How Long to Wait Between a Divorce and Filing Fiance Visa Petition

[ebony angel]

My question involves marriage law for the State of: New Jersey. I got divorced a couple of weeks ago, and need advise on how long I have to wait before I can file for a fiancee visa for my soon-to-be new bride, we have been together since my separation, and now my divorce is final, I can't wait for her to join me. she lives in Europe while I am a US citizen. what problems might we encounter with the filing?

[Mr. Knowitall]

You can petition for your fiancée once your divorce is final. You will need to establish that you have a bona fide relationship, which at this point means admitting to a relationship that predates your divorce, but the USCIS is staffed by grownups so that's potentially a greater issue for your divorce case than for your visa application. What problem might you encounter? The biggest one might be documenting the bona fide nature of your relationship if there's scant evidence due to your concealing it from your spouse. (I assume that your spouse was a U.S. citizen - if she also entered on a K1 you may get extra scrutiny on that basis.)

[ebony angel]

Thank you for the reply. So it is okay to file now if i have evidences and the closesness of the dates will not affect the application decision. The relationship was not a secret as it started after our separation, we were separated for over a year before the divorce became final because it was contested and dragged on, but my ex and I had both moved on and were dating other people. I have evidences as we visit each other often and have been on holidays together, which also was no secret to my ex. My ex & I are both born US citizens. Thanks once again

[Mr. Knowitall]

If you are now divorced - judgment entered and final - then you are eligible to apply. I can only go by what you post here - as I only know what you tell us here, I'm not positioned to tell you whether there may be factors that, if known, might inspire me to tell you to wait.