with no question or problem. So to answer your question, as long as the divorce is final, there will be no problem. All the USCIS requires is to prove you are able to be married. BUT....as far as the fact you have children....you may need to sort the custody issue before they can legally come to the US. You will either need permission from your ex or a court order in order for them to immigrate with you. If they do not intend to immigrate with you, then the divorce document is all you need.

Hope this answers your concerns.

[dmartmar 1]

My fiance and I have been together for a year and a half now. However, the biggest thorn in our side has been the fact that I've had a long unfortunate drawn out divorce proceeding (talking years here) that will finally be over and done with by August. While I do want to be able to be with my fiance ASAP, I'm wondering if there are any huge pitfalls to filing the I-129F within a month or so once my proceedings become final. I also have 2 children, will that complicate matters or extend the timeline? (im the foreign fiancee, he's the USC)

Thanks to anyone who might have some insight on our situation.

Yeah. My insight on your situation smells fishy.

[Amanda-Lise 0]

Thank you for that. Perfect example of what I expected to hear. My friends and family are all here. The US offers me only a step down job wise, not a step up due to my training, and I will require complete retraining if I wish to remain in my field. Not to mention my children are settled, and it pains me to yet again uproot them after too many years of being relocated with the CAF. So very frankly, its not the country I want in the least. The only thing the US has to offer me is being with the man that I love.

Yeah. My insight on your situation smells fishy.

[Meliss 0]

I did the same, applied 1 month after final divorce papers in hand, no worries, not a problem. Just remeber they want a copy of the divorce decree. ( it actually takes almost 30 days after the final divorce happens to get in hand.) Good luck!

[Girona40 0]

My fiance and I have been together for a year and a half now. However, the biggest thorn in our side has been the fact that I've had a long unfortunate drawn out divorce proceeding (talking years here) that will finally be over and done with by August. While I do want to be able to be with my fiance ASAP, I'm wondering if there are any huge pitfalls to filing the I-129F within a month or so once my proceedings become final. I also have 2 children, will that complicate matters or extend the timeline? (im the foreign fiancee, he's the USC)

Thanks to anyone who might have some insight on our situation.

Yeah. My insight on your situation smells fishy.

Comments like this are really helpful...............not!

I can't see that the time you have between your divorce and your filing of the I-129F would have any bearing on how they adjudicate your case. So long as you can prove that you have met in person, that you are both free to marry etc. there should be no problem.

There are several people on these boards that are awaiting divorces before they can proceed - you are not alone in that situation.

Good luck with everything!

G.

[Fetaria 0]

Coming from Canada as well, my divorce took a long while to be finalized. They don't seem to do the drive through weekend divorces there. We had been separated though, so while my husband (fiance at the time) and I waited on the divorce to be final we organised the paper work for the visa. We were ready to submit the moment the divorce decree came through so we sent it all in within days after. As long as you have proof that the father of your children consents to you taking them out of country you should be fine. No questions came up for us about the appearance of a quick turn around in marriage until the AOS interview. She caught the dates and asked how long we knew each other before we divorced from our first marriages. We answered honestly and she was fine with that. The main thing at this point is to show you are both legal to wed and your intention is to do so. Good luck to you.

[motu 6]

I know of one case where someone filed the petition one day after the divorce was finalized and it didn't cause a problem (they did ask the fiancee if she knew he had been divorced just one day earlier and she explained the dealy in finalization of the divorce.) And don't worry about the nasty comment - he has a bad habit and most of us just ignore him and his comments. Good Luck