K-1 Visa with Pending Divorce?
Congratulations! You're getting married, and you want your fiancé(e) by your side. But what if they have a divorce that's still being finalized? Don't worry, you might still be able to bring them to the US with a K-1 visa, also known as a fiancé(e) visa. Here's the deal:
The K-1 Visa: All About Getting Married (Fast!)
The K-1 visa lets your fiancé(e) come to the US for 90 days with one goal: to tie the knot! Once you're married, they can apply for a green card to stay permanently.
Can You Apply with a Pending Divorce?
Yes, you can still file the K-1 visa petition (Form I-129F) even if your fiancé(e) has a divorce in progress. But here's the catch: the divorce absolutely must be finalized before they get the visa. No exceptions!
What You Need to Do:
File Form I-129F: This is the official petition to bring your fiancé(e) to the US. Fill it out together and submit it with proof of your relationship and your intention to marry.
Show the Divorce Progress: You'll also need documents proving the divorce is happening. This could be court filings or other legal paperwork. Basically, anything showing the wheels of justice are turning.
Get That Divorce Finalized (ASAP!): This is the most important step. The faster the divorce is finalized, the sooner you can move forward with the visa. Once it's official, get a certified copy of the final decree.
Update USCIS: Let them know the good news! Send a copy of the final divorce decree to the USCIS office handling your case. This shows they're now legally free to marry.
K-1 Visa Interview: Your fiancé(e) will attend an interview at a US embassy or consulate in their home country. Here, they'll need to bring the final divorce decree to prove they can legally marry you.
Remember:
Timing is Key: The divorce needs to be finalized before the interview, or the visa will be denied. If it's cutting close, consider rescheduling the interview.
Talk to a Lawyer: This situation can be complex. Consider consulting an immigration attorney to make sure you're on the right track and have all the necessary documentation.
Getting married is an exciting time, and a pending divorce shouldn't derail your plans. By following these steps and staying on top of the divorce process, you and your fiancé(e) can be together in the US soon!