Not divorced at time of K1 application

[Articgirl 3]

My fiance and I are doing everything by the books. We filed for our K1 in March and have been moving thru the process in the right order. My divorce was in the process of being completed when we filed. It was delayed and officially sent to the courts on August 8th. We applied on the understanding that I needed my divorce decree at the time of my interview. We put "2012" as the date of my divorce on our application, and have had no questions about the exact date. We spoke with an immigration attorney today who told us we will not be accepted. He was suprised they had not caught it yet. He suggested we send a letter to withdrawl our application, and re-apply when I receive my divorce decree. I will be divorced and able to marry when I enter the US. I'm looking for advice. Do we continue on the path we are on and hope for the best. Or do we withdraw and start the 8 month process again. This is a very big decision. If we wait, and get turned down at the interview, we push back the process further. If there is a chance it could be accepted it's worth the wait. Does anyone have any expience. Thank you in advance for your help.

[EAbbas 213]

My fiance and I are doing everything by the books. We filed for our K1 in March and have been moving thru the process in the right order. My divorce was in the process of being completed when we filed. It was delayed and officially sent to the courts on August 8th. We applied on the understanding that I needed my divorce decree at the time of my interview. We put "2012" as the date of my divorce on our application, and have had no questions about the exact date. We spoke with an immigration attorney today who told us we will not be accepted. He was suprised they had not caught it yet. He suggested we send a letter to withdrawl our application, and re-apply when I receive my divorce decree. I will be divorced and able to marry when I enter the US. I'm looking for advice. Do we continue on the path we are on and hope for the best. Or do we withdraw and start the 8 month process again. This is a very big decision. If we wait, and get turned down at the interview, we push back the process further. If there is a chance it could be accepted it's worth the wait. Does anyone have any expience. Thank you in advance for your help.

You were not divorced and free to re marry at the time you sent the k1 application. You should withdraw and refile when you are officially divorced. It will be denied as you were not divorced and it is a requirement you are free to remarry in order to file a k1 petition for your fiance.

[Articgirl 3]

My fiance and I are doing everything by the books. We filed for our K1 in March and have been moving thru the process in the right order. My divorce was in the process of being completed when we filed. It was delayed and officially sent to the courts on August 8th. We applied on the understanding that I needed my divorce decree at the time of my interview. We put "2012" as the date of my divorce on our application, and have had no questions about the exact date. We spoke with an immigration attorney today who told us we will not be accepted. He was suprised they had not caught it yet. He suggested we send a letter to withdrawl our application, and re-apply when I receive my divorce decree. I will be divorced and able to marry when I enter the US. I'm looking for advice. Do we continue on the path we are on and hope for the best. Or do we withdraw and start the 8 month process again. This is a very big decision. If we wait, and get turned down at the interview, we push back the process further. If there is a chance it could be accepted it's worth the wait. Does anyone have any expience. Thank you in advance for your help.

Thank you for your reply. We recieved our NOA2 and submitted it. Will they turn me down at the interview? Is there any chance??? Is there anybody else to call to ask. This is so terrible. I am devistated.

[Pitaya 2,577]

What box did you mark on Part A, Question 6, Marital Status, when you filed your Form I-129F?

[Articgirl 3]

That box was for my finaces info. He is looking for the form right now but can't find it on his computer. I suspect we said divorced with the date 2012 on the knowledge I would be divorced by the time of the the interview. Our huge error.

What box did you mark on Part A, Question 6, Marital Status, when you filed your Form I-129F?

[Harpa Timsah 13,258]

I am also surprised the mistake hasn't been caught yet. You must be free to marry at the time the petition is submitted. Are you the beneficiary?

I would refile. This case cannot be approved. Sorry.

[Pitaya 2,577]

That box was for my finaces info. He is looking for the form right now but can't find it on his computer. I suspect we said divorced with the date 2012 on the knowledge I would be divorced by the time of the the interview. Our huge error.

Okay, then. What box was marked on Part B, Question 6, Marital Status, when your Form I-129F petition application was filed?

[didopage 337]

I'm also surprised. Even if you said you were divorced, aren't you supposed to send a copy of the divorce decree in your I-129F package? I don't understand how you got the NOA2...

Best is to withdraw and refile. (Check also if your state has a "waiting" period after divorce. Even if it's like 6 months, you won't be done with the K-1 by that time yet, but it's still good to be sure).

[Pitaya 2,577]

I agree with the attorney, EAbbas, Harpa and didopage.

[Articgirl 3]

We had to send in more more evidence... photos, proof that we've been together in the last 6 months. They asked for his divorce decree. At no point have they asked for mine. It doesn't make sense. In my province there is a 30 day waiting period before I can marry. I guess I need to know if I have to wait until that period is over before we apply. The immigration lawyer said that when we re-apply we should send everything. The I29 (I think that's what it is) and the package of info they asked for the second contact. He said that might speed things up a bit. I don't think we're going to have any luck going thru with it at this point, even though I will be legally able to wed by my interview. This is so hard. I am devistated as is he.

[Harpa Timsah 13,258]

I like A&B's line of questioning, What is the answer to the last one?

You will have to wait until the waiting period is over. There was a recent denial over that, here.

[dukeandduchess 141]

The I-129F asks for both the petitioner and the beneficiary's marital status. If you marked single/divorced when you weren't, you may have some problems.

People have been denied for applying for being a few days from being "free to marry" (even if they are already divorced), so chances are your visa will be denied.

Edited August 25, 2012 by dukeandduchess

[Articgirl 3]

My fiance can't find the form on his computer. I am pretty sure we said divorced and the date was 2012. Seems really stupid right now. At the time, all we read said my divorce decree needed to be presented at the interview. We "read" that to mean that's when I would need it by. Thank you for the advice on the waiting period. I would really hate to have that impact another application. We don't have a complicated case. We have everything we need to prove we are real... which of course, we are. I looked at reasons to hire an immigration lawyer, and none of them applied to us. We are cut and dry... apart from my divorce. The thing that makes this so hard is that when we applied in March, I felt I was a few days from my divorce papers being filed. My ex husbands lawyer delayed again and again. If that hadn't happened, we could have at least re-applied now. With the waiting period we don't be able to reapply until mid October best case scenario. That means mid June to approval by the estimates. July and August are terrible times for me to not be able to leave the US, which means I won't be able to activate until September which is over a year away. What a mess we've created. We are building a house in the US. It will be done in November. He will be in it alone for a long time. I wish so badly there was something we could do, but it sounds like there is nothing.

[Penguin_ie 5,993]

You need to withdraw and re-petition. The positive thing is you caught it now, and you can visit during the second petition as you are Canadian.

[didopage 337]

Technically you didn't lose any time, as the soonest you guys will be able to re-send the I-129F package is when you both are free to marry. Just prepare a new package carefully, and send it as soon as you meet the requirements.

Look at the K-1 guide on VJ, this is a good help to make sure you have everything correct this time: http://www.visajourney.com/content/k1guide

And for sure, read the USCIS instructions on their website for each form (it would have prevent you headaches...).