KI and Divorce

[RASTABABY 0]

Here is a rundown of the situation my friend is in. Her fiancee is married. He has been separated from his wife for over 13 years and never got a divorce. Anyway after meeting my friend and developing a relationship he decided to file for divorce which they are waiting to become final. I am wondering how long after obtaining the final decree should they wait before filing the I129F. He would be the beneficiary so there is no finalization period in his country. My frieend does not want her petition to get denied due to bonafied relationship or fraud. Mostly we are concerned with the time overlap of her relationship and his divorce. Should she include notorized statements from people stating that he and his wife have not lived in the same house for 13 years and that the wife soon to be ex wife has a baby and live in boyfriend? Really need some advice on how to proceed given present circumstances.

[Bobby+Umit 161]

USCIS is only concerned that they are free to marry when they send in the petition and that you met within the previous 2 years of the petition.

(How you get there is of no matter)

[baron555 934]

I am wondering how long after obtaining the final decree should they wait before filing the I129F.

Same day is OK.

Should she include notorized statements from people stating that he and his wife have not lived in the same house for 13 years

That wouldn't hurt but is not really needed. The "issue" might be raised during the interview though.

and that the wife soon to be ex wife has a baby and live in boyfriend?

This is not related to their relationship.

[Arabella 4]

I met my fiance while I was going through a divorce. We met in February of 2007, and I was divorced in November of 2007. It never came up as an issue when I went for my interview. I filed my K1 Visa application in March of 2009.

I have heard from others that you can file as soon as the judge signs the divorce papers.

Edited January 19, 2010 by Arabella

[sus 70]

You posed the same question on Sunday and got answers - But it was you, now it's your friend?

http://www.visajourney.com/forums/index.php?showtopic=237463

[LIFE'SJOURNEY 970]

I wondered if anyone else noticed this.........

She is going to be in a pickle, becuase he has not yet obtained his divorce. If she/he is waiting for the courts in Jamaica, he/SO could be waiting as long as 2 years to get his divorce decree.

You moved just a little to fast with this one. You should stop the process and wait until your SO has his DD in hand.

Edited January 19, 2010 by RoxcieJoe

[Darnell 8,478]

You posed the same question on Sunday and got answers - But it was you, now it's your friend?

http://www.visajourney.com/forums/index.php?showtopic=237463

Wow. SuperWow.

[TRELAWNY PARISH 10]

You posed the same question on Sunday and got answers - But it was you, now it's your friend?

http://www.visajourney.com/forums/index.php?showtopic=237463

WTH!

[Bobby+Umit 161]

You posed the same question on Sunday and got answers - But it was you, now it's your friend?

http://www.visajourney.com/forums/index.php?showtopic=237463

Now - now...

Some people post like that because they are embarrassed/shy/apprehensive/wants to hide who they are when they are asking "touchy" areas...

Nothing wrong with that.

[sus 70]

Now - now...

Some people post like that because they are embarrassed/shy/apprehensive/wants to hide who they are when they are asking "touchy" areas...

Nothing wrong with that.

Ummmmmmm.................... the first question posted was open about it being her situation - instead of going back and reading the replies and moving forward - same topic but a friend?

[sus 70]

Good information Roxcie - I would add that the time it takes can be substantially longer now - there was the big investigation into the court a few months back with issues of forged decrees - they have changed the procedures and divorces are taking much longer.

[TRELAWNY PARISH 10]

Good information Roxcie - I would add that the time it takes can be substantially longer now - there was the big investigation into the court a few months back with issues of forged decrees - they have changed the procedures and divorces are taking much longer.

VERY true...I know a few people who got caught up in that and still waiting a year or more.

[sus 70]

VERY true...I know a few people who got caught up in that and still waiting a year or more.

Raises hand

[VanessaTony 3,567]

Here is a rundown of the situation my friend is in. Her fiancee is married. He has been separated from his wife for over 13 years and never got a divorce. Anyway after meeting my friend and developing a relationship he decided to file for divorce which they are waiting to become final. I am wondering how long after obtaining the final decree should they wait before filing the I129F. He would be the beneficiary so there is no finalization period in his country. My frieend does not want her petition to get denied due to bonafied relationship or fraud. Mostly we are concerned with the time overlap of her relationship and his divorce. Should she include notorized statements from people stating that he and his wife have not lived in the same house for 13 years and that the wife soon to be ex wife has a baby and live in boyfriend? Really need some advice on how to proceed given present circumstances.

As we now know this is YOU, YOU should not have filed your K1. It will be DENIED because at the time of filing your fiance was not "free to marry". You must wait until AFTER the divorce to apply. When you sent the petition you agreed that you were "free to marry" so this is a type of fraud. I would look at cancelling the petition. I don't know how that will affect you, but a simple "we didn't know the divorce had to be final" when you next apply would be okay I would think.

I know some high fraud countries look down on being married again so soon after divorce so to be safe I would obtain documents stating how long they've been separated for. It's likely a lot of this information will be used for the divorce. Documents to show this would be items such as tax returns filed separately going back that far. This will most likely needed for the interview stage. He will also most likely be asked why he waited so long to file for divorce as well.

Good luck. You might be in for a long wait.

[JaHoney 3]

Okay, I am confused. Had to follow the convo to see what the confusion was. It does not say that she filed for the k1 visa, it says she wants to know if she could potentially be denied a visa, because of the overlap of her fiancee getting the divorce decree and the amount of time from time he obtains it till she files for visa.

Even if she is asking for info for herself or someone else, what is the harm in that, people do it all the time.