Apply K1 visa , but not divorce previous marriage

[John1992 1]

I applied CR-1 visa for my previous wife lives in China, I got approved last year March, she got her visa however, she decided not to come here at all and we didn’t see each other anymore until today. I have no contact or anything, I don’t know how to get divorce in China. But my girlfriend and I want to get a k1 visa, how does it work, can I apply K1 visa for her or I need the divorce first ? 

[ThomasNC1988 762]

You will 100 percent have to be divorced and prove you are divorced. You can most likely get divorced in the state that you live.

[John1992 1]

Right but I can’t find My ex- wife at all. I try to find now 7 month already. I’m so struggled 

[aaron2020 11,651]

It's an absolute requirement that you are free to marry when you file the K-1.  Since you are married, the I-129f will be denied.  

 

Get a lawyer and figure out the divorce.  You can't move forward until you deal with this.  

[USS_Voyager 1,972]

3 minutes ago, John1992 said:

Right but I can’t find My ex- wife at all. I try to find now 7 month already. I’m so struggled 

You do not need your ex to file for divorce. You can file on your own. Assume the two of you have no common asset and no common children, it can be done very easily. Contact a divorce lawyer if you need legal help. 

 

But your previous (or I guess more accurately, current) marriage must be dissolved before you can file K1

Edited November 21, 2019 by USS_Voyager

[John1992 1]

Yes, we have nothing at all. No kids or assets. Great thanks for advise 

[Ontarkie 14,433]

The courts should be able to tell you how to serve her in absentia. 

[John1992 1]

Thank you go advise. My biggest concern is that my previous petition will affect to my K1 visa. 

[aaron2020 11,651]

If you are not in contact with your wife, how do you know that she didn't use the CR-1 visa to enter the US without your knowledge?

[Diane and Chris 651]

14 hours ago, John1992 said:

I applied CR-1 visa for my previous wife lives in China, I got approved last year March, she got her visa however, she decided not to come here at all and we didn’t see each other anymore until today. I have no contact or anything, I don’t know how to get divorce in China. But my girlfriend and I want to get a k1 visa, how does it work, can I apply K1 visa for her or I need the divorce first ? 

You say you didn’t see her anymore until today. Where did you see her?  Why didn’t you ask her about the divorce then?  

[Daisy.Chain 317]

43 minutes ago, Diane and Chris said:

You say you didn’t see her anymore until today. Where did you see her?  Why didn’t you ask her about the divorce then?  

I think OP is speaking English as his second language. He probably meant "now" instead of "today", like "As of now, he hasn't seen her since the K1 scenario."

[Diane and Chris 651]

14 minutes ago, Daisy.Chain said:

I think OP is speaking English as his second language. He probably meant "now" instead of "today", like "As of now, he hasn't seen her since the K1 scenario."

 

14 minutes ago, Daisy.Chain said:

I think OP is speaking English as his second language. He probably meant "now" instead of "today", like "As of now, he hasn't seen her since the K1 scenario."

Now I get it. Thanks. 

[Duke & Marie 1,389]

17 hours ago, John1992 said:

Right but I can’t find My ex- wife at all. I try to find now 7 month already. I’m so struggled 

Surely if you managed to get i130 approved you have some idea about her or at least her families location/address? It’s not easy to vanish these days..... review the evidence you submitted to prove boni fied marriage 

[flfreddy 93]

18 hours ago, John1992 said:

I applied CR-1 visa for my previous wife lives in China, I got approved last year March, she got her visa however, she decided not to come here at all and we didn’t see each other anymore until today. I have no contact or anything, I don’t know how to get divorce in China. But my girlfriend and I want to get a k1 visa, how does it work, can I apply K1 visa for her or I need the divorce first ? 

Get a 1 party divorce in absentia.  Requires publication for 3-6 months or something and then judge will stamp a decree.   An attorney will know the details.  After that then you are free to apply K-1 or re marry

 

Whether your ex wife is in usa or not is irrelevant.  The visa was issued, things happen, so long as you did not "sell" the visa, you are ok.   You need convince CO it was a bonafide relationship.

[Nitas_man 3,100]

20 hours ago, John1992 said:

I applied CR-1 visa for my previous wife lives in China, I got approved last year March, she got her visa however, she decided not to come here at all and we didn’t see each other anymore until today. I have no contact or anything, I don’t know how to get divorce in China. But my girlfriend and I want to get a k1 visa, how does it work, can I apply K1 visa for her or I need the divorce first ? 

Are you positive she never came over or activated that visa?