divorce vs legal separation

[Max1gk 68]

Hi everyone,

yesterday a friend of a dear friend of mine contacted me to receive some informations about how to legally enter the US to marry and stay with his girlfriend in California. Apparentely there's a problem though..he legally separated from his ex-wife last May but he's not divorced. The law in Italy about this issue is very weird and nonsense..basically when over here a marriage ends,the two partners can legally separate but they can file for divorce only after 3 years of legal separation. Does he still have a chance to apply for a K1 in the near future or a full divorce is mandatory?

Thank you

Edited June 25, 2011 by Max1gk

[Good Life 7]

To be eligible for K1 both the petitioner and the beneficiary MUST BE LEGALLY FREE to marry. In your friend's case he still married, legally separated or not. The answer to your question is HE MUST DIVORCE his wife before he can apply for K1

[Inky 1,110]

No hes married you cant file K-1 petition when you are married. You have to provide divorce decree with the K-1 if you were previously married.

[Max1gk 68]

Thanks for your replies guys; I told him the same thing but still I wanted to hear from here too to be 100% sure

[Penguin_ie 5,993]

Yeah Ireland has a similar law, except it's four years. Of course if a couple really wants a divorce, and both agree, they can get divorced in another country where it is quicker. But yes, as the others have said, you need to be fully divorced and submit the divorce degree to start the K1 process.