Divorce and K1 application

[Yaneury & Allie 1]

Hello!

not sure if this is the right forum to ask so please redirect if not

 

We were all set on filing k1 once my divorce is final but I heard that we should wait 6 months after divorce finalization before applying or do CR1 instead

 

quick background: I am the us citizen I was married 10 years. Met my now fiancé a few years back while separated. I stayed married due to some financial issues and kids etc plus wasn’t sure I ever wanted to remarry so no rush. But things changed and of course now I want to marry and so ex and I began the divorce process last year. Should be final in a few months and I’d like to apply ASAP for my fiancé.

 

Any suggestions or recs? Is the CR1 a better option in our case? Anyone been through similar things?

 

Thanks as always!

 

 

[powerpuff 6,747]

The 6 month waiting period is dependent on your state, some require it and some don’t. You need to find out what the laws regarding that are in your state. I’m not sure who told you that the 6 month waiting period after divorce only applies to K-1 and not CR-1. You have to be legally free to marry for both. 

[Yaneury & Allie 1]

4 hours ago, powerpuff said:

The 6 month waiting period is dependent on your state, some require it and some don’t. You need to find out what the laws regarding that are in your state. I’m not sure who told you that the 6 month waiting period after divorce only applies to K-1 and not CR-1. You have to be legally free to marry for both. 

Thank you. Then I mis understand. California does require 6 month separation legally before a divorce is granted. Which we did. 
I thought it was a requirement from USCIS or something and that my case would look suspicious since I was with my fiancé while legally married 

[payxibka 10,047]

35 minutes ago, Fulana517 said:

Thank you. Then I mis understand. California does require 6 month separation legally before a divorce is granted. Which we did. 
I thought it was a requirement from USCIS or something and that my case would look suspicious since I was with my fiancé while legally married 

Where did you read the about this requirement ?

 

If California doesn't have a post divorce waiting period to remarry,  then your good.

[Yaneury & Allie 1]

1 hour ago, payxibka said:

Where did you read the about this requirement ?

 

If California doesn't have a post divorce waiting period to remarry,  then your good.

Hello

I read this on a WhatsApp group k1/cr1 from here

Thanks for the clarification 

[Cyberfx1024 7,980]

2 hours ago, Fulana517 said:

Hello

I read this on a WhatsApp group k1/cr1 from here

Thanks for the clarification 

No, there is no official waiting period at all

[Mike E 11,742]

You can file I-130 or I-127F the day after your final divorce decree is issued.   Just make sure you file after issued and not after you’ve signed documents to send to court and before the judge has signed.  (Process might vary by state; I am using my experience from Colorado).  
 

If USCIS believes the divorce was not final before the either I- petition was filed, you will be denied.  
 

At the AoS interview and presumably the CR1 interview you will have to produce an original divorce decree. 

Edited May 12, 2021 by Mike E

[Yaneury & Allie 1]

Thank you all so much 

[Ontarkie 14,413]

Check to see if California has a cooling off period. If not then file away.