K-1 Filing Requirement

[David Young 0]

Hi, my divorce will be finalized in a few months. Is it possible for me to file K-1 for my fiance before I have the official divorce paper?

Thanks.

[Dan J 277]

No, as you need to include a copy of the divorce decree with the petition filing.

[StarProg 0]

You must wait for the divorce to be final, as the final divorce decree must be included with the I-129F. I know its hard to wait, I was waiting nearly 2 years for my divorce so I could start the immigration stage.

BTW, I knew a David Young in my grade school days ('60s).

[pushbrk 13,178]

Hi, my divorce will be finalized in a few months. Is it possible for me to file K-1 for my fiance before I have the official divorce paper?

Thanks.

Sure, it's possible to file the petition but it is not possible to get it approved or to get the money back. In fact, prepare your fiance to answer some questions about the circumstances surrounding her visit and relationship with a married man. Another visit between your final decree and your letters of engagement and petition filing would be a really good idea.

[DavidEvgeniya 0]

Hello,

I believe one of the forms that needs to be filled out requests proof of divorce. You may want to check it out before you file

David

[lucho562 0]

Ok I may get heat for giving you this advice, but what the heck.

I say go ahead and petition for the k1! Why??? You have about 3 months before they even look at your file. They should give you an RFE for not including the divorce paperwork. You get your RFE and you send back the required paperwork and you get your NOA2 a few weeks later. Sure beats waiting until you get your paperwork, then filing for the K1.

[StarProg 0]

Ok I may get heat for giving you this advice, but what the heck.

I say go ahead and petition for the k1! Why??? You have about 3 months before they even look at your file. They should give you an RFE for not including the divorce paperwork. You get your RFE and you send back the required paperwork and you get your NOA2 a few weeks later. Sure beats waiting until you get your paperwork, then filing for the K1.

And then your petition gets rejected because the date of finality on the divorce is after the date the petition was filed. The requirements for filing the petition very clearly state that both parties must be free to marry at the time the petition is filed.

[YuAndDan 153]

Hi, my divorce will be finalized in a few months. Is it possible for me to file K-1 for my fiance before I have the official divorce paper?

Thanks.

Sure, it's possible to file the petition but it is not possible to get it approved or to get the money back. In fact, prepare your fiance to answer some questions about the circumstances surrounding her visit and relationship with a married man. Another visit between your final decree and your letters of engagement and petition filing would be a really good idea.

[pushbrk 13,178]

Ok I may get heat for giving you this advice, but what the heck.

I say go ahead and petition for the k1! Why??? You have about 3 months before they even look at your file. They should give you an RFE for not including the divorce paperwork. You get your RFE and you send back the required paperwork and you get your NOA2 a few weeks later. Sure beats waiting until you get your paperwork, then filing for the K1.

You'd be better off paying somebody to just beat you with a stick. Petitions filed as suggested above are denied and often they take their own sweet time about telling you they are denied. All the while, time is wasting away and you have to start all over doing it the right way.

[pushbrk 13,178]

Hi, my divorce will be finalized in a few months. Is it possible for me to file K-1 for my fiance before I have the official divorce paper?

Thanks.

Sure, it's possible to file the petition but it is not possible to get it approved or to get the money back. In fact, prepare your fiance to answer some questions about the circumstances surrounding her visit and relationship with a married man. Another visit between your final decree and your letters of engagement and petition filing would be a really good idea.

Now that I'm not cooking baby back ribs on the grill, I have a little time to explain WHY the OP would be wise to visit his girlfriend again after he is divorced and before he files a petition. The more recent the divorce final decree date at filing time, the more likely the fraud flag will fly. There are all sorts of other little details that can mitigate or exacerbate the effect of a short time between divorce and petition filing but in and of itself it's a lightning rod particularly when the fiance is coming from less prosperous countries, even worse if that less prosperous country is Asian.

The OP should be prepared to prove his former spouse's new residence address and have her SSN available. I mean proof like a utility bill from the new address etc. The suspicion is that the divorce was entered into to facilitate visa fraud. In addition, if the foreign fiance is divorced, she should be prepared to prove her former husband doesn't still live with her and still lives in her country instead of having preceded her to the US with the intention of reuniting.

As ridiculous as this sounds, be prepared not only to provide the above stated evidence but to do so in order to overcom an initial denial of the K1 visa at interview. No need to worry about this when filing the petition. The USCIS isn't the point man for this kind of visa fraud. The Consulate is and most will request this evidence for overcome because they want to take their sweet time reviewing it offline rather than in the interview.

Additionally, if you can avoid calling attention to the fact that you initially met and romanced your fiance while you were married, you are wise to do so. This is impossible to avoid if your proof of meeting is dated before the divorce decree.

[YuAndDan 153]

David Young,

One other recommendation aside from the question, I see you will be dealing with the Guangzhou consulate in your future, I recomend joining "A Candle for Love" that site deals with nothing else but the visa process through that consulate and preparing for that gauntlet. Candle also covers life and culture with a Chinese spouse.

http://candleforlove.com

[lucho562 0]

Heat accepted, dont listen to my above post.

[udlike2no2 0]

Hi, my divorce will be finalized in a few months. Is it possible for me to file K-1 for my fiance before I have the official divorce paper?

Thanks.

My self and a friend in May of 04 both filed for I-129F papers and were approved in 30 days. My friend was also waiting on his divorce papers when he went to the Ukraine and met his girl. If you are getting a divorce the marriage should be over and you are free to see whom ever you want. I would just wait till you get the divorce papers ad than file. Having met her while getting a divorce should not be a problem but they will tell her you where married and getting a divorce in her interview, they did tell my friend’s girl this and she didn’t know. But she was approved and now they are happily married.

[pushbrk 13,178]

David Young,

One other recommendation aside from the question, I see you will be dealing with the Guangzhou consulate in your future, I recomend joining "A Candle for Love" that site deals with nothing else but the visa process through that consulate and preparing for that gauntlet. Candle also covers life and culture with a Chinese spouse.

http://candleforlove.com

Ooh, I hadn't noticed the China connection. I was thinking of Guangzhou Consulate when I wrote my reasons, so I would make the recommendation even stronger to visit after the divorce is final and before you file. You can cry "shouldn't matter" until the cows come home but in GUZ it DUZ.

And yes, get yourself over to Candle too.

If you have any doubts about the concerns I raised, read this post from today.

http://candleforlove.com/forums/index.php?showtopic=25178

The poor sap never saw it coming and still didn't have a clue why they asked for his ex-wife's SSN.

[YuAndDan 153]

David Young,

One other recommendation aside from the question, I see you will be dealing with the Guangzhou consulate in your future, I recomend joining "A Candle for Love" that site deals with nothing else but the visa process through that consulate and preparing for that gauntlet. Candle also covers life and culture with a Chinese spouse.

http://candleforlove.com

Ooh, I hadn't noticed the China connection. I was thinking of Guangzhou Consulate when I wrote my reasons, so I would make the recommendation even stronger to visit after the divorce is final and before you file. You can cry "shouldn't matter" until the cows come home but in GUZ it DUZ.

And yes, get yourself over to Candle too.

If you have any doubts about the concerns I raised, read this post from today.

http://candleforlove.com/forums/index.php?showtopic=25178

The poor sap never saw it coming and still didn't have a clue why they asked for his ex-wife's SSN.

Yes Was thinking the same, While dealing with this make sure you have SSN from any EX's GUZ hangs people all the time for this. Again join Candle and read as much as you can on that site.