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Tracey&Greg

Question about i-129f

By Tracey&Greg in K-1 Fiance(e) Visa Process & Procedures

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Tracey&Greg Collaborator

Tracey&Greg   33

Posted
Filed: AOS (apr) Country: United Kingdom
 Timeline
Posted

Hey there..I have a silly question but need some help. I am going through a divorce and almost finished (yay) so now me and my fiance are wondering once my divorce is finalized the law states I cannot get married till 60 days after the judges signing. So what we were wondering is if it is safe to mail in the i-129f because we know the fiance visa process will take longer than 60 days but is it okay to send in the request to get things started?

Many Warm Thanks (L)

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C-ma'am Experienced

C-ma'am   684

Posted
Filed: Citizen (apr) Country: Argentina
 Timeline
Posted

Hey there..I have a silly question but need some help. I am going through a divorce and almost finished (yay) so now me and my fiance are wondering once my divorce is finalized the law states I cannot get married till 60 days after the judges signing. So what we were wondering is if it is safe to mail in the i-129f because we know the fiance visa process will take longer than 60 days but is it okay to send in the request to get things started?

Many Warm Thanks (L)

I'm afraid you will have to wait the 60 days according to your State's law yes.gif If not, you will, most likely, get the petition denied on grounds that you are not free to marry yet.

Click to see my K1, AOS, ROC & Naturalization Timelines

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X Factor Grand Master

X Factor   1,112

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted

Mail it in on the 61 st day so that at the time of mailing you are free to pursue this relationship.

Sent I-129 Application to VSC 2/1/12
NOA1 2/8/12
RFE 8/2/12
RFE reply 8/3/12
NOA2 8/16/12
NVC received 8/27/12
NVC left 8/29/12
Manila Embassy received 9/5/12
Visa appointment & approval 9/7/12
Arrived in US 10/5/2012
Married 11/24/2012
AOS application sent 12/19/12

AOS approved 8/24/13

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Anh map Grand Master

Anh map   2,098

Posted
Filed: IR-1/CR-1 Visa Country: Vietnam
 Timeline
Posted

You must be free to marry.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Mrs. NSA Explorer

Mrs. NSA   6

Posted
Filed: Citizen (apr) Country: New Zealand
 Timeline
Posted

Yep you must be able to marry the day you send the petition. Best of luck :D

11/13/2011 POE LAX ( My love is finally HOME!)
11/19/2011 Married (6 days)
11/25/2011 Filed Marriage License (6 days)
12/08/2011 Sent AOS Packet ( I-485, I-130, I-797 (13 days)
12/12/2011 NOA ( Packet received) (4 days)
02/16/2012 RFE (70 days)
02/20/2012 Sent Requested Evidence Back (4 days)
02/24/2012 Notice of Receipt of Evidence (4 days)
02/25/2012 Production of EAD/AP Combo Card (1 day)
03/02/2012 Mailed EAD/AP Combo Card (6 days)
03/05/2012 Received EAD/AP Combo Card In Mail (3 days)
03/14/2012 Received Interview Notice for 4/18/2012 (9 days)
04/18/2012 Interview at 10:50 am APPROVED (4 days)
04/18/2012 Notice of Approval for GC (35 days)
04/23/2012 Card in Production email (5 days)
04/24/2012 Card in Mail (1 day)
04/26/2012 GC in hand YAYAYAYA! (2 days)

Removal Of Conditions

02/03/2014 Collect all paperwork for I-751 and over nighted to Vermont Service Center

02/05/2014 Notice of Acceptance Online (2 days)

03/12/2014 Biometrics Appointment ( Went Smooth) (35 days)

05/09/2014 Waiting!!! (58 days)

08/01/2014 I-751 APPROVED ( 142 days)

08/07/2014 Received the approval letter ( 148 days )

Naturalization

11/22/2016 Over nighted N-400 to Lewisville Texas

11/29/2016 Check Cashed!

12/05/2016 NOA

12/20/2016 Biometrics Appointment

01/30/2017 In Line for Interview

04/03/2017 Interview day! Approved (134 Days)

04/07/2017 Received Oath Ceremony Letter (137 days)




Total of 148 days in the ROC process!

Day 137 of Naturalization after starting this whole process 6 years ago.... here we go again.

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Sunnyland Proficient

Sunnyland   639

Posted
Filed: Citizen (apr) Country: Argentina
 Timeline
Posted

You can not send the petition until you are DIVORCED. If you send it now while you still are married, they will deny the petition. Good luck journey! :thumbs:

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baron555 Veteran

baron555   934

Posted
Filed: AOS (apr) Country: Kenya
 Timeline
Posted

Hey there..I have a silly question but need some help. I am going through a divorce and almost finished (yay) so now me and my fiance are wondering once my divorce is finalized the law states I cannot get married till 60 days after the judges signing. So what we were wondering is if it is safe to mail in the i-129f because we know the fiance visa process will take longer than 60 days but is it okay to send in the request to get things started?

Many Warm Thanks (L)

Yes

Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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KayDeeCee Grand Master

KayDeeCee   4,893

Posted
Filed: Citizen (apr) Country: Mexico
 Timeline
Posted

The two main requirements for an I-129F petition is that 1) you have met in person within the 2 years prior to filing and 2) that you are both free to marry at the time you file the petition. They are strict about these requirements. Wait out the 60 days to avoid the possibility of being denied. You would waste more time than just 60 days if that happens, and would lose out on the petition filing fee. Wait, pay once, and get approved.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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Tintin and Mike Experienced

Tintin and Mike   127

Posted
Filed: Citizen (pnd) Country: Philippines
 Timeline
Posted

You're not technically free to marry anyone within 60 days after your divorce is finalized. On the 61st day, go right ahead

Good luck!

K1
05/22/12 - Mailed I-129F
08/17/12 - Approved I-129F NOA2 (85 days)
11/19/12 - Approved Visa!! (179 days)
12/01/12 - POE Honolulu, HI
12/21/12 - Wedding Day!
AOS, EAD and AP
01/05/13 - Mailed I-485, I-765 and I-131
01/09/13 - USCIS accepted case and received text
01/11/13 - Cashed check
01/08/13 - Received NOA1
01/18/13 - Received Biometrics Appointment Notice
01/22/13 - Early Biometrics Walk-in (scheduled Feb 7)
01/27/13 - We're pregnant!!
02/04/13 - Received Appointment Notice
03/04/13 - Approved EAD and AP (58 days)
03/12/13 - Received EAD and AP combo card
03/12/13 - Interview and Approved GC (63 days)
03/20/13 - Received Green Card

10/3/13 - Baby #1 arrived

2/17/14 - Pregnant again! LOL

10/20/14 - Baby #2 arrived
ROC
01/09/15 - Mailed I-751

01/12/15 - NOA

01/16/15 - Received NOA Letter

01/20/15 - Mailed DMV 1yr Extension

02/05/15 - Received Biometrics Letter

02/09/15 - Early Bio (Walk-IN)

02/19/15 - Biometrics Appointment

06/15/15 - Approved
06/15/15 - Card Ordered and Mailed

08/22/15 - Card Received

N-400 on or after 12/15/15



and they'll live happily ever, ever after...
Relationship Journey: Our pursuit to happiness

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Pinkrlion Mentor

Pinkrlion   2,714

Posted
Filed: Country: Jamaica
 Timeline
Posted

Hey there..I have a silly question but need some help. I am going through a divorce and almost finished (yay) so now me and my fiance are wondering once my divorce is finalized the law states I cannot get married till 60 days after the judges signing. So what we were wondering is if it is safe to mail in the i-129f because we know the fiance visa process will take longer than 60 days but is it okay to send in the request to get things started?

Many Warm Thanks (L)

You have to wait until your divorce is finalized, plus the 60 days. You have to send in proof of divorce with your paperwork to prove you are free to marry, without it, your petition will be denied. You will then have to re-file which means waiting another 6-8 months, and repaying the filing fees. Look at this link to see what you need to file. http://www.visajourney.com/content/k1guide

Phase I - IV - Completed the Immigration Journey 

 

 

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LeftCoastLady Proficient

LeftCoastLady   441

Posted
Filed: Lift. Cond. (pnd) Country: United Kingdom
 Timeline
Posted

Is that 60-day law a state law or is it federal? I haven't filed a I-129F yet but my divorce has only been final for about 3 weeks.

It's by state. Be sure to check the legalities in your state before you file the petition.

Part One: The K-1 Visa Journey:

USCIS Receipt of I-129F: January 24, 2012 | Petition Approval: June 15, 2012 (No RFEs)
Interview: October 24, 2012 - Review | Visa Delivered: October 31, 2012



Part Two: Entry and Adjusting Status:

POE: November 18, 2012 (at SFO) - Review
Wedding: December 1, 2012 | Social Security: New cards received on December 7, 2012.
AOS Package (I-485/I-765/I-131) NOA1: February 19, 2013 | Biometrics Appt.: March 18, 2013
AP/EAD Approved: April 29, 2013 | Card Received: May 6, 2013 | AOS Interview Appt.: May 16, 2013 - Approved Review Card Received: May 24, 2013

Part Three: Removal of Conditions:

Coming Soon...

"When you're born you get a ticket to the freak show. When you're born in America, you get a front row seat." – George Carlin

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LeftCoastLady Proficient

LeftCoastLady   441

Posted
Filed: Lift. Cond. (pnd) Country: United Kingdom
 Timeline
Posted

That leads to another question...I'm an Ohio resident, my divorce was in a Utah court, and I currently live in California. Which state law would apply for me?

It would be where the divorce was filed and finalized -- Utah. You should check to see if there were any stipulations included in the divorce decree.

Part One: The K-1 Visa Journey:

USCIS Receipt of I-129F: January 24, 2012 | Petition Approval: June 15, 2012 (No RFEs)
Interview: October 24, 2012 - Review | Visa Delivered: October 31, 2012



Part Two: Entry and Adjusting Status:

POE: November 18, 2012 (at SFO) - Review
Wedding: December 1, 2012 | Social Security: New cards received on December 7, 2012.
AOS Package (I-485/I-765/I-131) NOA1: February 19, 2013 | Biometrics Appt.: March 18, 2013
AP/EAD Approved: April 29, 2013 | Card Received: May 6, 2013 | AOS Interview Appt.: May 16, 2013 - Approved Review Card Received: May 24, 2013

Part Three: Removal of Conditions:

Coming Soon...

"When you're born you get a ticket to the freak show. When you're born in America, you get a front row seat." – George Carlin

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