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ResourcesVisa & Immigration LawUS Immigration LawCan I Get a K-1 Fiancée Visa If I Have Been Married Before?

Can I Get a K-1 Fiancée Visa If I Have Been Married Before?

Transcript of the above video:

As the title of this video suggests, we are discussing K-1 Fiancée Visas. I have had a lot of questions lately, in fact this seems to have been a theme. If I see two or three emails from folks asking me the same thing I kind of think "oh there must be a meme or something out there on the internet especially if it's erroneous". Three different people have asked me "well I have been married before, doesn't that preclude me from being able to get a Fiancé Visa?" No it doesn't. You just have to be legally free to marry your present fiancée. So for example, if your prior spouse passed away that doesn't preclude you from having a new fiancée, neither does it preclude you if you have been divorced before. So as long as you can prove up that you are legally free to marry, you are presently unmarried, so your prior spouse has either passed away or you have obtained a finalized legal divorce, then yeah it is possible to go ahead and get a K-1 Fiancée Visa notwithstanding the fact that you have previously had a marital relationship with someone else.

Now sometimes documentation associated with divorce can be a bit of a nettlesome issue, for example if you have got issues regarding what is called a 'Decree Nisi' which is not a finalized decree but you do have a finalized decree or you don't, that can cause issues. So what you are going to need to prove at the end of the day is that you are legally free to marry; so your prior spouse either passed away or there has been a finalized divorce. If you can prove either one of those things then yes you can obtain a K-1 Fiancé Visa in order to bring your Fiancé or in order as a Fiancé to travel to the United States of America.