Jump to content
immi2006

Divorce decree for K-1 visa

 Share

6 posts in this topic

Recommended Posts

Filed: Timeline

Hi,

I recently got divorced in mass and will soon recieve the judge signed court divorce documents. In mass, however it takes in my case 120 days for the divorce to be made final. Nothing can be done to change the divorce decision, it is just the way divorce is setup in mass. Can I start the k-1 visa process with the divorce decree signed by the judge or will I have to wait until the divorce is made final. Since I have 90 days to marry and it will take longer than a month for my fiancee to come over to the states I will be free and clear to marry her within the 90 days. Has anything experienced anything similiar to my situation? Does anyone know which divorce documents should be submitted? Any help would be greatly appreciated. Thanks

Link to comment
Share on other sites

You have to be legally able to marry your fiancee when you mail in the petition. If you send in the documents before the 120 days have passed, they will simply send it back to you asking for proof that you can legally marry.

SA4userbar.jpg
Link to comment
Share on other sites

Filed: AOS (apr) Country: Brazil
Timeline

I was in the same situation. I was separated for 2 years and awaiting for my divorce to be final. I asked an immigration attorney about this. She said that I could not file the fiance petition until there was a divorce decree by the court. You are not free and clear to marry until you are totally divorced, she explained. So, I had all of the paper work for the petition ready and waiting to go and then signed, dated and mailed the i129F and supporting documents and letters after the date of the divorce decree. We did the the other forms and letters and dated them before my divorce decree, this was not a problem. These forms and documents take time to do. So you could be working on this while waiting for your divorce decree. My suggestion is to not file the I129f before your decree and follow the application instructions precisely.

Good luck

Bill

Hi,

I recently got divorced in mass and will soon recieve the judge signed court divorce documents. In mass, however it takes in my case 120 days for the divorce to be made final. Nothing can be done to change the divorce decision, it is just the way divorce is setup in mass. Can I start the k-1 visa process with the divorce decree signed by the judge or will I have to wait until the divorce is made final. Since I have 90 days to marry and it will take longer than a month for my fiancee to come over to the states I will be free and clear to marry her within the 90 days. Has anything experienced anything similiar to my situation? Does anyone know which divorce documents should be submitted? Any help would be greatly appreciated. Thanks

Feb. 2005 - Met in Brazil the first time

May. 2005 - Visited Brazil

Aug. 2005 - Visited Brazil

10/30/05 - Mailed I129F

11/09/05 - NOA1

Nov. 2005 - Visited my fiance in Brazil

02/02/06 - NOA2

Feb. 2006 - Visited my fiance in Brazil

02/24/06 - Packet received at NVC

03/20/06 - Fiance received packet 3 from consulate

04/26/06 - Fiance received appointment letter

05/09/06 - I flew to Rio

5/10/06 - Met fiance at airport

5/11/06 - Medical exam in Rio

05/12/06 - Interview in Rio - APPROVED!!!!

05/17/06 - Received visa in Rio

07/20/06 - POE Miami

10/16/06 - Married!!!!

01/10/07 - Sent AOS and EAD application

01/17/07 - NOA - Receipt

02/02/07 - Biometric appointment

02/09/07 - NOA - Transfer of case to California center

03/22/07 - EAD approved

05/10/07 - AOS approved!!!!

Eulalia and Bill

Link to comment
Share on other sites

Filed: Country: India
Timeline

I know it can be frustrating... I am in a similar boat..

STUCK IN DIVOCE DOCUMENT LAND.........

I have my papers.. even got full copies recently, just to be safe.

Janak has been divorced in India for over 4 years. Has a duley notarized documet from the courts.

What we found out is that this is fine for us.. for applying here in USA.. and if he was in any other country, but.. in India he now has to return to court.. 4 yrs later since originally filed .. and get one more document... just specific from the court itself. In India he would be free to marry.. however if he went for his interview.. he would risk having a denial with the document he has. Court system is so tied up in India it is taking ages just to get in. In the mean time, his xwifes relatives got wind that he is traveling abroad for business and now has gotten the Womens right people involved.. for a "fee" ** they figured if he can travel then he has money.. or can get money thus.. the bribes.. threats.. "fees as they call it" get involved.. they told him he would have to give more money .. or they will cause trouble.. or file claims that the divorce is a sham.. it is wrong.. they have now basically told him to pay her more money and the uncle and such more money or they will cause trouble and hold this up in court for many years..and they will seek his fathers estate as well. she already has the house.. and he was given custody of the children. he is providing private education and tutors for his daughter and college for his son.... what more do they want.. ...

All we can do is do it right.. do the children right.. wait and sit quietly not ruffle feathers.. It is not worth losing US due to the stinginess of someone else. and when things can happen .. and be delayed due to pissing someone off.. is it worth doing so?

sorry for my rants... I know your just waiting for the finalization of the documents.. hold tight.. they will be there soon...

Dont rush into something before the documents are in hand.. .. dont risk denial. it is not worth it ..Love will win in the long run...

Wait for the right documents... .. and only then can you get the K-1 filed. . good luck..

Love isn't love unless it is expressed;

caring isn't caring unless the other person knows;

sharing isn't sharing unless the other person is included

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...