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MRS.MONTILLA Collaborator

MRS.MONTILLA   4

Posted
Filed: K-1 Visa Country: Dominican Republic
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Posted

My divorce was finalized back in april in santo domingo and I'm planning to file a k1 this coming friday. Does snyone think that will be an issue.? Me and my f iance have twins together and I would love to marry him but due yo laws in dominican republic woman can't remarry for 10 months do dats y I'm filing k1

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Redicent Explorer

Redicent   14

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Filed: Timeline
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My divorce was finalized back in april in santo domingo and I'm planning to file a k1 this coming friday. Does snyone think that will be an issue.? Me and my f iance have twins together and I would love to marry him but due yo laws in dominican republic woman can't remarry for 10 months do dats y I'm filing k1

A K-1 visa requires that you be able to marry, in the USA.

If the divorce decree (you must provide a certified translation to English) does not limit your ability to marry, and no laws in DR prohibit you from marriage in the USA, you should be ok.

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agrabs Rising Star

agrabs   241

Posted
Filed: Citizen (apr) Country: Romania
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For K1 visa, you must be free to marry at the time the K1 visa application is submitted. If you are not legally able to marry yet then you need to wait until you are before you submit the application.

K1 Visa                                                                 Adjustment of Status                                                             ROC

Service Center : California Service Center                        CIS Office : Kansas City MO Service Center                           California Service Center

Consulate : Bucharest, Romania

I-129F Sent : 2011-11-18                                 Date Filed : 2012-09-04 Date                            Filed: 2015-05-26

I-129F NOA1 : 2011-11-23                                      NOA Date : 2012-09-06                                                             NOA1 Date: 2015-05-28

I-129F RFE(s) : none                                              RFE(s) : NONE                                              RFE(s): NONE

I-129F NOA2 : 2012-04-12                                                 Bio. Appt. : 2012-10-03                                                              BIO. Appt.: 2015-09-15

NVC Received : 2012-04-26

NVC Left : 2012-05-10                                           EAD/AP Approved : 2012-11-08                             ROC APPROVED:2015-10-26      

Consulate Received : 2012-05-14                               EAD/AP Card Received : 2012-11-17                         Green card Received: 2015-11-04    

Packet 3 Received : 2012-05-17                                          Green card Approved : 2013-07-08                        NO INTERVIEW

Packet 3 Sent : 2012-05-20                                                    NO INTERVIEW

Interview Date : 2012-06-26                                                 Green Card Received : 2013-07-15

Interview Result : Approved                                                 

Visa Received : 2012-06-26                                                   

US Entry : 2012-07-05

Marriage : 2012-08-24

 

N-400 Naturalization:

04/25/2016 N-400 sent to USCIS AZ courier address thru FedEx

05/04/2106 NOA I-797 Receipt Notice Date
05/27/2016 Fingerprints Bio-metrics appointment date
06/08/2016 E-notification of interview scheduling
06/13/2016 Received official letter regarding interview
07/18/2016 Date of Interview
08/11/2016 Date Oath Ceremony
Field Office: Kansas City, MO

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NikLR Grand Master

NikLR   13,227

Posted
Filed: Lift. Cond. (apr) Country: Canada
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Posted

I am legally able to marry in da states but in DR I'm not. But I was saying that's y I am going k1 route

You need to be legally able to marry.... Is there a waiting period required in the DR after divorce?

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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baron555 Veteran

baron555   934

Posted
Filed: AOS (apr) Country: Kenya
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Posted

A K-1 visa requires that you be able to marry, in the USA.

If the divorce decree (you must provide a certified translation to English) does not limit your ability to marry, and no laws in DR prohibit you from marriage in the USA, you should be ok.

I agree. I'ts US laws that are followed.

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

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

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MRS.MONTILLA Collaborator

MRS.MONTILLA   4

Posted
Filed: K-1 Visa Country: Dominican Republic
 Timeline
  • Author
Posted

In thw dominican republic in ordee to remarry there a woman haa to wait 10 months to marry in the dominican republic. Again that's why I am filing a k1 visa since that rule wouldn't apply since I am going to remarry In the states.

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d3adc0d3 Rising Star

d3adc0d3   186

Posted
Filed: AOS (apr) Country: Argentina
 Timeline
Posted (edited)

I would recommend that you verify this with an immigration lawyer so you don't waste time and money on a K1 visa filed too soon.

If you are indeed legally able to marry according to immigration laws, then the government does not care whether you were divorced for 10 years or 1 day before you filed. So long as you are free and legally able to marry according to immigration laws.

You will have to have met your fiance(e) in the last 2 years.

You both must be free and able to marry, provide all divorce certificates, annulment certificates, death certificates, etc.

You must be sponsored by a U.S. Citizen.

You must be willing to marry within 90 days of the beneficiary (foreign fiance(e)) of entering the U.S. on the K1 visa. If you do not marry within that 90 days you'll be deported, and possibly face a permanent ban.

Edited by d3adc0d3

~ Don't forget to 'Vote Up' useful advice from others ~

K1 Visa Journey [April 11, 2013 - August 31, 2014]
[2014-09-20] !!! WEDDING !!!
[2014-09-22] Applied for SSN
[2014-09-26] Marriage License in Snail Mail
[2014-10-22] Notification of SSC in mail, will arrive "within 2 weeks"
[2014-10-27] SSC Arrived!

2015-04-30] Mailed AOS Package!
[2015-06-16] EAD Approved!
[2015-06-16] AP Approved!
[2015-06-23] EAD/AP Card Received!

[2015-10-02] AOS Approved (No Interview)!

[2015-10-07] Greencard Mailed

[2015-10-09] Approval Notice Recieved

[2015-10-09] Greencard Recieved!

I used RapidVisa for my petition; a paperwork service. A K1 is $375.00 to use their hassle-free online application system.

Useful Links:
Igor's List | Advanced Search Tool | Q&A With a Former USCIS Adjudicator
Visa Status Checker (Once you get a Case # from NVC) | Offical USCIS Reasons for a K1 Denial

The advice offered by this user is not legal advice. You should contact an attorney to obtain legal advice.

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Redicent Explorer

Redicent   14

Posted
Filed: Timeline
Posted

I would recommend that you verify this with an immigration lawyer so you don't waste time and money on a K1 visa filed too soon.

Good advice. Some laws of your country may follow you as long long as you're a citizen; just as some laws of the USA follow American citizens, wherever we go. Check it out.

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Frances&Bryan Community Regular

Frances&Bryan   6

Posted
Filed: K-1 Visa Country: Dominican Republic
 Timeline
Posted

Mrs montilla ur k1 is fine. Eventhough u recently divorced, its ok. Just make sure to send the ACTA DE DIVORCIO TO USCIS certified translated in english. Do no send the sentencia de divorcio, it has to be the ACTA DE DIVORCIO.

Good luck in ur journey!

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reese1 Proficient

reese1   68

Posted
Filed: K-1 Visa Country: Dominican Republic
 Timeline
Posted

You will be fine to file the k1 visa per US laws so you are fine on that part. However, where you are going to have a problem is if you are just now finalizing your divorce and you and your fiancé have a child together that was conceived before your divorce was final. In most states (not going to say all cause I'm not sure) when a child is born even if you are separated, the legal husband is considered the legal father even if he is not. Not saying that you will not get approved, only that you need to make sure you address that issue during the interview. I advise getting a notarized letter from your ex husband stating that the child although conceived during the marriage is not his. IF, this was not the case and you were divorced before you got pregnant by your fiancé then you are good on everything else. Just make sure you document the relationship VERY well.

Our Journey
6/13/2012 Sent I-129F package
6/14/2012 NOA1 --> California Service Center
9/25/2012 NOA2
10/01/2012 NOA2 Hardcopy received
10/01/2012 NVC Received
10/19/2012 Left NVC
11/30/2012 Picked-up Packet from Local Post Office
01/16/2013 Medical
01/23/2013 Interview - In AP

09/24/2013 Visa picked-up from DOMEX
10/10/2013 POE Ft. Lauderdale

10/28/2013 Applied for Social Security Number

01/01/2014 WEDDING IN LAS VEGAS


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