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Can my fiancé file for my petition ( k - 1 visa ) while he has a pending case ?

Santa Monica, CA |

my fiancé is divorced ( the divorce was already filed and has a final judgement with the judge's signature and date of dissolution ) . now his ex - wife demands higher amount of child support and wants to have a spousal support . mediation was scheduled and we don't know yet what will happen . my dream of being with the love of my life was postponed because of this . couldn't we go on with my petition even though my fiancé has this case with his ex - wife ? thank you so much for your answers , I'd really appreciate it . more power !

Attorney Answers 4

  1. Best answer

    If he is a USC and the Final Dissolution of Marriage has been issued then he can petition for and sponsor you.

  2. If he is a USC, he can.

  3. I agree with Attorney Miulder. Good luck to you.
    Dean P. Murray
    The Murray Law Firm
    560 Sylvan Avenue
    Englewood Cliffs, NJ 07632
    T: (201)875-2600
    F: (201)549-8700

    Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on are intended as general information for the education of the public, and not for any specific individual.

  4. As long as your fiancé would have sufficient income to sponsor you, is a US citizen and is divorced, what happens in family court does not affect the petition.

    Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova , New York Immigration Attorney Blog:

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