question about which way to file

[googled 13]

Another reminder:

You cannot FILE the K-1 "early" if you are NOT divorced. One of the first questions is "Are you legally free to marry?". If you are NOT completely 100% divorced, then you are not "free" to marry and should NOT lie on your application. You have to provide proof you are free to marry as well, so mind your p's & q's on this.

I was about to say the same thing. On the day you file that paperwork with the USCIS, you have to be legally free to marry. So look at what your divorce papers say. If you live in a state that has a "fini" or cooling off period after a divorce then you cannot do anything until that cooling off period is over.

[iampatricias 17]

^ that is so true - if your official divorce date comes after filing your I129f, or if you go the I130 route, the whole thing will be denied, fee lost, have to start from scratch.

[Derek & Rita 6]

Unless you only have a wedding ceremony in Russia, without doing the "legal" part.

That's what I did. I wanted to get married in Germany but I didn't want to be married and then wait for months for the visa. So we filed for the K-1, had a very nice wedding ceremony (with vows and everything, only did we not get announced as husband and wife), then I entered the US and we had a nice little legal wedding with the JOP!

Yes, that would be a quicker way, as long as it satisfies her need to be married before having the baby. I'll have to think about it and talk it over with her. She might be happy to have two weddings.

I was about to say the same thing. On the day you file that paperwork with the USCIS, you have to be legally free to marry. So look at what your divorce papers say. If you live in a state that has a "fini" or cooling off period after a divorce then you cannot do anything until that cooling off period is over.

Arizona has no such waiting period after the divorce. You can file appeals if you didn't like your settlement, but it doesn't change the fact that you are divorced.

If you plan to marry her there, then the CR-1 is the only way.

I'm assuming the child is yours? Then you can file for a US Passport for him/her since they'd be eligible and wouldn't be issued a visa.

Who's else would it be? But you're saying that I might need to get a paternity test before they can get a passport / CRBA?

[Derek & Rita 6]

Yes, that would be a quicker way, as long as it satisfies her need to be married before having the baby. I'll have to think about it and talk it over with her. She might be happy to have two weddings.

Arizona has no such waiting period after the divorce. You can file appeals if you didn't like your settlement, but it doesn't change the fact that you are divorced.

Who's else would it be? But you're saying that I might need to get a paternity test before they can get a passport / CRBA?

Ah, it appears that I do need to have a paternity test. Thanks for the information. http://travel.state.gov/law/citizenship/citizenship_5199.html

A blood relationship between the person and the father is established by clear and convincing evidence;

The U.S. citizen parent must be genetically related to the child to transmit U.S. citizenship.

Edited March 31, 2011 by ToeNailClipper