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Filed: K-1 Visa Country: Canada
Timeline
Posted

Here’s the situation: 

I am Canadian and I got married in Africa about 6 years ago. I submitted forms to sponsor my husband to Canada but he was denied. They concluded that it appeared to be for immigration purposes, which wasn’t the case at all. The distance took a toll on our relationship and things weren’t working out anyways so I decided to not appeal the decision. I moved on and a year later met my now fiancé who lives in the US. Silly me didn’t even think to get a divorce from my partner in Africa because I wasn’t aware that I was considered legally married in Canada even though I got married overseas and never registered the marriage in Canada (silly I know but I was very young and naive at the time).

 

This brings me to my question. My divorce will be finalized in 4-6 weeks. My fiancé and I want to submit our k1 visa application ASAP. Should we be concerned that the date of submission and the date of my divorce will be so close to each other (literally days apart). I’m also concerned that in the interview with an immigration officer the topic of me being technically married but seeing my now fiancé for the last 4 years will be mentioned.

 

My then husband never came to canada and I haven’t seen him in 6+ years. 

 

Any advice is much appreciated.

Filed: Citizen (apr) Country: Argentina
Timeline
Posted

You need to submit your application AFTER your divorce is finalized. You don't want to get application sent back to you or denied just because you sent the papers while you were still (technically) married to other guy. You will need the divorce decree.

Posted

You can only file for the K1 after your divorce is final and you have the supporting evidence (divorce decree) in your hands to send in.

If asked in the interview simply tell the truth that you and your ex husband were separated. when you started seeing your now fiance.

 

Quote

Silly me didn’t even think to get a divorce from my partner in Africa because I wasn’t aware that I was considered legally married in Canada even though I got married overseas and never registered the marriage in Canada (silly I know but I was very young and naive at the time).

You'd be surprised on how often we see this thought on VJ. Yes, it is extremely naive but it is also not that uncommon.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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