divorce..need help

[luve1 0]

hi,

guys when u file papers for a divorce and the judge signs them is it final at that point? for example. you filed ur petition on jan 2006 and ur divorce was final on dec 2005. can you file them for ur fiance , even if you have a cooling off period of 30 days.. the divorce was final but the waiting period had not expired yet. some people sy its fine couse the divorce was legally terminated. whats ur take?

[babybunny 2]

in the state of texas. my divorce was final the moment the judge

stamped the paper. after that you have to find out if there is a cool off period in your state. there is 30days wait after the judge final the divorce in texas. this allows parties to reconsider. in this 30 days you cant marry unless you get a waiver from the judge at the time of the divorce. having said that. this is how it is in texas. dont know about your state.

I would wait til the cool off phase is over.

[Cassie 8]

My husband got his final divorce decree 4 months (mid-february) before we applied for the K-1 (June). But if we wanted to get married in Oklahoma, we weren't allowed to get married there before mid-August. So that meant we applied before the waiting period was over. We personally had no problems from that.

The key of the visa is proving that you are free to marry.

[babybunny 2]

I read this wrong. divorced DEC 2005. you filed Jan 2006

I dont see a problem. but, personally I would have waited the 30 days.

but, you filed already.

[meddykomp 0]

I guess this is something I don't understand since where I live I can walk out of the family court building and cross the street and get remarried the same day.

[luve1 0]

yes,

i was reading the papers. it just hit me about the waiting period. it has already make it thru noa1 and noa2.. its interview time now.

[diadromous mermaid 36]

yes,

i was reading the papers. it just hit me about the waiting period. it has already make it thru noa1 and noa2.. its interview time now.

I'd presume that any cooling off period, after decree final, works to inhibit a marriage certificate from being issued. Does the divorce decree state this time period in the language of the Judgment? These statutes are under state jurisdiction, and if it is not mentioned in the decree I doubt the consulate would be any the wiser.

[luve1 0]

yes,

i was reading the papers. it just hit me about the waiting period. it has already make it thru noa1 and noa2.. its interview time now.

thanks for replies. all is i know it says divorce decree at top with the date the judge signs it. it say divorce is final. then below that it says u cannot remarry for 30 days after divorce is final. its like contradictory.

[Jaylen Brit 0]

Im not sure why this would an issue..you havent re-married yet have you? You're 'engaged' and all that is is a statement of INTENTION to marry - its not a legal situation, just a civil one.. no docs are signed.

You can't marry anyways til after your K1 is issued and you are Stateside by which time 30 days are sure to have elapsed either way.

[john_and_marlene 162]

Im not sure why this would an issue..you havent re-married yet have you? You're 'engaged' and all that is is a statement of INTENTION to marry - its not a legal situation, just a civil one.. no docs are signed.

You can't marry anyways til after your K1 is issued and you are Stateside by which time 30 days are sure to have elapsed either way.

I thought both the beneficiary and the petitioner had to be legally able to marry prior to submitting the application. I wonder if they didn't take note of the waiting statement or if it is routinely waived because they got the petition approved. In any case ... this is why it might be an issue.

[luve1 0]

Im not sure why this would an issue..you havent re-married yet have you? You're 'engaged' and all that is is a statement of INTENTION to marry - its not a legal situation, just a civil one.. no docs are signed.

You can't marry anyways til after your K1 is issued and you are Stateside by which time 30 days are sure to have elapsed either way.

I thought both the beneficiary and the petitioner had to be legally able to marry prior to submitting the application. I wonder if they didn't take note of the waiting statement or if it is routinely waived because they got the petition approved. In any case ... this is why it might be an issue.

thats why its confusing. it say u ,must have proof all marriages are legally terminated ,which mine was. im not married. i already have noa1 and noa2.. i know they would have read all the docs and if it presented a problem i know i would have got a rfe or denied at ins level.

Edited March 16, 2006 by luve1

[john_and_marlene 162]

When I got divorced in Nebraska, the waiting period was 1 year.

[luve1 0]

When I got divorced in Nebraska, the waiting period was 1 year.

i would die if mine was 1 year. its long enough process like it is

[john_and_marlene 162]

When I got divorced in Nebraska, the waiting period was 1 year.

i would die if mine was 1 year. its long enough process like it is

That year was over for me 17 years ago. It did not interfere with anything as I was not in any hurry to marry again.

[luve1 0]

When I got divorced in Nebraska, the waiting period was 1 year.

i would die if mine was 1 year. its long enough process like it is

That year was over for me 17 years ago. It did not interfere with anything as I was not in any hurry to marry again.

haha... i had to wait for my divorce to be legal before i sent. almost 1 year for me..the judge finallsigns it .now i have to worry about this waiting period