More often than one would think, a common question that K-1 visa couples ask is whether a petitioner must be divorced to sponsor a foreign national fiance or fiancee. This is probably because many individuals have marriages that break down, but then continue on with living their life without thinking about obtaining a divorce.
Unfortunately for these individuals, it is necessary for a K-1 Visa petitioner to be divorced before the petitioner can apply for the K-1 visa. This is because the U.S. government requires that both the petitioner and beneficiary be eligible to marry at the time of the petition’s submission.
Thus, if you are thinking about marrying a foreign national who may need the K-1 Visa, it is best to obtain a declaration of divorce as soon as possible. You will not be eligible to apply for the K-1 visa until you are divorced. If you are thinking of applying for a K-1 fiance visa, please contact the firm.