divorce decree out of bifurcation

[angela_irene]

What is the name of your state? CA

My brother will be filing a K1 visa for his alien girlfriend. But the issues on division of properties is not yet resolved.It's over 6 months now since he filed the divorce. Now he filed a motion for bifurcation to go back to the single status and sets aside the other issues. Is the divorce decree out of bifurcated divorce be enough as proof of dissolution of previous marriage? He wants to make sure that his K1 visa petition won't be denied. Thanks

 

[evcalyptos]

What is the name of your state? CA

My brother will be filing a K1 visa for his alien girlfriend. But the issues on division of properties is not yet resolved.It's over 6 months now since he filed the divorce. Now he filed a motion for bifurcation to go back to the single status and sets aside the other issues. Is the divorce decree out of bifurcated divorce be enough as proof of dissolution of previous marriage? He wants to make sure that his K1 visa petition won't be denied. Thanks

I have never seen anyone mention those documents online before.

The criteria are that your brother must be free to marry AT the time he submits the I-129f and he must include the FINAL divorce decree.
Maybe he can ask his divorce lawyer if his current documents meet that test, if neither of you know. (it looks to me like it is not yet final, but I don't know much)

 

[angela_irene]

Thanks for your reply. He also asked his lawyer about it, and she said, she can't see the reason why not, after all the USCIS just wants to see to it that he is free to marry. And the bifurcated divorce allows both parties to re-marry. I am a bit confused too, because some sites say the requirement is the final decree and some sites say only divorce decrees. I haven't come across the same situation as of my brother. I wish there's someone out there who can help.

 

[evcalyptos]

Thanks for your reply. He also asked his lawyer about it, and she said, she can't see the reason why not, after all the USCIS just wants to see to it that he is free to marry. And the bifurcated divorce allows both parties to re-marry. I am a bit confused too, because some sites say the requirement is the final decree and some sites say only divorce decrees. I haven't come across the same situation as of my brother. I wish there's someone out there who can help.

The person to answer this is an immigration attorney who practices or is very familiar with the divorce law in your brother's state.
A quick google shows pages that agree with what 'his lawyer' (what kind?) said.

http://www.pafamilylaw.net/2006/10/what-is-bifurcation-of-marital-status.html