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

[Dimeji & Shannon 6]

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.

Thank you so much 

[Dimeji & Shannon 6]

10 minutes ago, David & Zoila said:

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

Thank you. I wouldn't have thought to do that.

[Jeanne Adil 1,651]

On 8/10/2017 at 10:53 PM, Athens said:

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.

Tthis is true / no one knows when u separated but you will have to provide divorce papers and what will be noted is date of divorce

this will be looked at when packet goes to embassy for review

[NigeriaorBust 4,087]

   If you live in a state where there is a period after the divorce is final that you have to wait to remarry , make sure you clear that also.  California used to have one ( 2 weeks if I remember correctly ) . A couple of VJ people have been tripped up on that detail.