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 firstname.lastname@example.org
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.