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med1023

Petition requirements

By med1023 in K-1 Fiance(e) Visa Process & Procedures

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med1023 Rookie

med1023   0

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
Posted

Hello everyone

Someone told me that I can't file for a K-1 fiancée visa because my fiancée and I entered the relationship before my divorce was final, I thought it only had to be final before I file the petition. Does anyone know if this info is correct? My divorce was finalized on January 29 2013, was hoping to send out the petition today. Thanks

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Ning Experienced

Ning   619

Posted
Filed: K-3 Visa Country: Thailand
 Timeline
Posted

Hello everyone

Someone told me that I can't file for a K-1 fiancée visa because my fiancée and I entered the relationship before my divorce was final, I thought it only had to be final before I file the petition. Does anyone know if this info is correct? My divorce was finalized on January 29 2013, was hoping to send out the petition today. Thanks

Send the petition.

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UK-USA-K1 Rising Star

UK-USA-K1   128

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

Sorry, I can't answer that with any certainty, but I will say that I met my fiance after deciding to divorce from my ex-wife, but before the divorce was finalized. My ex took her sweet time doing each of her portions of the divorce as well, so it took some time to get done. I don't expect it to be an issue, but you have raised my curiosity now. I'm sure some folks here have finished the process and can assure that it is ok

If it were a spousal visa, I think that might raise some flags, but it shouldn't IMO for a fiance visa

Edited by UK-USA-K1
FILE FOR K-1 Adjustment of Status Removal of Conditions

January 31.2010 - Met Online April 10, 2014 - Mailed in I-485 + I-765 March 19, 2016 - Mailed I-751 to CSC

February 20, 2011 - Met in Person April 14, 2014 - Forms arrived at Chicago Lockbox March 23, 2016 - I-751 arrived at CSC

July 28, 2012 - Engaged April 17, 2014 - Acceptance email arrived stating case forwarded to NBC March 23, 2016 - NOA1 Date (received March 28)

February 5, 2013 - Mailed I-129F to Lewisville, TX April 27, 2014 - Received letter for Biometrics appointment April 20, 2016 - Biometrics scheduled (incomplete due to dry cracked skin)

February 6, 2013 - USPS Receipt/Delivered I-129F April 28, 2014 - Received Acceptance NOA1 hard copies for AOS and EAD May 13, 2016 - Walk in Biometrics Completed

February 8, 2013 - NOA1 Notice Date May 12, 2014 - Biometrics Appointment Done September 27, 2016 - ROC Approved (Checked status via website w/receipt #)

February 11, 2013 - Bank shows check cashed today May 15, 2014 - Interview Schedule Letter (received May 17, 2014) October 6, 2016 - Card Arrived

February 11, 2013 - E-Mail Notification of Case Acceptance and June 5, 2014 - Interview Scheduled at Local office 8:15 a.m.

Case Number (Routed to California Service Center) June 11, 2014 - USCIS Status updated to show Greencard in the mail

February 12, 2013 - E Mail Notification of Alien Registration Number Change w/USPS tracking showing it scheduled to arrive

February 15, 2013 - Hard Copy NOA1 received June 14, 2014

June 5, 2013 - Email notice of RFE June 13, 2014 - GreenCard arrived

June 6, 2013 - RFE postmarked

June 10, 2013 - RFE arrived in the mail

June 11, 2013 - RFE mailed back Express USPS

June 12, 2013 - RFE received @ CSC / USCIS website updated to reflect this

June 20, 2013 - I-129F Approved

June 24, 2013 - NOA2 Hard Copy Received

June 28, 2013 - NVC Assigned Case Number

July 2, 2013 - NVC shipped case to London

July 9, 2013 - London Received Case File

July 13, 2013 - Packet 3 Instructions Received

July 17, 2013 - Packet 3 Forms Mailed (Except DS-2001)

July 30, 2013 - DS-2001 sent (arrived July 31)

July 30, 2013 - Medical Scheduled (and completed w/no issues)

August 5th - Medical Results Logged in

August 8th - DS-2001 Logged in

August 20, 2013 - Interview Date Set

September 17, 2013 - Interview at 8:00 a.m. (APPROVED)

Waiting for VISA...

September 25, 2013 - Visa Delivered

October 8, 2013 - POE Las Vegas, NV

October 11, 2013 - Married

October 13th - HOME

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dailypattern Apprentice

dailypattern   0

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

Hello everyone

Someone told me that I can't file for a K-1 fiancée visa because my fiancée and I entered the relationship before my divorce was final, I thought it only had to be final before I file the petition. Does anyone know if this info is correct? My divorce was finalized on January 29 2013, was hoping to send out the petition today. Thanks

Hi. I believe that you CAN still file for the k1, it just may look a little suspicious, so you may have some explaining to do at the interview. For example, if you and your ex-wife were legally separated and living apart when you met your current fiancé, I do not think you can be denied for something like that. I would say go ahead and file, now that your divorce is final. Good luck.

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med1023 Rookie

med1023   0

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
  • Author
Posted

Yeah mine took a very long time as well, when my friend told me that today it caught me off guard. From what I been reading I think I'll be ok. Thanks

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jasmine427 Apprentice

jasmine427   0

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

you can file the petition.. my fiance and i started our relationship october and his divorce was granted December. the CO didnt asked me about it when i had my interview..

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Gary and Alla Grand Master

Gary and Alla   3,694

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

Hello everyone

Someone told me that I can't file for a K-1 fiancée visa because my fiancée and I entered the relationship before my divorce was final, I thought it only had to be final before I file the petition. Does anyone know if this info is correct? My divorce was finalized on January 29 2013, was hoping to send out the petition today. Thanks

You are fine for the petition. An approved petition is NOT a visa, however. There have been visas denied because a relationship began before a divorce was finalized, and there are even some recent examples of that right here in these forums...use the forum search. Such denials are consulate specific and I am not sure ANY of them were in Manila, but you can ask in the PI forum where you have a bunch of people with specific experience.

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

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Tania2013 Contributor

Tania2013   5

Posted
Filed: Other Country: Dominican Republic
 Timeline
Posted

I'm filling out a i-130, it is necessary that I also fill out a G-325A? Please let me know I need to send all the documents on Monday 3/11/13. What else do I need to send out.

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UK-USA-K1 Rising Star

UK-USA-K1   128

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

I'm filling out a i-130, it is necessary that I also fill out a G-325A? Please let me know I need to send all the documents on Monday 3/11/13. What else do I need to send out.

you will probably get better answers in the proper forum, I filed the I-129F for K-1 visa, so don't know the answers to your particular case. The guides here are very helpful. Between the proper forum and the guides you should be set.

Guide:

http://www.visajourney.com/content/i130guide1

I-130 Forum:

http://www.visajourney.com/forums/forum/110-ir-1-cr-1-spouse-visa-process-procedures/

Hope these help

FILE FOR K-1 Adjustment of Status Removal of Conditions

January 31.2010 - Met Online April 10, 2014 - Mailed in I-485 + I-765 March 19, 2016 - Mailed I-751 to CSC

February 20, 2011 - Met in Person April 14, 2014 - Forms arrived at Chicago Lockbox March 23, 2016 - I-751 arrived at CSC

July 28, 2012 - Engaged April 17, 2014 - Acceptance email arrived stating case forwarded to NBC March 23, 2016 - NOA1 Date (received March 28)

February 5, 2013 - Mailed I-129F to Lewisville, TX April 27, 2014 - Received letter for Biometrics appointment April 20, 2016 - Biometrics scheduled (incomplete due to dry cracked skin)

February 6, 2013 - USPS Receipt/Delivered I-129F April 28, 2014 - Received Acceptance NOA1 hard copies for AOS and EAD May 13, 2016 - Walk in Biometrics Completed

February 8, 2013 - NOA1 Notice Date May 12, 2014 - Biometrics Appointment Done September 27, 2016 - ROC Approved (Checked status via website w/receipt #)

February 11, 2013 - Bank shows check cashed today May 15, 2014 - Interview Schedule Letter (received May 17, 2014) October 6, 2016 - Card Arrived

February 11, 2013 - E-Mail Notification of Case Acceptance and June 5, 2014 - Interview Scheduled at Local office 8:15 a.m.

Case Number (Routed to California Service Center) June 11, 2014 - USCIS Status updated to show Greencard in the mail

February 12, 2013 - E Mail Notification of Alien Registration Number Change w/USPS tracking showing it scheduled to arrive

February 15, 2013 - Hard Copy NOA1 received June 14, 2014

June 5, 2013 - Email notice of RFE June 13, 2014 - GreenCard arrived

June 6, 2013 - RFE postmarked

June 10, 2013 - RFE arrived in the mail

June 11, 2013 - RFE mailed back Express USPS

June 12, 2013 - RFE received @ CSC / USCIS website updated to reflect this

June 20, 2013 - I-129F Approved

June 24, 2013 - NOA2 Hard Copy Received

June 28, 2013 - NVC Assigned Case Number

July 2, 2013 - NVC shipped case to London

July 9, 2013 - London Received Case File

July 13, 2013 - Packet 3 Instructions Received

July 17, 2013 - Packet 3 Forms Mailed (Except DS-2001)

July 30, 2013 - DS-2001 sent (arrived July 31)

July 30, 2013 - Medical Scheduled (and completed w/no issues)

August 5th - Medical Results Logged in

August 8th - DS-2001 Logged in

August 20, 2013 - Interview Date Set

September 17, 2013 - Interview at 8:00 a.m. (APPROVED)

Waiting for VISA...

September 25, 2013 - Visa Delivered

October 8, 2013 - POE Las Vegas, NV

October 11, 2013 - Married

October 13th - HOME

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biaobiao Community Regular

biaobiao   40

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

most likely you should be okay. The CO or immigration is concerned if your relationship is true. as long as the divorce is final. your divorce is legit. relationship is legit... just be prepared if the CO asked for explanation though.. give your fiancee all the right info

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