Divorce

[Grace & Irfan 6]

Hello,

I had a similar situation. I was married however separated from my husband when I met my current fiance. When things became serious with my fiance and I knew I wanted to marry him , I then filed for divorce with my estranged husband. As soon as my divorce was final , I filed for the K1 visa the very next week . This caused absolutely no problem.During my fiance's interview at the embassy, the interviewer did ask him if he knew I had been previously married , or if he knew I was actually married when I met him. My fiance explained that he knew I had been married, yet I was separated from my husband when our new relationship started. The interviewer accepted this answer and there was no problem.

Hope this helps

[Sven Nancy 3]

Before you file any immigration forms for your 'lover', make sure your divorce is finalize otherwise you will be denied...and they will ask for it. Just filed for a Disolution--absence of spouse and abandoned. it's the quickest and easiest way to get out of the marriage without dealing with the ex. ~1.5-2 months top and you're a free person to marry whoever you wish. Best of luck!

[reese1 68]

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!

Not necessarily the ex could have had a divorce granted by default, therefore only the person filing the divorce would have to sign and be in court. This is how I did my divorce. My ex-husband never showed up for any of the proceedings and my divorce was still granted. If the OP never received divorce papers they could have filed based on abandonment were you then only have to run an ad in the paper. If there is no response then the judge will grant the divorce based on default.

Op you can check the public records for the county were you think you (ex?)husband may have filed. Some counties will let you do this online of course there is a fee.

[Amadulove 4]

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?

in the state of tennessee once you go to court for the divorce and he does not contest it,you will get FINAL divorce papers the ame day. You are free and clear to do whatever you want, how ever from what i hear, the couselor at the embassy can be a "B" and say well ou was dating while still married. Yep i'm sure that you was not and have been seperated for years but they will feel that way. It depends if the couselor is having a good day or if he/she is very religious and concider that a commiting adultry. I met my fiancee why I was separated and had been for years and an attorney advised me to wait or to go and marry him, im like whats the difference I was still dating this man while I was legally married. anywho i've waited for over a year so I will start the process, but most of my evidence will show that I was inlove with him while being legally married. I hopw this makes since to you and helps. fyi, I do know of a few people that got a divorce after they met their fiancee and filed right away and was approved. Like I said it depends on the mood of the consular, pray about and move foward.

[chinna 5]

Do not start the process until u are divorce. They will require your divorce papers when you apply for a K1 visa. You need to find some way to get a quick divorce first.The will not allow you to file a K1 visa because you are still married and therefore, can't be engaged. I know you really can but the government does not agree! Hope this helps.....

[tEe328cEe 12]

my fiance was divorced in california... he had a lawyer and the case was uncontested. my fiance organized the required papers very well so it was an easy case for the lawyer. but then you have to wait for 6 months to be officially divorced.

you cannot file for k-1 visa if you're not divorced with your ex. so as early as possible try to contact your ex and ask him if he filed for it. if he did, well, you just have to show your divorce decree when filing for your k-1. on the other hand, if he didn't file for the divorce, you should start filing for it because the waiting period to be officially divorced is long (6 months).

i hope this helps.

good luck to you.

[KazuriSana 324]

Your marriage to any other man without irrefutable proof that you are legally divorced from your present (separated or not) husband will be null and void.

... so, take care of that issue first. Everything else is secondary.

[hamigirl710 112]

it does not matter if you married in Tennessee you have to file the divorce where you are a resident now. In my divorce my ex asked for the court to wave the remarriage time limit and they did. So maybe you can ask that to be a special provision in your divorce.