Proof of bonified relationship for K1 Visa

[Zeke3211 0]

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 Monday at 08:57 PM by Zeke3211
Misspelled

[OldUser 6,633]

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 Monday at 09:51 PM by OldUser

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures.

[W199 333]

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.