I would like 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 obtained while your k1 fiance visa case is still pending.

Prematurely filing this type of case will have the unintended consequence of having the overall process take longer.  The case you filed will be denied.  You will then need to refile the fiance visa case.  This will waste precious time.

Many times individuals believe that they are divorced, when in fact, due to a technicality or misreading of legal papers, the are not divorced. 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.

If you are interested in filing a fiance visa case please read our article: “Top 10 Things You Should Know About Fiance Visas“.

Attorney Lawrence Gruner, is a fiance visa attorney with more than 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 or you may email us at attorneygruner@gmail.com

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 a Fiance Visa Attorney prior to filing your case.

Free Reports to read BEFORE you decide to file an Immigration case or to hire an Immigration Attorney.
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How you can always represent yourself in an Immigration Case
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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.