It happens more often then you would expect. In a rush to start their life together, a couple rushes off to file a K-1 fiancee visa petition without bothering to wait for a divorce to be finalized or without bothering to get a divorce. The couple tries to rationalize their decision – the marriage “ended” so long ago, no one really cares, I never speak to my spouse, I don’t even know where he or she is, etc. Then, as the months go by and the couple waits for a decision, they start hoping – maybe the immigration agency won’t notice the previous marriage, maybe it won’t matter, maybe I can fix it if they catch it.
Unfortunately, when the K-1 fiance couple finally gets a decision from the immigration agency, it tells them that the divorce needs to be finalized, that there is no correcting it now, and that it cannot be brushed over and ignored. The immigration agency does care – it wants its i’s dotted and t’s crossed. All of them.
Instead, the couple must start over…from step one. Worse, they have to wait apart for longer than necessary. If you are thinking about applying for a fiance visa, make sure to consult a fiancee attorney – a couple’s time together is much more important than cutting a few corners and doing it the cheap way.