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

[Dimeji & Shannon 6]

5 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. 

Omg..good luck to you. Please do let me know what happens.

[Jeanne Adil 1,651]

Since Nigeria is a high fraud country same as the one we had to deal with, people are advising you to marry and file CR1

most K1s in nigeria are denied

and one of the things they will ask arview is "Did you know the person was still married when you started talking:? 

next question  " Why were you talking to someone still married?

so, give this some time, divorce, go and marry and do things proper

not trying to judge but i know what happened to a friend and his spouse was separated almost 6 years when they started talking

took 3 applicaitons to get spouse here 

Best of luck to you 

prepare yourself for this with a lot of facetime, proof of solid relationship and patience

[Kosi Wahala 153]

Also, how much time have you spent together, in person? How did you and your fiancé meet? Do you know each other's families? If you decide to pursue the fiance visa route, it's best that you have spent a lot of real time together - how that happened, while being married is none of my business, but I suppose it could be asked. 

[Dimeji & Shannon 6]

3 hours ago, LabOz said:

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.

Thank you for replying. I have had some positive feedback regarding not having to wait long after my divorce, especially since my soon to be ex and I were separated for so long. I appreciate your feedback.

[David & Diana R 1,005]

NO

[Athens 101]

41 minutes ago, Dimeji & Shannon said:

Thank you for replying. I have had some positive feedback regarding not having to wait long after my divorce, especially since my soon to be ex and I were separated for so long. I appreciate your feedback.

Your divorce decree stands as prove of when ur divorce was final. U can file Immediately,  but bear in mind that the CO doesn't know when u separated with ur ex. Ur fiance, when asked during his interviewed will answer such questions. It is left for the CO to decide.  We all had different experiences but sometimes,  it depends on where you are interviewed.  US embassy in Nigeria is a difficult one.

Whether u file immediately or had to wait for some months, try to gather as much evidence of relationship as you can,  so the question may not be raised and visa delayed on AP for long.  

Good luck.

[Athens 101]

you can read this old post I found on OvieDare timeline, do the same by adding a divorce decree timeline if it works for them. Be strong and prayerful.  

 

 

[Athens 101]

Sorry it's a divorce timeline from one vj member to OvieDare.  

[Dimeji & Shannon 6]

10 hours ago, Athens said:

you can read this old post I found on OvieDare timeline, do the same by adding a divorce decree timeline if it works for them. Be strong and prayerful.  

 

 

Thank you so much for sharing!

[TheSkywalkers 143]

DON'T. JUST DON'T. 

Not until the decision is final and you have the divorce decree.

The consul will surely question you on why you have entered into a new relationship while your marriage is ongoing. That would raise some eyebrows.

Do not do something that would complicate your situation. You already have a consulate that has a high % of fraudulent cases.

 

Best of luck!

 

 

[dwheels76 5,469]

11 hours ago, Athens said:

Sorry it's a divorce timeline from one vj member to OvieDare.  

LOL when I was reading through this thread and saw "Divorce Timeline" I knew it must be something I posted. Yep that was my true life story.

 

K1's have good success rate in Nigeria. Nigeria isn't as hard and strict like before. Long as you had a visits and stayed I hope at least 21 days or more you should be fine. 

 

However after being recently divorced Marriage will show stronger commitment and you are truly letting go of the ex.

[eastcoastgroove 329]

My visa was recently approved (but through an "easy" embassy - Canada) and my divorce was only finalised on Jan. 20th, 2017 and we filed our petition 3 weeks later.  On my divorce certificate when we filed, I attached a sticky note with an explanation that I had been separated since July 2015 and that in Canada you have to wait a year from separation to file (easiest way) and then it took from August- Jan to actually go through the system.  

 

The divorce was brought up in the interview, but because it was so conversational, I might have been the one that brought it up (that we had to wait until it was finalised to file) and I just explained again what I had written on the sticky.  

[shalyn 48]

No, not at all. you need to provide evidence in the petition packet providing you where divorced if previously married.   

[RO_AH 1,662]

My divorce will be final in about 2 weeks and I will have my decree. I will be getting married less than a month later. I don't see dates as an issue, legal capacity is what matters.

I would recommend waiting for your decree, then getting married in your future spouses country. A spouse visa has many advantages over a fiance visa. Look at both options and decide what is best for you then move forward. But as others have said, in order file either K-1, or to marry and get a CR-1 you will need your divorce decree first.

[David & Diana R 1,005]

1 hour ago, RO_AH said:

My divorce will be final in about 2 weeks and I will have my decree. I will be getting married less than a month later. I don't see dates as an issue, legal capacity is what matters.

I would recommend waiting for your decree, then getting married in your future spouses country. A spouse visa has many advantages over a fiance visa. Look at both options and decide what is best for you then move forward. But as others have said, in order file either K-1, or to marry and get a CR-1 you will need your divorce decree first.

Great advice!  Just one more suggestion.  If you decide on a CR-1 and you will marry make sure you bring an ORIGINAL STAMPED/SEALED/CERTIFIED copy of the divorce decree along with several copies. It's amazing how many people want copies of these documents.  Good luck and God Bless,  david