engaged before his divorce was final

[RulovesKev 0]

Hi All

I'm in need for advice yet again! I met my fiance earlier this year in February in Trinidad. We have been inseparable since then and I went to visit him in September and he proposed. At the time I met him, he had been seperated from his now ex-wife, for about a year. Now that I am putting things in place to file for the K-1 visa, I discovered that my fiance's divorce was only finalized Oct 11 . Not only did I meet him when he was still legally married, we got engaged a month and half before divorce was final. I am though, visiting him again for christmas and new years (for about 3 weeks). I am wondering if:

1) I should go ahead and file right now- after all ts not illegal to get engaged while one of the spouses is separated but still legally married (gosh it just sounds and looks bad doesn't it: )

2) Adjust engagement date to Dec (when I visit him) -but this will result in a delay in filing the paperwork (January when i get back)

Help!!!

thanks is advance!

[lovebirds85 12]

as far as you are both free to marry you can send the petition

[memlaura 60]

To file a K 1 you have to be free to marry at the time of filing so it should not be a problem but I am not 100% sure I filed I130 spouse visa... but never give false information that can come back and bite you down the road...

[reese1 68]

The requirement is that he is free to marry when you file the petition. The fact that he proposed while he was still married, I mean it happens. Sometimes people are separated for years before the divorce is actually final.