K1 after divorce

[GlenAndLisa 0]

My boyfriend and I want to start the K1 procedure as soon as possible and we are now busy gathering all the evidence and documents. He has been married before and his dovorce was final in July of this year. He is not allowed to get married for six months after that. Now he is worried that this means he won't be able to file for K1 for six months after the divorce either. It seems unlikely to me because the whole procedure is going to take over six months and we obviously won't be getting married during that time. I can't find anything about this anywhere though. Does anyone know if there actually is any rule that says you can't file for K1 within a certain amount of time after your divorce?

I too am from Wisconsin and I waited until my divorce was final for six months before filing. You have to be legally free to marry in order to apply. I'm not entirely sure that I had to wait the full six months, but I did just to be safe because I didn't want anything to be in question. You could call USCIS but I have to say that when I called them before I was free to marry they really didn't have much time for me.

[Caladan 19]

Here's a cite from the law:

9 FAM 41.81 N6.6 Petitioner and Beneficiary Must be Legally Free to Marry (CT:VISA-756; 07-27-2005)

a. For a K-1 petition to remain valid, the petitioner and the beneficiary must:

(1) Have been legally free to marry at the time the petition was filed;

(2) Have remained so thereafter; and

(3) Continue to have the intent to marry within 90 days after the beneficiary’s admission into the United States.

b. A K-1 petition filed when the petitioner and/or the applicant was still legally married shall not serve as the basis for visa issuance, even though that marriage was terminated and applicant/petitioner became free to marry within 90 days of arrival in the United States. If a consular officer finds that the petitioner and/or applicant is/was not legally free to marry, post must return the K-1 petition to the national visa center (NVC) under cover of memorandum detailing the specific, objective facts giving rise to the officer’s determination.

Emphasis mine. You might get lucky, but my understanding is that the initial petition is adjudicated only with the information that's true at the time of filing. That means I can't say 'I am going to meet my fiance for the first time' in one month or 'I'll be 18 by the time he interviews' and file.

[aaron&lidia 0]

well, i guess it all depends on who you ask.

came across this in another thread; http://www.visajourney.com/forums/index.php?showtopic=87516

maybe all you negative nellys should head over to this thread and shoot them down as well.

I went to my local office and asked if i would have any problems if i file now or should i wait. i was told by a government worker that i could file.

i have been told by non-government workers on this site that i could not file. who to believe?....

maybe some of the people on this blog work for the USCIS, and just don't want to say so and are trying to discourage us; i will listen to the official that i met face to face.

[heiko 0]

well, i guess it all depends on who you ask.

came across this in another thread; http://www.visajourney.com/forums/index.php?showtopic=87516

maybe all you negative nellys should head over to this thread and shoot them down as well.

I went to my local office and asked if i would have any problems if i file now or should i wait. i was told by a government worker that i could file.

i have been told by non-government workers on this site that i could not file. who to believe?....

maybe some of the people on this blog work for the USCIS, and just don't want to say so and are trying to discourage us; i will listen to the official that i met face to face.

You are free to marry anywhere other than Wisconsin as Wisconsin does not have jurisdiction anywhere but Wisconsin. If you marry in Nevada within the six month period then move to Wisconsin, your marriage will be legitimately recognized by the state of Wisconsin.