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Legal » Immigration » Divorce-decree-070629
 
Applying for US visa

Carole asks,
I'm a Lebanese girl living in Lebanon. My fiancée is an American citizen living in the US. If he has to apply for a K1 visa for me, can he apply from the US itself? And how long will the whole procedure take? If I go to the US on a visitor's visa, can I have a civil marriage with my American fiancée, then come back to Lebanon? And then enter back the US and apply for my papers?
Dear Carole,

If your fiancé has personally met you during the last 2 years, then he can file a K-1 visa petition for you in the USA. Normally, it takes 4-10 months to have such petitions processed. There are no restrictions on a foreigner in the USA on a visitor's visa, marrying an American citizen. If you do not intend to stay back and are willing to go back to Lebanon you can get married in the USA whilst travelling on a visitors visa. However, you may not be issued a visitors visa if you have a US citizen living in USA as your fiancé. If you already have a USA visitor's visa you may go there marry your fiancé and return to Lebanon. Then your spouse would be in a position to file petitions for your immigrant visa and also K-3 visa and you would be in a position to travel to USA on K-3 visa within a few months.

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Legalities in divorce agreement

Janice asks,
I am a Christian Indian citizen, I got married to a non Christian person but 3 months later, we got a dissolution divorce agreement by a registered notary and got separated. After that I got married to a US citizen and applied for the US immigration visa, but the US consulate officer returned the file asking for the divorce decree, instead of the divorce agreement. According to him, since I did not have the divorce decree, my second marriage was invalid. We applied for the divorce decree and obtained that after 3 years but it is of the current date. I want to know what documents should I produce while applying for the same visa? Please guide me. Thanks
Dear Janice,

Your divorce by agreement was not legal and therefore your marriage with the US citizen was also not legal and hence you were not issued a visa. Now as you have obtained a divorce from the court, you must re-marry the US citizen, following which, he should reapply for your immigrant visa. In the application the earlier mistake and the correct facts should be stated and explained.

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