K-1 Visa while Divorce is in Process

[MalloryCat 189]

2 minutes ago, Mohsin786 said:

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?

while the officer at the embassy may ask questions regarding the timeline if you were to get engaged while waiting for the divorce to be finalized, there is no law that says you cant be engaged. being engaged is not legally binding thing like marriage is.

 

However, you must be legally free to marry at the time the petition is filed. Meaning, if your state requires 6 months after the divorce is finalized before you can re-marry, that means that you can't file the I-129f petition until that 6 months is up.

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-fiance-k-1.html

"Under U.S. immigration law, a foreign-citizen fiancé(e) of a U.S. citizen is the recipient of an approved Petition for Alien Fiancé(e), Form I-129F, who has been issued a nonimmigrant K-1 visa for travel to the United States in order to marry his or her U.S. citizen fiancé(e). Both the U.S. citizen and the K-1 visa applicant must have been legally free to marry at the time the petition was filed and must have remained so thereafter. The marriage must be legally possible according to laws of the U.S. state in which the marriage will take place."

[Mohsin786 23]

On 7/11/2024 at 10:21 AM, OldUser said:

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.

Like what evidences. Any examples will be appreciated. 

[powerpuff 6,697]

19 minutes ago, Mohsin786 said:

Like what evidences. Any examples will be appreciated. 

Amount of time spent together in person is the best/strongest evidence.

[SalishSea 17,819]

1 hour ago, Mohsin786 said:

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?

They can deny you if it appears that it is a green card marriage.

[Lee Thacket 29]

On 7/12/2024 at 2:38 AM, SalishSea said:

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

 

I think in most legal jurisdictions that is called bigamy!

[Lee Thacket 29]

On 7/15/2024 at 5:28 PM, Mohsin786 said:

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?

 

You can get engaged to whoever you want whenever you want.

 

However, presumably your intention is to bring the person concerned to the United States and marry them. The I-129F form has a question asking if you ever been married. It then goes on to ask when the marriage ended.