K1 VISA

[EMMYA 0]

MY GIRLFRIEND AND HER HUSBAND SHE GOT MARRIED TOO HAVE STOPPED LIVING TOGETHER SINCE 2006. SINCE THEN SHE NEVER GOT TO CHECK HER STATUS IF SHE'S STILL MARRIED WITH THE MAN OR NOT AFTER THE MAN TOLD HER IN 2006  THAT THEY BOTH ARE DIVORCE NOT UNTIL NEXT MONTH SHE CONFIRM THEY'RE STILL MARRIED BY LAW. WHAT I WANT TO KNOW IF SHE CAN STILL FILE FOR MY OWN K1-VISA PENDING THE TIME SHE GOT HER DIVORCE ISSUE SOLVED? HAVE NEVER MARRIED BEFORE IN MY LIFE.

[EandH0904 1,184]

No. She has to be legally divorced. 

[EMMYA 0]

Thanks for the information

[geowrian 22,338]

Both the petitioner and beneficiary must be free to marry from the time of filing all the way through entry into the US on the K-1 visa.

[Ontarkie 14,571]

Also if there is a waiting period where she gets divorced she must wait for that to be over too. 

[TNJ17 1,329]

Come on, is she seriously that naive to think that just because he told her they were divorced that it was it?!  Also, you can’t seriously think that you can marry someone who’s already married. I can’t believe this needs to be said but she needs to file for divorce, her divorce needs to go through and be finalized and be the type of divorce that cannot be revoked, then you can file for K1. Nothing can be done until both parties are 100% free to marry. 

[Boiler 46,321]

18 hours ago, TNJ17 said:

Come on, is she seriously that naive to think that just because he told her they were divorced that it was it?!  Also, you can’t seriously think that you can marry someone who’s already married. I can’t believe this needs to be said but she needs to file for divorce, her divorce needs to go through and be finalized and be the type of divorce that cannot be revoked, then you can file for K1. Nothing can be done until both parties are 100% free to marry. 

It is a common question.