I129 and divorce

[RASTABABY 0]

Here is a rundown of the situation. My fiancee is married. He has been separated from his wife for over 13 years and never got a divorce. Anyway after meeting me and developing a relationship he decided to file for divorce which we are waiting to become final. I am wondering how long after obtaining the final decree should we wait before filing the I129F. I don't want to get denied due to bonafied relationship or fraud. Mostly I'm concerned with the time overlap of our relationship and the divorce. Should I include notorized statements from people stating that he and his wife have not lived in the same house for 13 years and that the wife soon to be ex wife has a baby and live in boyfriend? Really need some advice on how to proceed given present circumstances.

[sus 70]

There is no time requirement - the only requirement is that he is divorced at the time you file the decree - so once you have that decree in hand, file away

Looking at your timeline, you filed already? Does he have the final decree? Not just the decree nisi or having filed - he needs the decree absolute

[When2RNLove 6]

Here is a rundown of the situation. My fiancee is married. He has been separated from his wife for over 13 years and never got a divorce. Anyway after meeting me and developing a relationship he decided to file for divorce which we are waiting to become final. I am wondering how long after obtaining the final decree should we wait before filing the I129F. I don't want to get denied due to bonafied relationship or fraud. Mostly I'm concerned with the time overlap of our relationship and the divorce. Should I include notorized statements from people stating that he and his wife have not lived in the same house for 13 years and that the wife soon to be ex wife has a baby and live in boyfriend? Really need some advice on how to proceed given present circumstances.

Definitely wait until you have your divorce decree in hand. You must be able to prove you are divorced if asked to do so and legally able to marry using the I-129F

[NigeriaorBust 4,087]

You both must be free to marry at the time of filing. If either of you are still married even if you haven't lived with s spouse in decades the petition will be denied with no possible appeal. In a few states there is a waiting period after the divorced is signed before you can marry. Make sure that time has also passed so you meet the free to marry clause.

[Darnell 8,478]

I suggest you wait a week after the divorce is finalized.

Good Luck !