Spouse Visa or Fiancé Visa

[awe-Inspiring 2]

Hi Every one,

I'm here to get some advise from people who passed through same experience. Here is a brief intro about my situation:

Married in Pakistan Jan 2003 to our very close dad's friend's daughter

Blessed with a baby son in May 2005

Came to US Feb 2006 and got permanent green card march 2006

Start facing family problems and hardships since living with In-Laws

Separated in Aug2007

Filed petition for my son's visitation rights Nov2008( never let to see my son since separated)

Engaged to my Fiancé Dec 2012 ( already visits two times to her)

Wife filed divorce Sept 2013( after 7 long years since seperation)

Divorce process in progress

Now Question1- Is it possible to file for K1 visa during divorce process from my Ex.( if no Divorce decree can get RFE and then Send the decree once divorce final)

Q2- Is it possible to get married to my fiancé during divorce process from my first wife

Q3- how soon I can file for my fiancé

Q4- What kind of visa category is the best option K1,K3,CR1 and which one is fastest

Q5- Is it possible to get K1 visa even we got married

Thanks-

Raaza

[NikLR 13,227]

Are you a USC?

1) you must be free to marry to file the I-129F

2) you can't get married until you're divorced

3) after you're free to marry

4) fastest is K1 but the CR1 IMHO is a better visa with 1/2 the price You cannot file an I-129F for the fiancee visa route unless you are a USC

5) No you cannot get a k1 visa if you're married.

[dwheels76 5,468]

Question1- Is it possible to file for K1 visa during divorce process from my Ex.( if no Divorce decree can get RFE and then Send the decree once divorce final)

No you have to be free to marry when u file a I-129F petition.

Q2- Is it possible to get married to my fiancé during divorce process from my first wife

No that's bigamy and illegal.

Q3- how soon I can file for my fiancé

Have u checked ur state to see if there's a waiting period after divorce? Like Nebraska you have to wait 1 year after divorce is granted to get married.

Q4- What kind of visa category is the best option K1,K3,CR1 and which one is fastest.

If u are going the fiance route its a K1. If married CR1/IR1. K3 is basically obsolete and buys u nothing.

Usually K1 is faster but that can change in an instant. Its more what benefits fits your situation best.

Q5- Is it possible to get K1 visa even we got married

No a K1 visa is only for engaged people.

[Umka36 781]

You cannot file a petition until your divorce is finalized, since you are still considered married. Some States even have a waiting period before you can remarry.

[Kathryn41 3,205]

Topic has been moved from IR-1/CR-1 forum as the OP is uncertain whether to pursue a fiancee visa or marry and pursue a CR-1 visa, so the discussion is more appropriate to this forum.