Q: Can we start the k1 Visa process?
I've recently got divorced in Wisconsin which requires a 6-month stay to remarry. Since then I have moved to Iowa that does not have those restrictions on remarrying. I have met a girl in the Philippines while visiting there and we have been dating every since and want to get married. Since I have no intentions on ever living in Wisconsin again would I be able to start the k1 process or do I still need to wait that 6 months?
A: You must be unmarried to be eligible to file the FORM I-129F petition to begin the process for the K-1 fiancée visa. After the petition is approved by USCIS and the K-1 visa is issued by the U.S. consulate and your fiancée enters the U.S. you can then marry. This process will generally take more than 6 months.
A: A US citizen who is unmarried is free to sponsor a foreign national for a fiancé K visa. Both of you must physically meet within 2 years of filing the case. Once the visa is issued the two of you must marry within 90 days after her entry into the US. Then she can adjust status to get her green card. Work with an attorney anywhere in the US.
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