Question:
I am in need of some immigration
advice. I am engaged to a lady from
Aylesbury, England. We plan to marry
in the summer. She has two boys
age 3 and 4. She is going through
the custody battle now but confidence
is high that she will win. The case
is due to be over in 12 weeks. I
need to have every form in the book
filled out so that when she is done
with the court proceedings we can
get her over here ASAP. I have studied
as much as I can on the subject
of immigration. I need to know how
much I can do and what she needs
to do. I have all our correspondence
and proof of a legitimate marriage.
I know I need the K1 and K2 form.
Is there anything special I need
for a divorced lady remarrying in
the USA?
Answer:
You have to submit the origional
divorse certificate with the I-129F.
It cannot be a copy. Aside from
this, the G-325, Affidavite of Support.
Check with INS, I think this is
all. The Divorce Certificate [i.e.
the court order, most likely] CAN
be a CERTIFIED copy, as in certified
by the court that issued it. Other
certified copies are not acceptable,
however. Note: if one does not wish
to submit an original document,
onee can often bring the original
to an INS office, wait in line,
pay a fee, and they will copy and
notarize the copy for you; you then
submit that copy [which they know
to be true, since they copied it].
I don't know what the fee for this
service is. Make sure you check
with the INS first.
Your fiancee
has to be free to marry before a
K visa petition can be filed and/or
approved. You say custody battle--
is the divorce overwith? If so you
can start the petition immediately.
Fiancee and minor children will
be included. It takes a few months,
depending on your region, to get
the petition approved, and then
it must be sent overseas to embassy
so she can process for visa. The
form is I-129F and you must show
your citizenship and any and all
divorces (yours and hers), and you
must show you have personally met
within the last 2 years. Instructions
are on the form. Will her divorce
court allow the kids to leave the
country? I suggest you see a lawyer
for your answers.
