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Zeke3211

Proof of bonified relationship for K1 Visa

By Zeke3211 in K-1 Fiance(e) Visa Process & Procedures

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Zeke3211 Newbie

Zeke3211   0

Posted
Filed: Citizen (apr) Country: Honduras
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Posted (edited)

Hi, I'm currently legally separated and waiting for my divorce to finalize,

(within 2 weeks).

 

I'm currently dating someone and I know that to file for the K1 Visa I have to be legally divorced, my question is, can my evidence of bonified relationship date before my divorce is final?

 

I ask that question because me and my partner started dating while I was legally separated. I live in NC and you have to be separated for a year before you can file for divorce 

Edited by Zeke3211
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OldUser Veteran

OldUser   6,662

Posted
Timeline
Posted (edited)
53 minutes ago, Zeke3211 said:

Hi, I'm currently legally separated and waiting for my divorce to finalize,

(within 2 weeks).

 

I'm currently dating someone and I know that to file for the K1 Visa I have to be legally divorced, my question is, can my evidence of bonified relationship date before my divorce is final?

 

I ask that question because me and my partner started dating while I was legally separated. I live in NC and you have to be separated for a year before you can file for divorce 

Bonafide.

Yes, evidence can be predating your final divorce date.

 

Question is: what's the hurry and how long have you known your fiancé? Why K-1 and not CR-1 after longer relationship?

Edited by OldUser
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Ryan H Grand Master

Ryan H   3,812

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Filed: Lift. Cond. (apr) Country: China
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Posted

Moved from Progress Reports to Process & Procedures.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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W199 Enthusiast

W199   333

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Filed: K-1 Visa Country: Philippines
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Posted

To file an I-129F, you only need to prove you have met within 2 years of filing the form.  It doesn't matter if you were married when meeting her.  The proper way to prove that so you don't get an RFE is another topic. But you should start preparing and/or planning gathering  that evidence now or for your next trip to visit her. You also need to prove both of you intend to get married, but that is just a simple signed 1 paragraph affidavit. You can even have her sign that on your next visit.

 

For the proof of a bonifide relationship when she interviews at the embassy, it also doesn't matter if your photos and relationship started while you were married to your ex. What matters is the quality of evidence of your bonifide relationship.

 

Getting the divorce finalized is a emotionally dramatic, even after being seperated for 1 year.  So a K-1 makes a lot of sense, rather than getting married the next week.  However, in your case, I would highly recommend just having a longer relationship, at least 2-3 years and then re-visit the decision to do a K-1 or CR-1.   For myself, I prepared the K-1 package prior to the divorce, and about 3 days after the divorce, I filed the I-129F. However, I dated her nearly 6 years prior to this so I knew her and all her family very well and wasn't just jumping in on an emotionally rebound.  I suggest you take your time too. 

 

 

 

 

 

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aa1988 Newbie

aa1988   0

Posted
Filed: K-1 Visa Country: Syria
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Posted
On 11/18/2024 at 2:57 PM, Zeke3211 said:

Hi, I'm currently legally separated and waiting for my divorce to finalize,

(within 2 weeks).

 

I'm currently dating someone and I know that to file for the K1 Visa I have to be legally divorced, my question is, can my evidence of bonified relationship date before my divorce is final?

 

I ask that question because me and my partner started dating while I was legally separated. I live in NC and you have to be separated for a year before you can file for divorce 

The answer is YES... Good luck to you!

 

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