To send the petition without a necessary paper

[Sekhvaruli 74]

I am anxious to send a K-1 visa petition for my fiance. But I am still waiting for my final decree of divorce. Though the rest of the documents are already prepared,

I am just waiting for that silly paper to arrive.

What if I send the petition and simply wait for RFE? And then send them the copy of divorce decree, when it arrives?

I believe, it will buy us some time... Every extra day is a burden, staying apart from your sweetheart

Edited March 1, 2014 by Sekhvaruli

[LibCampFireClub 635]

Be patient and wait for the ink to dry on your final divorce decree. You cannot submit a petition for alien fiance when you're still married.

[Ketsuban 1,034]

My understanding is that you need to be legally free to marry upon sending in your petition. I assume a divorce decree has a date printed on it, so if they see that this date is after your filing date, they will deny your K-1.

[aaron2020 11,651]

Wait.

An RFE could delay your case longer than waiting to send a complete petition.

Follow the rules, you'll get a better result.

[LibCampFireClub 635]

Wait.

An RFE could delay your case longer than waiting to send a complete petition.

Follow the rules, you'll get a better result.

The OP would NOT receive an RFE if he files before his divorce is final. He would receive a flat denial because he's NOT free to marry.

[Avery Cates 1,141]

I am anxious to send a K-1 visa petition for my fiance. But I am still waiting for my final decree of divorce. Though the rest of the documents are already prepared,

I am just waiting for that silly paper to arrive.

What if I send the petition and simply wait for RFE? And then send them the copy of divorce decree, when it arrives?

I believe, it will buy us some time... Every extra day is a burden, staying apart from your sweetheart

You have to be 100% free to marry before sending in the petition.

You're free to send in the petition whenever you want, but you'll get a flat rejection and denial.

[NigeriaorBust 4,087]

If you report you prior marriage and do not show it is terminated it may just be outright rejected and you lose time and money. A few weeks is nothing over your lifetime ( although it doesn't seem that way at this moment )

[SparklePony 238]

You have to be legally free to marry at the time of filing. Filing now, while you're still waiting for your divorce decree to come in will get you a denial and time and money wasted. Waiting now will be better for you in the long run.

[KayDeeCee 4,893]

You need to wait for the divorce decree. Make sure your state has no waiting period for remarriage after a divorce. If there is a waiting period in your state, you need to wait that out as well before sending in your I-129F petition.

[Sambl 11]

Sorry, but u can't do this

[Cathi 5,748]

are you really willing to waste all of that money and time just to get denied? Are you really that impatient? You will be flat out denied if your divorce is not final when you file. As it is you ill be under extra scrutiny because you are filing a k1 so close to your divorce being final. Don't screw it up because you are in a hurry

[Married4Life13 38]

Is he still married? I read this as he is just waiting for the paper to arrive in the mail. Either way, I would wait until the packet is complete before sending it off as well.

[slowlyman 118]

You're just starting a long process. Patience is your friend. Additionally, be prepared for the Consulate to ask if you were still married at the time you met your new fiance.

[Nikki and Papi 4]

You're just starting a long process. Patience is your friend. Additionally, be prepared for the Consulate to ask if you were still married at the time you met your new fiance.

How is that any of their business? I'm just saying!

[slowlyman 118]

I've heard of it coming up at interviews. The Consulate is trying to establish the legitamacy of the relationship. Most likely, they will ask the beneficiary if they were aware the petitioner was married at the time they met.