can i apply for a k1 fiancee visa, while still legally married?
if i state that i never married, what chance of getting caught am i taking.
You will not be able to apply for K1 visa. K1 visa is strictly for fiance(e).
If you are legally married then you can apply for K3 visa.
This question is 2 years old but I'll answer this for the sake of those who will read this. No you cannot file k1 visa if one of you is still married. You will be asked to provide some proof of being legally to marry like divorce papers, death certificate or a certificate of singleness.
DO NOT NOT EVER LIE. If the beneficiary is married to the petitioner, then you can either file for K3 or CR1 (less than 2 years married) or IR1 (married for 2 years or more).
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