Can I File For A K1 Fiancé Visa If My Divorce Is Not
Your divorce has to be final before you apply for a fiancé visa. You cannot file a fiancé petition while your divorce is pending, your divorce has to be final. There are no exceptions to this requirement. To obtain a fiancé visa both the parties are required to be legally free to marry. Documentary proof of the end of prior marriages (divorce, death certificates) are required to be filed with the initial application.
The basic requirements for obtaining a fiancé visa are as follows:
· You are a US citizen.
· You have met your fiancé in person during the last two years.
· You and your fiancé, both are legally free to marry.
· You and your fiancé both sincerely intend to marry within 90 days of your fiancé’s arrival in the United States.
· You can meet the minimum income requirement to support your fiancé in the United States.
–There are additional requirement for petitioners who have committed certain crimes or filed for other fiances in the past. If you have filed in the past or have a criminal record you absolutely need to speak with an experience immigration lawyer before filing your application.