If I’ve legally separated for 8 months, can I apply for a fiancée visa for the woman that I want to marry after divorce is final?

I moved out of the house 8 months ago and was granted a legal separation 4 months ago. We have not lived together since then and I already met someone who I would like to bring to the US from overseas and marry her when I convert my separation into a divorce in 4 months.

Asked on August 10, 2014 under Immigration Law, Washington


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, you have to be legally divorced before you can petition another person as your fiancee.  However, if you  know that your divorce will be final in 4 months you can get everything ready to be filed as soon as your divorce is finalized so that  no time is wasted.  You can start gathering all the necessary supporting documentation and filling out the necessary forms and have your fiancee fill out her forms so that all is ready to go.

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