Divorce

[Ivie & Eguagie 119]

We need help please. I have been separated from my ex since 2000. And in June 2010 I meet the greatest man I have ever known. And we started as friends and then became lovers. And we have been engaged for over one year. We have decided to start filing for a K-1 next year. But not sure if my divorce was even filed by my ex. Now we are wondering if this will cause us problems if I go ahead and file now. And wonder if we can still file paperwork for the K-1. Sorry if I wrote this wrong he normally post our questions but I'm so afraid now I could not wait need answers now please.

[Ivie & Eguagie 119]

What happen When a marriage has been abandoned(which was abandoned by me ) about 12 years ago and there was no divorce and now that I'm planning to get married, want to file divorce to be free to marry again. Will I need to wait for 6 months period before I can petition i-129f for my fiancé?

[Moomin 292]

You're the US citizen? Which state do you live in?

[Bumbero 130]

At the time of filing both petitioner and beneficiary have to be free to marry. This means that yes, you have to find out if you are officially divorced. If you are not, then a petition cannot be filed for K1 visa. It will be denied.

[Ivie & Eguagie 119]

Yes I'm a citizen he is a Nigerian living in Senegal. I live in Los Angeles California

You're the US citizen? Which state do you live in?

[Ivie & Eguagie 119]

If I file now it takes 30 days to be finalized. Do we have to wait 6 months to file K-1?

At the time of filing both petitioner and beneficiary have to be free to marry. This means that yes, you have to find out if you are officially divorced. If you are not, then a petition cannot be filed for K1 visa. It will be denied.

[Bumbero 130]

I'm not sure what your divorce laws are in California but I do know that everything needs to be finalized for you to file the petition. You have to send in a copy of the divorce decree with the petition. If it isn't finalized when you file, your petion will be rejected. If that means waiting a mandatory 6 month period before you are offically divorced, I highly recommend you sit back, plan your paperwork and file as soon as it's over. Anything else, jumping the gun, will result in a denial. Don't risk it!

Good luck!

Edited October 28, 2012 by Bumbero

[Enigma11561 336]

We need help please. I have been separated from my ex since 2000. And in June 2010 I meet the greatest man I have ever known. And we started as friends and then became lovers. And we have been engaged for over one year. We have decided to start filing for a K-1 next year. But not sure if my divorce was even filed by my ex. Now we are wondering if this will cause us problems if I go ahead and file now. And wonder if we can still file paperwork for the K-1. Sorry if I wrote this wrong he normally post our questions but I'm so afraid now I could not wait need answers now please.

To file a K1 you must be free to marry. That means showing that you are divorced from any other previous marriage. They want to see the divorce papers. Do not file until you have them.

[Dolly&Dan 11]

Consider divorcing in Nevada. I know many California residents who did so. I was divorced in Nevada and entire divorce from filing until having final divorce decree in hand was 2 weeks. In California you have the 6 month mandatory wait. In order to divorce in Nevada it is a very easy requirement to meet the residency requirement.

To establish Nevada residency and qualify for a divorce in days: one (1) party must currently reside in Nevada for at least 6 weeks. To prove your residency type a Resident Witness Affidavit that another resident signs stating that he/she has seen you living in Nevada for 6 weeks. The witness must be at least 18 years of age who has lived in Nevada for at least the past six (6) weeks and may be a relative, friend, co-worker or an employee of a Lodging Establishment where you are residing.

Divorcing in Nevada was simple as long as both parties agree. If its contested it will be more difficult no matter where you divore and would likely take over 6 months in California.

[Ivie & Eguagie 119]

I'm not sure what your divorce laws are in California but I do know that everything needs to be finalized for you to file the petition. You have to send in a copy of the divorce decree with the petition. If it isn't finalized when you file, your petion will be rejected. If that means waiting a mandatory 6 month period before you are offically divorced, I highly recommend you sit back, plan your paperwork and file as soon as it's over. Anything else, jumping the gun, will result in a denial. Don't risk it!

Good luck!

Thanks for your response. We actually got married in Nashville, Tennessee. I'm still trying to get in touch with him to find out how he went about it.

[Ivie & Eguagie 119]

Consider divorcing in Nevada. I know many California residents who did so. I was divorced in Nevada and entire divorce from filing until having final divorce decree in hand was 2 weeks. In California you have the 6 month mandatory wait. In order to divorce in Nevada it is a very easy requirement to meet the residency requirement.

To establish Nevada residency and qualify for a divorce in days: one (1) party must currently reside in Nevada for at least 6 weeks. To prove your residency type a Resident Witness Affidavit that another resident signs stating that he/she has seen you living in Nevada for 6 weeks. The witness must be at least 18 years of age who has lived in Nevada for at least the past six (6) weeks and may be a relative, friend, co-worker or an employee of a Lodging Establishment where you are residing.

Divorcing in Nevada was simple as long as both parties agree. If its contested it will be more difficult no matter where you divore and would likely take over 6 months in California.

Thanks for your suggestion. I'm trying to know the possible outcome ahead if I'm to wait or not before proceeding with the petition. That's if my ex didn't file for divorce as he said he did, but if he did, I'll just have to lay my hand on the decree and proceed If not I will have to file the divorce myself and wait

Edited October 28, 2012 by Ken & Lecia

[Dolly&Dan 11]

You definetly need the final divorce decree to file.

[Bumbero 130]

I would contact a lawyer. Not for your petition but to help handle your divorce questions. There are a lot of issues here that you might need help with. Nothing wrong with legal consultation for some advice as well. ESPECIALLY dealing with out of state divorce and a (ex)husband that may or may not have actually filed.

You definetly need the final divorce decree to file.

[Penguin_ie 5,993]

**** Two topics on the same issue merged and moved from Philipines (which the OP doesn't seem to be from according to profile) to General Immigration ****

[Neonred 3,564]

I would contact a lawyer. Not for your petition but to help handle your divorce questions. There are a lot of issues here that you might need help with. Nothing wrong with legal consultation for some advice as well. ESPECIALLY dealing with out of state divorce and a (ex)husband that may or may not have actually filed.

Before you rush out to find a lawyer, contact the ex? husband first to find out if he filed for divorce. If you don't know if you are divorced and didn't sign anything I'm guessing he may have never filed for divorce.

Most times both parties know if they got divorced!

Edited October 28, 2012 by Neonred