Martial separation question

[seanconneryii]

I have been legally separated from my AW for 4 years. I have met a RW living in Kyrgyzstan. I want to proceed with the fiancee visa process. Can I do so as my divorce gets finalized or must I wait until I am legally divorced?

[jb]

sean,

You will have to wait till your divorce is final to file for a K-1. 

As part of the filing package you must demonstrate that you are *free to marry*, at the moment you are still technically a married man.

The terms and conditions for being able to file for this visa are located here:
http://www.uscis.gov/graphics/formsfee/forms/i-129f.htm

[groovlstk]

SC,

You'll find a wealth of information about the K1 process at www.visajourney.com

Even if you're planning to hire a lawyer it will be useful for you to review the process and timelines.

[PeeWee]

sean,

You will have to wait till your divorce is final to file for a K-1. 

As part of the filing package you must demonstrate that you are *free to marry*, at the moment you are still technically a married man.

The terms and conditions for being able to file for this visa are located here:
http://www.uscis.gov/graphics/formsfee/forms/i-129f.htm

This only makes sense. I do know of one instance, first had experience, where a man while still married to a UW did marry an RW. She arrived in the US only to discover that her husband was still married to the UW. She found this out when the UW tracked her down and presented to her a copy of the divorce papers that were dated one year after she had married the same man in Russia. I believe the divorce was final in November of 05 and the RW arrived in the US in June of 06. Obvious to the overlap. In the meantime this clown had enough nerve to have an AW that he was engaged to while he was processing his RW's visa.

Peewee

[beattledog]

you are going to wait.  what if the AW fights the divorce, and it is a long procedure?

Beattledog

[PeeWee]

you are going to wait.  what if the AW fights the divorce, and it is a long procedure?

Beattledog

seems to me that he would try to settle with her quickly by giving her what she wants and then move on to what he wants, that being the RW. Maybe he is now motivated to finalize the divorce?

Peevee

Peewee

[seanconneryii]

Thanks for the replies to my question. Now I want to ask about marrying a RW in her native country and then apply to bring her to the USA versus the fiancee visa route. My RW's sister married an AM in her country and he was able to bring her to the USA in only a few months. He did stay in her country and hand carried alot of the paper work around to the various offices, etc. I think he got her to the USA in two months. That seems far faster than what I've heard about the time it takes going with the fiancee visa. The country my RW is from is Kyrgyzstan and I'm wondering if things go faster from that country because there is probably much fewer visa applications from there versus Russia or the Ukraine.

[catzenmouse]

Do some searches here on DCF (Direct Consular Filing) and K3 Visa. You can also check the VisaJourney site. There seem to be a lot of variables involved.

Ken

[Turboguy]

I think it almost had to be a DCF.   A K-1 or K-3 all must go to the regional center then to the National center then to the consulate.   There is no way it could pass through all those hands in two months.   Since he was there, DCF is the only thing I know of that could go that fast.   As Ken said, there is a lot of info on VisaJourney and if you need some one on one advice there go to the lower part of the main page and find the Regional discussions and then go to the Russia section, or of course come back here and ask us.