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Many US Citizen petitioners ask if they are able to start an I-129F Petition while a divorce is pending. After all, you can get engaged to someone else while still being married to a soon-to-be ex-spouse.
To be eligible to sponsor a K-1 Fiance Visa, the US Citizen must be “legally free to marry” at the time of filing the I-129F Petition. The divorce decree cannot be something that is later submitted to USCIS or provided to the US Consulate abroad. If eligibility at the time of initial filing does not exist, then a new I-129F filing would be required.
Thus, eligible fiancees must both be single, widowed, or divorced prior to starting the I-129F Petition.
The USCIS I-129F Instructions state:
More information on the Fiance Visa can be found here: https://www.fickeymartinezlaw.com/category/immigration/k-1-fiance-visa/ . If you need assistance in the Fiance Visa Process, please feel free to schedule a consultation with our Immigration Attorney.
Related Blog Posts:
Can I Propose to my girlfriend while she is here in the US on a Tourist Visa or ESTA?
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