Advice Needed

[Larry&Betty 0]

I have a friend who is wanting to marry her fiance but, dosent know which form to file I 129f of I 130. Her circumstances are a little complicated as she is still legally married but has been living in seperate households for a year and a half now. She has also filed her as taxes single head of household for 2011. She has only visted one time so far which was Spring 2011, but plans to go back this September and isnt sure if at that time she should just go ahead and get married while there or to wait. There was also a period of time they did not speak appox. 6 months and they dont have any pictures together basically not very much proof of ongoing relationship.. Please let me know which would be the best route and just how long does the average person get through wiht the cr1.

[canadian_wife 1,822]

Ok, I'm confused. So she is legally married to someone OTHER than the man she wants to marry?

If this is the case then there is nothing she can do until she is legally divorced. While she can be engaged to another man while married to someone else, she cannot petition for him until she is legally free to marry according to federal regulations.

If she IS married to that same man, then she can only file the I130 for her spouse

Good luck

[Ontarkie 14,227]

Moved from Effects of Major Family Changes on Immigration Benefits to General Immigration-Related Discussion as they are looking for information for both.

[Larry&Betty 0]

Ok, I'm confused. So she is legally married to someone OTHER than the man she wants to marry?

If this is the case then there is nothing she can do until she is legally divorced. While she can be engaged to another man while married to someone else, she cannot petition for him until she is legally free to marry according to federal regulations.

If she IS married to that same man, then she can only file the I130 for her spouse

Good luck

[Larry&Betty 0]

Her divorce will be final in about six weeks... She is concerned that this will cause problems with filing the I 129f and wonders is she she go ahead and get married firs and how long that route will actually take

[Scott & Ale 3]

Her divorce will be final in about six weeks... She is concerned that this will cause problems with filing the I 129f and wonders is she she go ahead and get married firs and how long that route will actually take

The CR1 and K1 processes both take about the same time to process. I see the options that would provide the same timeframe as:

1. File the K1 visa the day the divorce is final. They can get all of the paperwork ready now.

2. Get married the day of being legally divorced and file for the K1.

It is a matter of personal preferance but she cannot get legally married until legally divorced and the K1 and CR1 processes take about the same amount of time.

[canadian_wife 1,822]

http://www.visajourney.com/content/compare

tell your friend that once her divorce is final she should read the comparason guides to see what visa works best for her

Good luck

[Cathi 5,755]

First things first. Your friend needs her divorce to be final before she does a thing. As far as which visa to file for is totally up to her and it isn't up to us to make a decision for her. There are guides at the top of he page for her to study and she can make her decision based on what she wants.

[Kathryn41 3,205]

The CR1 and K1 processes both take about the same time to process. I see the options that would provide the same timeframe as:

1. File the K1 visa the day the divorce is final. They can get all of the paperwork ready now.

2. Get married the day of being legally divorced and file for the K1.

It is a matter of personal preferance but she cannot get legally married until legally divorced and the K1 and CR1 processes take about the same amount of time.

I think the part I highlighted in red above is supposed to be 'file for the CR-1"

Edited July 8, 2012 by Kathryn41

[stronger 43]

I've seen this time and time again on here. The CO at the consulate will look how much time between divorce and marriage, and see if the new relationship started before the old one ended. There's also the issue of where there is a waiting period after divorce in their home state as well as the country of the foreign fiance. I've met more than a couple people on VJ who were denied because of this.

your friend should not rush anything, and maybe slow down and take their time. If they rush they could end up getting denied or delayed quite a long time.

[MrsLopez 6]

Well, your friend can not legally marry until her divorce is final. I agree with preparing the documents now and file for the K1 visa or marry and file for CR-1 when she is legally divorced. Since she has been separated for 1 1/2 years from her current husband then her date of legal separation is time enough apart to know whether or not her marriage is over. I am concerned that it sounds like your friend and her fiance doesn't have much proof of a solid relationship working towards marriage. I would suggest more communication with proof i.e. Skype, phone records, phone cards, plane tickets, etc you know the usual stuff people do when they are in a solid relationship long distance wanting to be together. Your friend needs to finalize her divorce and provide the counsel with a substantial amount of proof that her relationship is solid.

[bigdog 376]

Time and evidence will weigh heavily on any decision here. Look at the other postings like this many have had issues with everything so close together.

[rade2rising 205]

she should file CR1 after her divorce. not my place to judge her but questions will be asked and she may have to admit being in relation with another man before her initial marriage was dissolved.

[bsd058 296]

She should wait until she is divorced, then she can either file an I-129F or she can get married and file an I-130.

Edited July 8, 2012 by bsd058

[AF-Wife 181]

The CO at the consulate will look how much time between divorce and marriage, and see if the new relationship sJtarted before the old one ended.

I started a relationship with my husband about 1 year before he was officially divorced and we got married 3 months after his divorce was final and it never came up. Not even one single question or thought about it from the IO. His divorce degree even stated that 'adultery' was the reason for divorce .... was never a problem!