Can I File For a Fiancé Visa if My Fiancée Has Not Received Her Final Divorce Decree?

Free Reports to read BEFORE you decide to file an Immigration case or to hire an Immigration Attorney.
These reports will save you time and money.
Read These Reports to Learn:
How you can always represent yourself in an Immigration Case
That not all Immigration Attorneys are the same
The questions you should always ask your Immigration Attorney before you hire him
How Immigration cases can be needlessly delayed or denied and what you can do to avoid that fate.
How not to rely on advice given by friends, family, and surprisingly Immigration information officers
How every document you file with USCIS can affect you and your family for years.
Little known secrets of fiancé visa and green card interviews from an attorney with 20 years of experience
Our office has 20 years of experience handling fiancee visas. We will bring your fiancee into the U.S. quickly, without delays, and with a money back guarantee
I want to file a K-1 Fiance Visa for my Fiancee in France.  She has filed for divorce from her husband.  The divorce is not final.  Can I file for a K1  fiance visa while we wait for the divorce to be final?

No.  Unfortunately, you will need to wait until the divorce is completely final before you may file for your fiancé visa.

One of the requirements for a K-1 Fiancé Visa is that both you and your fiancé are both free to marry.

In order to be legally free to marry any prior marriage either of you have had needs to have ended in  divorce,  death or annulment.

If your fiancé is still married at the time you want to file your k1 fiance visa case then you cannot file it.  If it is filed in this situation the case will be denied.  This is true even if a divorce decree or annulment is procured while your k1 fiance visa case is still pending.  Prematurely filing this type of case will have the unintended consequence of delaying your case rather than expediting your case.

To ensure that you or your fiancé have legally obtained divorce or annulment decrees you should consult with a Family law attorney prior to filing your K1 case.

This post is under Fiance Visa Attorney Sacramento and Fiance Visa Lawyer Sacramento.

Lawrence Gruner, Esq. has almost 20 years of experience handling Immigration cases.  His office would be happy to talk to you about your Immigration case. We handle cases throughout the United States and the World. You may reach us toll free at 888-801-6558

The information provided on this site is not legal advice but general information only.  This article is only a very basic introduction to the topic of fiancé visas. Laws and timelines can and do change.  Different laws may apply in your case.  Please speak to an Immigration Attorney prior to filing your case.

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  • S. Lucas
    TEMPORARY VISA
    img

    Our experience was amazing. The process was smooth. Larry and Jason helped us every step of the way to get my husband’s temporary visa. When I started getting anxiety about how long it takes, what’s the next step or what if’s, I would call either of them and they had no problems giving me answers. Jason went with us to our meeting with immigration, and made us laugh the whole time. He really helped keep me calm as I suffer from anxiety very badly. A year later, I can still call Larry and ask questions about the next step. I’m very thankful I found these guys!!! Highly recommend them!

  • L. Alvarado Jr.
    IMMIGRATION LAW
    img

    I met the love of my life in China. When I was looking for an Immigration attorney to help me get the K1 Visa for my fiance, I was so glad that I found the Law Office Of Lawrence Gruner. Attorney’s Lawrence Gruner and Jason Marachi gave us excellent representation throughout the whole process and got us through the process very quickly and smoothly. It only took six month’s for my fiance to get her K1 Visa and move to the U.S. with me so we could get married and start our lives together. And in another six month’s later, my wife now has her Green Card. I highly recommend this Law Office for your Immigration Law needs.
    Thank you Mr. Gruner and Mr. Marachi!!

  • M. Obregon
    IMMIGRATION LAW
    img

    Lawrence and his legal team are stellar. They provided an affordable solution to our immigration related legal issues. My wife and I turned to Lawrence and his team from friends that also had a successful experience. Simply, we all agree that it was the right choice. Everything was completed as offered and his legal advice as a lawyer and a friend is always there. Thank You!

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Can I work If I Enter the United States with a K1 Visa?

Free Reports to read BEFORE you decide to file an Immigration case or to hire an Immigration Attorney.
These reports will save you time and money.
Read These Reports to Learn:
How you can always represent yourself in an Immigration Case
That not all Immigration Attorneys are the same
The questions you should always ask your Immigration Attorney before you hire him
How Immigration cases can be needlessly delayed or denied and what you can do to avoid that fate.
How not to rely on advice given by friends, family, and surprisingly Immigration information officers
How every document you file with USCIS can affect you and your family for years.
Little known secrets of fiancé visa and green card interviews from an attorney with 20 years of experience

Sacramento Office: 916-760-7270 or 888-801-6558

If you enter the United States with a K1 fiance visa then you are eligible to apply for work authorization.  The key word here is apply.   You can apply to obtain your work authorization card.  However, you cannot work until you have obtained your work authorization card also known as your  “work permit” from USCIS.

 This work authorization you receive will only be valid for 90 days.  It will likely take you about 90 days, after you apply, to receive the card.

 A better choice would be to get married to the United States Citizen who sponsored you and then apply for your permanent residence (green card).   This is done via the adjustment of status process.  At the same time you apply for adjustment of status you may apply for your work authorization card from USCIS.  It should take about 90 days to receive your work authorization card. 

This work authorization card you receive from USCIS while applying for adjustment  of status will be valid for one year.  However, your green card application should be approved within this one year period (generally the green card should be approved within 4 months or so).  Once you receive your green card you can work using the green card only (i.e. there is no need for the work authorization card).  You will have to show your green card and social security card to prospective employers.

 

Lawrence Gruner is a Sacramento Fiance Visa Attorney and a Sacramento Green Card Attorney with almost 20 years of experience.  He handles Immigration cases throughout California, the United States and the World.  He may be reached toll free at 888-801-6558.

This article is just a basic introduction to this topic.  You should seek a competent Immigration Attorney to review your specific facts and circumstances before proceeding with your case.

Disclaimer: The information provided on this site is not legal advice but general information only. Laws  and timelines can and do change. Additional laws can apply in your situation. Therefore, you should ALWAYS seek legal advice about your case.

Join Our Mailing List



Email:


For Email Marketing you can trust

TELL US ABOUT YOUR CASE

REQUEST YOUR FREE, NO-OBLIGATION CONSULTATION WITH AN ATTORNEY

YOUR PRIVACY IS
IMPORTANT US

  • S. Lucas
    TEMPORARY VISA
    img

    Our experience was amazing. The process was smooth. Larry and Jason helped us every step of the way to get my husband’s temporary visa. When I started getting anxiety about how long it takes, what’s the next step or what if’s, I would call either of them and they had no problems giving me answers. Jason went with us to our meeting with immigration, and made us laugh the whole time. He really helped keep me calm as I suffer from anxiety very badly. A year later, I can still call Larry and ask questions about the next step. I’m very thankful I found these guys!!! Highly recommend them!

  • L. Alvarado Jr.
    IMMIGRATION LAW
    img

    I met the love of my life in China. When I was looking for an Immigration attorney to help me get the K1 Visa for my fiance, I was so glad that I found the Law Office Of Lawrence Gruner. Attorney’s Lawrence Gruner and Jason Marachi gave us excellent representation throughout the whole process and got us through the process very quickly and smoothly. It only took six month’s for my fiance to get her K1 Visa and move to the U.S. with me so we could get married and start our lives together. And in another six month’s later, my wife now has her Green Card. I highly recommend this Law Office for your Immigration Law needs.
    Thank you Mr. Gruner and Mr. Marachi!!

  • M. Obregon
    IMMIGRATION LAW
    img

    Lawrence and his legal team are stellar. They provided an affordable solution to our immigration related legal issues. My wife and I turned to Lawrence and his team from friends that also had a successful experience. Simply, we all agree that it was the right choice. Everything was completed as offered and his legal advice as a lawyer and a friend is always there. Thank You!

SEE ADDITIONAL TESTIMONIALS

TELL US ABOUT YOUR CASE

REQUEST YOUR FREE, NO-OBLIGATION CONSULTATION WITH AN ATTORNEY

YOUR PRIVACY IS
IMPORTANT US