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So my girlfriend (California) and I (Ireland) have been together for years - not literally sadly, but we have been able to spend a lot of time together visiting in each others country despite the difficulty and cost involved. We have decided to get married and bring some stability to our lives. Due to her personal and medical circumstances, she can't leave California, so it would be me going to her. My understanding of the usual process is that normally she/we would fill in a form granting me K1 visa status - I would be able to live and eventually work in her city, and we would get married within 90 days.
HOWEVER...when she was a teenager she made the mistake (her words) of getting married, and when this very bitterly fell apart soon after, her husband left the country, blocked all communication and effectively disappeared. Only now, 10 years later, has she managed to track him down and convince him to proceed with a divorce (he is completely cooperative and not contesting anything as it turns out he too wants to remarry).
I think I am right in saying that she can't submit forms for K1 visa while technically already married ie waiting for divorce? Also, I have read that under California law, there is a MINIUMUM waiting period of 6 months before a divorce can be finalised - supposedly to allow for couples to work out their differences (under our circumstances this obviously is never going to happen).
Does anyone here have any experience of such a situation? Is there another visa, or avenue we can take that doesn't require us waiting this out? For example, I've read that certain states and territories offer much speedier divorces - the Dominican Republic for example. If she got a divorce elsewhere, would it be recognised in California and by USCIS or whoever else processes the k1 visas?
Any other suggestions or recommendations would be welcome. I know 6 months isn't THAT long in the scheme of things, but its frustrating being kept apart like this arbitrarily - especially when the reason given for having to wait so long does not apply, as BOTH couples involved want the divorce asap. Furthermore, due to the afformentioned medical and personal reasons, my girlfriend isn't 'in a good place' really, and could do with my help and support.
Thanks in advance!
HOWEVER...when she was a teenager she made the mistake (her words) of getting married, and when this very bitterly fell apart soon after, her husband left the country, blocked all communication and effectively disappeared. Only now, 10 years later, has she managed to track him down and convince him to proceed with a divorce (he is completely cooperative and not contesting anything as it turns out he too wants to remarry).
I think I am right in saying that she can't submit forms for K1 visa while technically already married ie waiting for divorce? Also, I have read that under California law, there is a MINIUMUM waiting period of 6 months before a divorce can be finalised - supposedly to allow for couples to work out their differences (under our circumstances this obviously is never going to happen).
Does anyone here have any experience of such a situation? Is there another visa, or avenue we can take that doesn't require us waiting this out? For example, I've read that certain states and territories offer much speedier divorces - the Dominican Republic for example. If she got a divorce elsewhere, would it be recognised in California and by USCIS or whoever else processes the k1 visas?
Any other suggestions or recommendations would be welcome. I know 6 months isn't THAT long in the scheme of things, but its frustrating being kept apart like this arbitrarily - especially when the reason given for having to wait so long does not apply, as BOTH couples involved want the divorce asap. Furthermore, due to the afformentioned medical and personal reasons, my girlfriend isn't 'in a good place' really, and could do with my help and support.
Thanks in advance!
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