Fiance's divorce/citizenship/passport/Freaking out!

[saralan 0]

I have a buncha questions in here. You guys have been so great thus far.

My fiance is only legally separated. You have to be legally separated for a year before you can even file for divorce in Manitoba. They filed for divorce at the beginning of June. I'm wondering if the fact that we're going to be filing this as soon as his divorce decree shows up in the mail might be a problem for us? Also, the fact that we've been seeing each other while he's legally separated but not divorced. I assume it'd help for us to attach the copy of his legal separation document along with his divorce decree...? Will any of that affect our getting approved?

He's also a British citizen but has been living in Canada for 30 years and just took his citizenship test. Should we wait for that to be approved? He only has a British passport. I'm not sure how long it'd take for him to get a Canadian one. I don't know how much that matters, though. The main problem, I guess, is that we would have to wait longer if we filed saying he's a Canadian citizen, and he hasn't traveled to see me on a Canadian passport. I don't want it to seem like we're lying on anything. We had no idea what we were going to do (who was moving where or when) when he took his citizenship test (which he applied to take way before we met).

I'm wondering if this whole thing is getting too complicated for us to do on our own. I'm freaking out and getting discouraged. He was here for a month and left today, and we have no idea when (before we get the visa) we're going to see each other again. Really tough day and I just want to get things sorted out as best I can and know what I'm in for. This is awful. I know you've all been through it, so I know you guys won't think I'm just whining. This whole thing is just so agonizing. Again, thank you.

[Ms C 5]

It's not going to be a problem, once you file for k1 he will be divorced right? ( Do not file unless his divorce is final) and at the time of interview 4-5 months divorced, by that time he uses the visa after more then half a year after divorce. At the interview he can actually take a copy of his one year separation to have it with him if they ask for it. Other then that it won't be a problem.

Edited August 4, 2012 by Ms Carter

[saralan 0]

It's not going to be a problem, once you file for k1 he will be divorced right? ( Do not file unless his divorce is final) and at the time of interview 4-5 months divorced, by that time he uses the visa after more then half a year after divorce. At the interview he can actually take a copy of his one year separation to have it with him if they ask for it. Other then that it won't be a problem.

Thank you! What about his citizenship?

[aaron2020 11,651]

Thank you! What about his citizenship?

Whether he has Canadian citizenship is irrelevant to US immigration.

[lawren14 3]

If your fiance's divorce was FINAL when you file for I-129F, that's okay. You have to provide a copy of Divorce decree.

PASSPORT... if he visited you in the past, have his British passport stamps photocopied. You will need them as proof of his visits and/or having met in person within 2 years upon filing. I believe he'll be able to keep his British passport regardless of his change in citizenship. My fiance (who was once a Philippine citizen) has just naturalized before filing for fiance visa, so he has changed his passport as well. But he still have his old Philippine passport w/ him and we have his travel stamps photocopied..

About your fiance's change in citizenship, I don't really know.. In my opinion, I think you need to have an idea of how long should your fiance wait for his change in citizenship. On the other hand, fiance visa, if filed properly and carefully, will just took you about 7 months to a year... If his citizenship will take much longer time then maybe you can file for a k1 now.. Just read read and read.. You need to be well informed of the filing process and be careful in answering forms and be sure to provide enough evidence to avoid delays. And of course don't forget to pray...

Good luck.