Do I need to wait until Divorce is finalized before filing for K-1?

[Gaiden79 23]

Yes, everyone thank you so much for all the input on this subject. At least it will be valuable for anyone searching it in the future.

As for me I will not be filing any petition without a divorce decree, and will be wary of doing it also before my 6 month wait is up... I will have to look further into that.

I will inquire further into how i can obtain the decree and california and when it's available.

[pacerman 5]

pch1 you OBVIOUSLY did not read my posts, maybe you just glance them,, my posts specifically say OP must have a signed divorce judgement from judge, I can see by the way you refer to uscis rules,, you really don't have any hard data, just opinion.

I can assure you I am correct as I have even researched this again yesterday,, uscis only wants final divorc judgement period, op does not need to wait the 6 month wait period, that's a complete different thing. the moment the judge inks the doc he is legally divorced and free to marry, but he can not obtain a marriage licence for 6 months,, shame on all you making a man in love wait, if he submits a cert judgement of divorce with the petition he will not get an rfe for that. PERIOD.

also most of you are so confused, a k1 is not a marriage, it is only a intent, from both parties, if someones going to reply and bring up things I clearly stated in a previous post saying I said different, shame on you for not reading every post here, all your doing is tossing opinion, and scaring OP, now poor guy thinks he also has to wait waiting period after he gets final decree. I have hard data on this, ive consulted the high up in uscis, attorneys, immigration law books , etc etc. and I did this 2 times! along with other posters on this very thread who firmly also know its perfectly legal,, not fraud as a other poster has said. I literally know dozens who did it this way, and im talking sending petition during esit period, ALL have been approve without a hitch

I actually got a partial copy of my petition back from manila, its the pages that list previous marriages and termination dates, someone had them circled and a ok next to it,, so they DID research that,, not missed it. . so for all you here stating opinion, remember I have hard data,, and isn't that why we are all here,,? to depend on each others strong points? remember there are literally thousands questions here in vj, , that's why we are a group because each one of us has experienced a particular situation and are quite knowlegable on it, I don't know a lot on other jubjects and I ask q about them as I know that 1 person has been thru it,, ill take that persons advise strongly. well on this subject I stand so firm as ive beat this subject to death on many occasions to be correct. amd I know for 100% I am. so im done posting and I just hope everyone appreciates my strong advise to this subject, I don't reply to many, so must be a reason I do now,, thanks everyone here, and all posters, we can agree to disagree, but in the end we are all friends and have a lot in common, that's what makes this site so awesome people,, hats off to us all for taking time to help newbies! jeff

[Anitafeliz 1,133]

OP said he's wary not that he is SCARED. HE has NOT met future Fiancee soooo this back and forth is useless as it may be 6 months by the time he lines all his ducks in a row.....either way.

Edited August 4, 2016 by Anitafeliz

[pch1 64]

pch1 you OBVIOUSLY did not read my posts, maybe you just glance them,, my posts specifically say OP must have a signed divorce judgement from judge, I can see by the way you refer to uscis rules,, you really don't have any hard data, just opinion.

I can assure you I am correct as I have even researched this again yesterday,, uscis only wants final divorc judgement period, op does not need to wait the 6 month wait period, that's a complete different thing. the moment the judge inks the doc he is legally divorced and free to marry, but he can not obtain a marriage licence for 6 months,, shame on all you making a man in love wait, if he submits a cert judgement of divorce with the petition he will not get an rfe for that. PERIOD.

also most of you are so confused, a k1 is not a marriage, it is only a intent, from both parties, if someones going to reply and bring up things I clearly stated in a previous post saying I said different, shame on you for not reading every post here, all your doing is tossing opinion, and scaring OP, now poor guy thinks he also has to wait waiting period after he gets final decree. I have hard data on this, ive consulted the high up in uscis, attorneys, immigration law books , etc etc. and I did this 2 times! along with other posters on this very thread who firmly also know its perfectly legal,, not fraud as a other poster has said. I literally know dozens who did it this way, and im talking sending petition during esit period, ALL have been approve without a hitch

I actually got a partial copy of my petition back from manila, its the pages that list previous marriages and termination dates, someone had them circled and a ok next to it,, so they DID research that,, not missed it. . so for all you here stating opinion, remember I have hard data,, and isn't that why we are all here,,? to depend on each others strong points? remember there are literally thousands questions here in vj, , that's why we are a group because each one of us has experienced a particular situation and are quite knowlegable on it, I don't know a lot on other jubjects and I ask q about them as I know that 1 person has been thru it,, ill take that persons advise strongly. well on this subject I stand so firm as ive beat this subject to death on many occasions to be correct. amd I know for 100% I am. so im done posting and I just hope everyone appreciates my strong advise to this subject, I don't reply to many, so must be a reason I do now,, thanks everyone here, and all posters, we can agree to disagree, but in the end we are all friends and have a lot in common, that's what makes this site so awesome people,, hats off to us all for taking time to help newbies! jeff

Packeman, I have read your post and I know exactly what you said, this is one of them

Posted Yesterday, 06:37 AM

"WRONG everyone, YES you can petition for K1 , A k1 is not marriage ! by the time your k1 is processed, and she comes to you, the six months wait period will be over, how am I sure? because I did it, in fact I sent my petition the day after my final court hearing of the divorce of my ex, which was by the way a previous k1 petition. my fiancé arrive with me in US. shortly before my six month wait period required by my states law, we married 1 week after the 6 month wait period. IT IS LEAGLE, and not 1 problem,, go for it man!"

I also read what the OP said

"Hello, the answer may well be obvious that I cannot file for a K-1 visa until my 6 month waiting period is up for my divorce in the US.

I just need to know for sure if I can or cannot complete any steps in the K-1 petition process until my divorce is completely final?"

I will say it again and again and again until USCIS OMIT the "Free to marry" from the requirements to petition. If the OP clearly asked, if he can or cannot...I am going to say it again, if he has the divorce decree can he file K-1 petition which he means I-129f since K-1 is considered fiance visa. The OP asked if he has to wait the 6 months waiting period before he can complete and submit a petition...My answer according to USCIS is NO and still NO when it clearly state you have to be "Free to Marry" when you file your petition.

So which part I don't understand, when I am following the USCIS guidelines and requirements.

You have no evidence or data coming from USCIS saying you can do that and unless you do provide something coming out from the horse's mouth (USCIS), then all what you are doing is giving people bad and misleading information that might or might not get them RFE.

[trudi 1,317]

Nitpicking over the terminology and processes used in different states is not helping the OP...

He has been clearly advised that at the time of filing the application he has to be legally free to marry - all the back n forth is just semantics, I'm sure the OP is aware of what stage of his divorce he will be legally free to marry and will file at the correct time for his circumstances

Good luck on your journey OP, VJ is a fantastic place to find support & guidance as you go through the fun and games that is immigration:)

[Villanelle 4,122]

Yikes.

Please see BIA decisions below_

Section 214(d)(1) of the Act requires the submission of evidence to establish that the petitioner and

the beneficiary are "legally able ... to conclude a valid marriage in the United States .... " A

marriage will be valid for immigration purposes only where any prior marriage of either party has

been legally terminated and both individuals are free to contract a new marriage. See Matter of

Hann, 18 I&N Dec. 196 (BIA 1982). It was held in Matter of Souza, 14 I&N Dec. 1 (Reg. Comm.

1972) that both the petitioner and beneficiary must be unmarried and free to conclude a valid

marriage at the time the fiancee e) petition is filed.

Not sure where you are getting your info from but its complicated. In the Souza case it was almost as you described:

In the matter at hand, the divorce decree nisi dated September

14, 1971 states that "upon and after the expiration of six months

from the entry of this decree it shall become and be absolute

unless, upon the application of any person interested within such

period, the Court shall otherwise order." Deapite counsel's insistence

that the chances are extremely remote that the decree will be

set aside, the fact remains that the divorce could be challenged

legally within the six-month period and, if set aside, the alien

would not be free to marry. Moreover, the statute contemplates

that the peitioner and beneficiary be free to marry during all, and

not merely part, of the ninety-day period following the alien's

admission to the United States. This position is supported by the

instructions in Form I-129F which states in pertinent part:

1. Eligibility. A petition may be filed only by an unmarried citizen of the

United _States to classify the status of the alien beneficiary as a

nonimmigrant fiancee or fiance who seeks to enter the United States

solely to conclude a valid marriage with the petitioner within ninety

days after entry into the United States. The beneficiary must also be

unmarried and free to validly marry the petitioner. (Emphasis supplied.)

In accordance with the above instructions, both the petitioner

and the beneficiary must be unmarried and free to validly marry

at the time the petition is filed. It is provided in 8 CPR, 103.2 that

the instructions on applications, petitions and other documents on

prescribed forms are incorporated into the particular section of the

regulations requiring their submission. Under the circumstances

the instant beneficiary, whose divorce is not yet final, does not

meet the regulatory requirement for classification as the fiancee

of a United States citizen.

So it is entirely dependent on WHAT THE DIVORCE SAYS... This varies state to state. Please do not give generalizations as policy. It can vary depending on the situation. Wisconsin imposes a 120-day waiting period before your divorce cannot be finalized. So unless the divorce was FINALIZED you are not free to marry. If the paperwork reads this will be final in 120 days or 6 months then you are not free until that date.

[aratamorne 165]

Gaiden,

Was your marriage registered with the Philippines and who submitted for Divorce? I am just curious if you will have any difficulties with submitting a K1 again in the Philippines with their stance on Divorce. I know you are the USC, but even with everything else, one of the interview steps is to get past the Philippine representative from what I have read. Could others voice if he may have some issues?

Just curious and don't want him to get a weird surprise all the way at the end of the process.

Good Luck,

[Gaiden79 23]

Gaiden,

Was your marriage registered with the Philippines and who submitted for Divorce? I am just curious if you will have any difficulties with submitting a K1 again in the Philippines with their stance on Divorce. I know you are the USC, but even with everything else, one of the interview steps is to get past the Philippine representative from what I have read. Could others voice if he may have some issues?

Just curious and don't want him to get a weird surprise all the way at the end of the process.

Good Luck,

I am not sure about the marriage being registered in the Philippines aratamorne, we got married here in the California so I don't think it was. My ex-wife was the one who submitted the divorce actually.. but it was mutual for our reasons for doing so. Yes I imagine if we had done a K-3 petition things would be different as it would be registered in the Philippines for sure then.

Is that what you are asking? Thanks.

[pacerman 5]

some of you are really ridiculous,, you don't want to help, only argue with the ones who ACTUALLY EXPERIENCED THIS ISSUE, im done with this issue,, to many wanna be experts,, typical internet,, people want conflict, not to help, good day and good bye

[Villanelle 4,122]

some of you are really ridiculous,, you don't want to help, only argue with the ones who ACTUALLY EXPERIENCED THIS ISSUE, im done with this issue,, to many wanna be experts,, typical internet,, people want conflict, not to help, good day and good bye

Thats a really poor attitude to have...

I posted BIA decisions that yeah contradict what you stated. I found these links in less then 2 minutes. You say you spent a significant amount of time researching this. So I am very interested in seeing links or policies that support your statements. If I am wrong I accept it. But I need to see the policy and precedents you found in your research to switch positions. Simply saying I did it so I know isnt enough.As Tbone stated perhaps you did it and got away with it. Im sorry but I can not endorse your advice unless you have something to back it up.

[pch1 64]

Damara,

yes he did and got away with it and maybe few others. Still, no matter how many times he is coming back to respond to this thread, he is misleading people and giving people bad information that worked for him, somehow. If people want to listen to him, let them do so and that is perfectly fine. But I know what "Free to marry" means when USCIS states it under "legibility" to petition. I don't need a lawyer or someone you know what to come out in public and tell us that we are all wrong because we are not listening.

I only listen to what USCIS is saying and that was very clear.

I really wish an Admin or Moderator can have a saying on this and stop this misleading information. We are suppose to follow the rules set out by USCIS and its seems to me this person is giving out information that might or might not get people RFE.

[Villanelle 4,122]

Pch the TOS do not state anything about a 'quality standard' in postings except for language/insults etc. Anyone can post anything they wish generally- whether they know its wrong or know its right or simply arent sure. But lets keep this thread on topic...

Im not an expert on the PIs but I believe there is no issue when it comes to a former PI now USC using the K visa for another PI. I recall a thread asking if they needed 2 cenomars and it was advised NO because they are only interested in the PI side. However that user was going to bring them both for overkill.

As for the original question:

You need to meet in person.

You need to have a final decree. Depending on your states wording about the 6 months your decree may or may not be final until that date.

You can start gathering the forms and filling them out. It can take a while to complete them and gather copies depending on how organized you are.

Is your former wife a USC? This will impact your aff of support.

[pch1 64]

Pch the TOS do not state anything about a 'quality standard' in postings except for language/insults etc. Anyone can post anything they wish generally- whether they know its wrong or know its right or simply arent sure. But lets keep this thread on topic...

Im not an expert on the PIs but I believe there is no issue when it comes to a former PI now USC using the K visa for another PI. I recall a thread asking if they needed 2 cenomars and it was advised NO because they are only interested in the PI side. However that user was going to bring them both for overkill.

As for the original question:

You need to meet in person.

You need to have a final decree. Depending on your states wording about the 6 months your decree may or may not be final until that date.

You can start gathering the forms and filling them out. It can take a while to complete them and gather copies depending on how organized you are.

Is your former wife a USC? This will impact your aff of support.

You are right with the "TOS" no one was in violation.

At least, I hope the OP got his answer to his question and hope things work out for them...End of topic for me!

[pacerman 5]

PCH, you need to stop, you are continuing to say clearly that I do not know what im talking about, that im clearly 100 percent wrong and you are 100 percent right.. really you are are you sure? if you read ALL my posts it is clear, I even posted we can agree to disagree and hats off to us all,, yet after that you trash me and ask moderator to stop this! WHAT really, your that good and know this all? so you now an expert immigration nlawyer? shame on you!

did you tell the others that posted exactly as I did there wrong too and shouldn't post? you need a self check sir. also telling everyone I and others got away with it,, you know this to be fact? I doubt it you too are really not completely sure,

I was very polite giving us all credit after my last post,, you should be ashamed yourself, by the we we who did it did not get away with it,, it works because its legal,, good day to you

[Ontarkie 14,548]

~~The OP has stated he will wait and he has yet to meet in person. As such the questioned asked has been answered and this thread can now be locked.~~