Legal Question in Immigration Law in New York

Please advise

I have a fiancee living in Ecuador. He has been separated from his prior marriage for 5 years, however, just submitted the divorce papers due to hardship & it will take upto 3 months for the process to be complete. Can I submit the Fiancee Visa, eventhough he is not completely divorced? We are eager to be with one another and rather not wait for 3 months for divorce paper then 6 months for the Fiancee Visa. Can you please advise?


Asked on 4/30/08, 10:37 pm

2 Answers from Attorneys
Patrick Klauss Berd & Klauss, PLLC

Re: Please advise

madam,

As part of the K-1 package, it is required to submit a copy of any divorce decrees. Therefore, taking a conservative approach, and in order to avoid any complications, I would suggest waiting to file for the I-129f until the divorce is final.

Good luck.

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Answered on 5/01/08, 9:25 am
LUIS ANTONIO GONZALEZ M. LAGM.com

Re: Please advise

Before anything else, thanks for writing me at LawGuru.com

No, is not possible. If you request the fiance visa, USCIS decline. This because he is not divorced yet. Under Law, he is married yet.

You may visit www.uscis.gov

Any doubt or another question, let me know it please.

Thank you very much for visiting me at LawGuru.com

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Answered on 5/02/08, 9:59 pm


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