Forms pre-dating Final Divorce date

[Allison/Robert 43]

Hi, everyone!

I can't submit the K1 Visa petition package until my divorce is final. I only have a rough idea of when it will be final (mid- to late- June), and I will not know an exact date until the day the court officially signs the decree.

I obviously want to have all K1 Visa petition paperwork ready to go the day I receive the final Divorce Decree, but this means that I will need to have the signed and dated forms from my fiance, a UK citizen, prior to that day as well.

So here's my question: if I don't know the exact date that will appear on the divorce decree, but I want to have all forms signed, dated, and ready to go when the divorce decree arrives, is it ok for the forms to pre-date the divorce date? Or do those forms need to reflect a day beyond the divorce decree date?

The only issue with choosing a date beyond the time frame of when the divorce should be final is that I'd then have to wait so that the forms aren't from the future. *insert Twilight Zone music here*

Has anyone else had this, or a similar, date dilemma?

Thanks in advance! This site is awesome!

Edited May 10, 2016 by Allison/Robert

[A'n'L 735]

Welcome!

A crazy idea; have your fiancé send you multiple copies, with different dates spanning the range you think the divorce will be finalized.

[Allison/Robert 43]

Welcome!

A crazy idea; have your fiancé send you multiple copies, with different dates spanning the range you think the divorce will be finalized.

Ha! That's actually... not a bad idea at all!

Thank you for the suggestion. I am still curious if anyone else has had date dilemmas, etc. I mean, on one hand, we know we are getting married, just waiting for my divorce to be final so we can start the process. Surely having those documents filled out ahead of that divorce date would only prove how eager we are rather than it nullifying any of the documents pre-dating the divorce.

Hmmm...

I would think that the only document that would need to be the same date as the divorce decree, or at least the date after the divorce decree, would be the G-324a that I fill out and check the box that I am divorced. If THAT document pre-dates the divorce date, then obviously that would be falsified information, or could be taken as such. But the documents from him... surely they would be ok.

Thanks again!

[Nich-Nick 3,354]

I can't think of a reason why the dates of the beneficiary's documents matter.

For you the petitioner, it's more than the G-325A. The petition (I-129F) also indicates marital status which must be "divorced" for you to be eligible. Also your letter of intent would say "free to marry" which would not be true prior to divorce. Not sure that a petitioner letter of intent is necessary now that the I-129 incorporates the wording of intent into the form certification prior to the signature

"I certify that I am legally able to and intend to marry my alien fiancé(e) within 90 days of his or her arrival in the United States."

[Allison/Robert 43]

I can't think of a reason why the dates of the beneficiary's documents matter.

For you the petitioner, it's more than the G-325A. The petition (I-129F) also indicates marital status which must be "divorced" for you to be eligible. Also your letter of intent would say "free to marry" which would not be true prior to divorce. Not sure that a petitioner letter of intent is necessary now that the I-129 incorporates the wording of intent into the form certification prior to the signature

"I certify that I am legally able to and intend to marry my alien fiancé(e) within 90 days of his or her arrival in the United States."

Yes, exactly... the more I have thought about it, the more it seems like my forms/documents need to reflect dates after the divorce and his do not.

I am still interested in hearing from others if they have had issues with date discrepancies, but I do think you're correct.

And yes, I noticed that the wording of the letter of intent is included in the I-129F, but I will still include my letter of intent. There's definitely no harm in being over-prepared.

Thank you for your feedback!

[baron555 934]

You can only file after you are free to marry. The date on the forms doesn't matter.

[Nich-Nick 3,354]

So thinking further. When he writes he is free to marry and intends to marry Allison.....is he stating that on the date of signing, he can marry an already married woman?

It doesn't take but 4-5 days to get mail from the UK. In the grand picture of immigration, FIVE DAYS is nothing. Why do you want to push the envelope? If you are fretting over a few days like this is a race, you are going to be an emotional wreck when you realize people are not approved in order, or pass through NVC in order, or get their interviews timely or in order of when they started.

[Allison/Robert 43]

So thinking further. When he writes he is free to marry and intends to marry Allison.....is he stating that on the date of signing, he can marry an already married woman?

It doesn't take but 4-5 days to get mail from the UK. In the grand picture of immigration, FIVE DAYS is nothing. Why do you want to push the envelope? If you are fretting over a few days like this is a race, you are going to be an emotional wreck when you realize people are not approved in order, or pass through NVC in order, or get their interviews timely or in order of when they started.

Yes, that is also a good point. Plus I will find out the date of the divorce prior to receiving the certified copy of the divorce decree, so probably by the time he signs, dates, and sends the forms/documents to me, I will have everything in order. He may still have the documents to me before the decree arrives! Ha! Not sure why I didn't think of that before.

And I have already figured out, after much research on this website, that, though they try to, they do not process the petitions in order of receipt due to ... humans. And that of course makes complete sense. So yes, I know there are very few phases of this process where we can control the timing, and that's all I'm hoping to do: be as efficient as possible in the things we can control and leave the rest up to the mercy of the system as we have no other choice.

Thank you!