Can I file a K-1 visa before my divorce is final?

[Dimeji & Shannon 6]

I waited a long time to file my divorce, but finally got it filed after obtaining my third paralegal. It's not going to be final until January 5, but want to start the K-1 process before that. Can i apply and/or my fiancé get accepted before my divorce is final? Dimeji and I have been in a relationship for over a year and want to start a new chapter in our relationship. I know that I should have filed for my divorce way before now, but I definitely was not having any luck in the paralegal dept

[TL2016 208]

No, not possible. When you file all the papers, you must include a note with signatures verifying that you are both free to marry. But you can't do that because that wouldn't be true.

You'll have to wait until the divorce is finalized. Don't forget to hang onto all the final divorce papers because you will need those as well.

Edited August 10, 2017 by TL2016

[Dimeji & Shannon 6]

Thank you for that information 

[Coco8 1,042]

You cannot. 

 

Take into account that Nigeria is a very hard consulate. Search for information on VJ. It might be better to marry (once the divorce is final) and submit a spousal visa. 

[Dimeji & Shannon 6]

4 minutes ago, Coco8 said:

You cannot. 

 

Take into account that Nigeria is a very hard consulate. Search for information on VJ. It might be better to marry (once the divorce is final) and submit a spousal visa. 

I'm actually new to using this site. Where do I search for that information?

[Coco8 1,042]

Just now, Dimeji & Shannon said:

I'm actually new to using this site. Where do I search for that information?

Use the search engine and use key words like Nigeria fiance, or Nigeria spouse.

 

There is also a sub-forum for Sub-Saharan Africa:

 

http://www.visajourney.com/forums/forum/89-africa-sub-saharan/

 

You can post a thread there asking people for advice on whether to marry or do a fiance visa. 

 

You should also start planning the evidence you are going to submit about your relationship. You will need a lot.

 

People on the site are very helpful so take advantage of that. And read about other experiences to learn from what they did right but also from there mistakes.

[Athens 101]

Do not rush to file for k1 immediately divorce is finalised.  Wait for some months or even a year before filing.  

[Dimeji & Shannon 6]

6 minutes ago, Coco8 said:

Use the search engine and use key words like Nigeria fiance, or Nigeria spouse.

 

There is also a sub-forum for Sub-Saharan Africa:

 

http://www.visajourney.com/forums/forum/89-africa-sub-saharan/

 

You can post a thread there asking people for advice on whether to marry or do a fiance visa. 

 

You should also start planning the evidence you are going to submit about your relationship. You will need a lot.

 

People on the site are very helpful so take advantage of that. And read about other experiences to learn from what they did right but also from there mistakes.

Thank you so much

4 minutes ago, Athens said:

Do not rush to file for k1 immediately divorce is finalised.  Wait for some months or even a year before filing.  

Why is that necessary?

[dnjayjay 4]

I agree with Athens but its a matter of choice. You can not start the process before divorce is final but you can start as soon as you are divorced  or allow little more time, if possible, embark on one more trip before or immeidately after filing the k1 petition. It depends on the circumstance in which you met your fiance and if you are able to provide good evidence of relationship. The CO may want to know why you divorced and file for ki immediately, yes its your choice but dont forget nigeria is not an easy consulate. I wish you best of luck. 

[LabOz 915]

1 hour ago, Dimeji & Shannon said:

Thank you so much

Why is that necessary?

You could submit an I-129F now however the petition will be denied. You do not have to wait months or years after it is finalized.

You can submit the petition even 1 day after it has been recorded. There is no time period that needs to pass once the divorce is finalized.

[dnjayjay 4]

6 minutes ago, LabOz said:

You could submit an I-129F now however the petition will be denied. You do not have to wait months or years after it is finalized.

You can submit the petition even 1 day after it has been recorded. There is no time period that needs to pass once the divorce is finalized.

They can submit now, yes but that is not the best advice she can adhere to. People ask questions on here in order to be guided on how best to follow up not to follow recommendations that could destroy everything they had planned or worked hard for.

[GDV 3]

I was separated for about a year before filing my divorce and in my state of CA is takes 6 months to finalize. So with the suggestion of another VJ member I included a timeline leading up to my divorce with my petition. I filed my petition the day after my divorce was final. My fiancée interview is this coming Tuesday 08/15 in Lagos, Nigeria so we will see very soon if it is an issue with a recent divorce. I'll post if it is. 

[Estibaliz 3,037]

Apart from the letters of intent to marry, you need to include the final divorce decree in the package so, yep... You have to wait.

 

We had to wait a year once we decided to pursue the K1, until the divorce was final. The thing had been running for almost another year before that, so that was our first endurance run. Getting the visa, and the NOA2 to start with, is the race we are running now. Kind of used to it by now, but still not liking it

BTW, we filed around a month and a half after the divorce was final.

 

Hope things move faster for you with this first waiting. Good luck!

 

[LabOz 915]

2 minutes ago, OvieDare said:

I was separated for about a year before filing my divorce and in my state of CA is takes 6 months to finalize. So with the suggestion of another VJ member I included a timeline leading up to my divorce with my petition. I filed my petition the day after my divorce was final. My fiancée interview is this coming Tuesday 08/15 in Lagos, Nigeria so we will see very soon if it is an issue with a recent divorce. I'll post if it is. 

It should not be an issue than as you met the requirement and waited to file AFTER the divorce. 

[LabOz 915]

8 minutes ago, dnjayjay said:

They can submit now, yes but that is not the best advice she can adhere to. People ask questions on here in order to be guided on how best to follow up not to follow recommendations that could destroy everything they had planned or worked hard for.

I wasn't advising them to file now. I was telling them the consequences of doing so. The 2nd issue is that they don't have to wait months or year after divorce to file the petition as another poster had suggested.