K-1 Visa while Divorce is in Process

[Mohsin786 23]

Hello Everyone,

 

I have a very complicated question and hope someone answer it. If I get engaged before my divorce is finalized and once my divorce is finalized, Can I file for K-1 visa rather than getting married and file for CR1?

 

I just want to know if it is legally okay to get engaged with someone while you are legally separated and divorce is in process. 

[SalishSea 17,801]

11 minutes ago, Mohsin786 said:

Hello Everyone,

 

I have a very complicated question and hope someone answer it. If I get engaged before my divorce is finalized and once my divorce is finalized, Can I file for K-1 visa rather than getting married and file for CR1?

 

I just want to know if it is legally okay to get engaged with someone while you are legally separated and divorce is in process. 

"Engaged" is not a legal status, but depending on the consulate involved, it could attract scrutiny.

 

You will not be able to file the petition until you have evidence of being free to marry (i.e. final decree of dissolution), for both petitioner and beneficiary.

[Pinkrlion 2,715]

You are not free and clear to marry,so engagement is not a priority that you should focus on. 

[Ontarkie 14,214]

I was engaged before my divorce was final. It was not an issue, but as SalishSea mentioned that will all depend on the consulate involved. 

[Mohsin786 23]

5 hours ago, SalishSea said:

"Engaged" is not a legal status, but depending on the consulate involved, it could attract scrutiny.

 

You will not be able to file the petition until you have evidence of being free to marry (i.e. final decree of dissolution), for both petitioner and beneficiary.

I will file K-1 after my divorce is finalized but the K-1 requirement is you need to know someone for atleast two years. What if i get engagement two months before my divorce is finalized and after my divorce i file for K-1, do you think this will raise questions?

[wildbug100420 100]

11 minutes ago, Mohsin786 said:

I will file K-1 after my divorce is finalized but the K-1 requirement is you need to know someone for atleast two years. What if i get engagement two months before my divorce is finalized and after my divorce i file for K-1, do you think this will raise questions?

You don't need to know the person for 2 years, you must have met in person within the last 2 years before filing. As others have mentioned, both parties must be free to marry at the time the petition is filed with uscis 

[SalishSea 17,801]

3 hours ago, Mohsin786 said:

I will file K-1 after my divorce is finalized but the K-1 requirement is you need to know someone for atleast two years. What if i get engagement two months before my divorce is finalized and after my divorce i file for K-1, do you think this will raise questions?

Please read up on the requirements of the K-1 visa.

[KMG 125]

14 hours ago, Mohsin786 said:

Hello Everyone,

 

I have a very complicated question and hope someone answer it. If I get engaged before my divorce is finalized and once my divorce is finalized, Can I file for K-1 visa rather than getting married and file for CR1?

 

I just want to know if it is legally okay to get engaged with someone while you are legally separated and divorce is in process. 

Your timeline says you were married in 2012. Have you already filed an I130 for immigration in the past? Is that the same person you are divorcing now?  That  is  what is going to raise questions.

Edited July 10 by KMG

[TexasRafael 134]

11 hours ago, Mohsin786 said:

I will file K-1 after my divorce is finalized but the K-1 requirement is you need to know someone for atleast two years. What if i get engagement two months before my divorce is finalized and after my divorce i file for K-1, do you think this will raise questions?

I do not believe that the K1 says that you need to know someone for 2 years, I filed my k1 application after knowing my spouse for 10 months and meeting in person  once and it was approved.  For my own piece of mind however, my divorce was final in July 2017 and did not get engaged until November 2017.  To be honest, in my case, I honestly did not feel the Embassy paid much attention to the engagement data we supplied.  In any case my application was approved.

[ScarletWitch6x 62]

You just have to have met in person within the last 2 years, from the date USCIS receives your petition. 

 

If you are worried about the timeline being scrutinized I would recommend submitting extra proof of a bonafide relationship. I submitted evidence of our in-person meetings, but I also had proof of our friendship/relationship prior to those visits. In my intent to marry letter, I also mentioned the length of time we have been in each other's lives. 

[Mohsin786 23]

On 7/10/2024 at 8:58 AM, TexasRafael said:

I do not believe that the K1 says that you need to know someone for 2 years, I filed my k1 application after knowing my spouse for 10 months and meeting in person  once and it was approved.  For my own piece of mind however, my divorce was final in July 2017 and did not get engaged until November 2017.  To be honest, in my case, I honestly did not feel the Embassy paid much attention to the engagement data we supplied.  In any case my application was approved.

Thanks for sharing your information. I just waned to know if I get engaged before my divorce is over and if the consulate look at the dates and timing doesn't match like you got married way before getting your divorce and that is a crime or against the law etc. I just wanted to know that will not create problems and I don't want to waste 6-10 months on this process.  Do you know if the processing time is still 6 months or it's greater?

[OldUser 6,602]

5 minutes ago, Mohsin786 said:

Thanks for sharing your information. I just waned to know if I get engaged before my divorce is over and if the consulate look at the dates and timing doesn't match like you got married way before getting your divorce and that is a crime or against the law etc. I just wanted to know that will not create problems and I don't want to waste 6-10 months on this process.  Do you know if the processing time is still 6 months or it's greater?

The cleanest way is to finalize previous relationship before committing to the new one. You may be asked why you are engaged while still legally married to the other person. I don't believe you're breaking any laws and people got their K-1s in similar circumstances, but it may require more relationship evidence etc.

[ScarletWitch6x 62]

3 hours ago, Mohsin786 said:

Thanks for sharing your information. I just waned to know if I get engaged before my divorce is over and if the consulate look at the dates and timing doesn't match like you got married way before getting your divorce and that is a crime or against the law etc. I just wanted to know that will not create problems and I don't want to waste 6-10 months on this process.  Do you know if the processing time is still 6 months or it's greater?

Processing times will vary from case to case, consulate to consulate. It has been noted that the K1 process has sped up, but I know many people still advocate for the marriage visa route due to processing times. I would recommend checking your country's portal on this site to see the timelines of similar individuals  

 

I will also say that the TikTok immigration lawyers have really been pushing people to get their petitions filed on both K1 and marriage visas due to the uncertainty of the upcoming election. This potentially may cause a temporary backlog, but I do not have any evidence to support that claim as of yet. Just an observation.

 

Getting married before you are divorced is not going to be seen as a valid marriage. Dating and an engagement during divorce proceedings may be speculated against more heavily, but as for individual laws criminalizing this,  I would check your state and home country laws. Some states have laws that prevent marriage within so many months of a divorce from being finalized, etc.

[SalishSea 17,801]

10 hours ago, Mohsin786 said:

Thanks for sharing your information. I just waned to know if I get engaged before my divorce is over and if the consulate look at the dates and timing doesn't match like you got married way before getting your divorce and that is a crime or against the law etc. I just wanted to know that will not create problems and I don't want to waste 6-10 months on this process.  Do you know if the processing time is still 6 months or it's greater?

So you’re planning to actually marry before your divorce is final? 

[Mohsin786 23]

On 7/11/2024 at 8:38 PM, SalishSea said:

So you’re planning to actually marry before your divorce is final? 

Not marriage. If I plan to get engaged before marriage. I was just curious, if this is against the law or I'm okay to do that. Can visa officer raise questions as why I got engaged before divorce was finalized?