K1 process and divorce/marriage laws in wisconsin

[diadromous mermaid 36]

They are two different issues. No contradiction.

I would not be concerned at all about the six month waiting period to remarry, where the filing of the K1 is concerned. But if you are really concerned about this, suggest you ask an immigration attorney.

If you are not actually divorced for the 120 days, then my interpretation is that you are not free to marry and cannot file for the K1.

The two above statements seem to be contradictory. Which position are you taking?

Really?

I would not be concerned at all about the six month waiting period to remarry, where the filing of the K1 is concerned.

isn't that saying that you don't think it is an issue?

and then

If you are not actually divorced for the 120 days, then my interpretation is that you are not free to marry and cannot file for the K1.

here you are saying that it is?

[CairoBound 0]

Hi - having gone through the same thing for the past 2 years (divorce) and also being that I live in Wisconsin - I can honestly tell you that you have to wait. I got married in another country and they would not allow us to marry until I showed them the divorce certificate and they asked if I knew if my state had any restrictions on remarriage. When I said that I didn't think so - they looked it up on the computer and she said that there is a 6 month waiting period after it's final. She said that had I not waited that we would not be allowed to get married.

Sorry for the bad news. But in the meantime - I'd apply for the K1 visa.

[diadromous mermaid 36]

I would like to clarify what several members are posting here. Are you saying that simply being divorced in Wisconsin, yet still unable to marry until the 120 days has elapsed, you are technically "free to marry" for K-1 petitioning purposes? Your position is that you can petition but you just *can't* marry yet ?

Edited June 18, 2006 by diadromous mermaid

[eclowjpd 0]

Yes, waiting for the divorce to be final, and the waiting period to remarry are two different issues. Apply for the K1 regardless of a waiting period to remarry.

Hi - having gone through the same thing for the past 2 years (divorce) and also being that I live in Wisconsin - I can honestly tell you that you have to wait. I got married in another country and they would not allow us to marry until I showed them the divorce certificate and they asked if I knew if my state had any restrictions on remarriage. When I said that I didn't think so - they looked it up on the computer and she said that there is a 6 month waiting period after it's final. She said that had I not waited that we would not be allowed to get married.

Sorry for the bad news. But in the meantime - I'd apply for the K1 visa.

Yes, waiting for the divorce to be final, and a waiting period to remarry are two different issues.

They are two different issues. No contradiction.

I would not be concerned at all about the six month waiting period to remarry, where the filing of the K1 is concerned. But if you are really concerned about this, suggest you ask an immigration attorney.

If you are not actually divorced for the 120 days, then my interpretation is that you are not free to marry and cannot file for the K1.

The two above statements seem to be contradictory. Which position are you taking?

Really?

I would not be concerned at all about the six month waiting period to remarry, where the filing of the K1 is concerned.

isn't that saying that you don't think it is an issue?

and then

If you are not actually divorced for the 120 days, then my interpretation is that you are not free to marry and cannot file for the K1.

here you are saying that it is?

[desert_fox 32]

Yes, waiting for the divorce to be final, and the waiting period to remarry are two different issues. Apply for the K1 regardless of a waiting period to remarry.

Hi - having gone through the same thing for the past 2 years (divorce) and also being that I live in Wisconsin - I can honestly tell you that you have to wait. I got married in another country and they would not allow us to marry until I showed them the divorce certificate and they asked if I knew if my state had any restrictions on remarriage. When I said that I didn't think so - they looked it up on the computer and she said that there is a 6 month waiting period after it's final. She said that had I not waited that we would not be allowed to get married.

Sorry for the bad news. But in the meantime - I'd apply for the K1 visa.

Yes, waiting for the divorce to be final, and a waiting period to remarry are two different issues.

They are two different issues. No contradiction.

I would not be concerned at all about the six month waiting period to remarry, where the filing of the K1 is concerned. But if you are really concerned about this, suggest you ask an immigration attorney.

If you are not actually divorced for the 120 days, then my interpretation is that you are not free to marry and cannot file for the K1.

The two above statements seem to be contradictory. Which position are you taking?

Really?

I would not be concerned at all about the six month waiting period to remarry, where the filing of the K1 is concerned.

isn't that saying that you don't think it is an issue?

and then

If you are not actually divorced for the 120 days, then my interpretation is that you are not free to marry and cannot file for the K1.

here you are saying that it is?

Totally worng...submitting the petition and waitind to get married are not two different issues. They wont even consider the petition unless you are free to marry. Being able to get married in six months doesnt count. If you are not free to get married, then dont submit the petition. Read the instruction again on the I-129F.

[undeadmike 0]

I have read the instructions on the I-129f. And to clarify that to some members, it's not about the 120 day period until the divorce is final, its about the 6 months waiting period after the divorce is final.

I know that she has to be free to marry to file for the petition. But this is actually a pretty foggy sentence. If you look further down in the instructions, it says under "7. What documents do you need to prove you can legally marry?": D. If either of you or fiancé(e) have been married before, give documents showing that each prior marriage was legally terminated.

This document would be the divorce decree, which she gets after the divorce is final and from that point on the 6 months waiting period counts.

Again.... the question is not wether we can get married in those 6 months, it's about wether the divorce decree is considered proof of a terminated marriage to the USCIS, enabling us at least start the filing process and not have to wait another 6 months doing nothing.

[eclowjpd 0]

You are confusing things. Yes, he cannot submit petition until he is divorced, but a waiting period in his state for remarrying does not prevent him from filing the petition.

Yes, waiting for the divorce to be final, and the waiting period to remarry are two different issues. Apply for the K1 regardless of a waiting period to remarry.

Hi - having gone through the same thing for the past 2 years (divorce) and also being that I live in Wisconsin - I can honestly tell you that you have to wait. I got married in another country and they would not allow us to marry until I showed them the divorce certificate and they asked if I knew if my state had any restrictions on remarriage. When I said that I didn't think so - they looked it up on the computer and she said that there is a 6 month waiting period after it's final. She said that had I not waited that we would not be allowed to get married.

Sorry for the bad news. But in the meantime - I'd apply for the K1 visa.

Yes, waiting for the divorce to be final, and a waiting period to remarry are two different issues.

They are two different issues. No contradiction.

I would not be concerned at all about the six month waiting period to remarry, where the filing of the K1 is concerned. But if you are really concerned about this, suggest you ask an immigration attorney.

If you are not actually divorced for the 120 days, then my interpretation is that you are not free to marry and cannot file for the K1.

The two above statements seem to be contradictory. Which position are you taking?

Really?

I would not be concerned at all about the six month waiting period to remarry, where the filing of the K1 is concerned.

isn't that saying that you don't think it is an issue?

and then

If you are not actually divorced for the 120 days, then my interpretation is that you are not free to marry and cannot file for the K1.

here you are saying that it is?

Totally worng...submitting the petition and waitind to get married are not two different issues. They wont even consider the petition unless you are free to marry. Being able to get married in six months doesnt count. If you are not free to get married, then dont submit the petition. Read the instruction again on the I-129F.

[eclowjpd 0]

Undead,

I would think that the decree is proof enough unless is contain language related to the waiting period. If you submit a decree with your i129f form that is dated prior to your i129f I think that you would not have a problem. However if the decree contains "120 day" language to the effect that you're not really divorced until a date in the future, then this may be a problem. In theory you will be free to marry, because you have a decree, but if you really are not divorced for another 120 days, then technically you're not free to marry. It may come down to the USCIS person reviewing the petition, and that's risky.

Baring another member having experienced this exact situation, I doubt that anyone can tell you for sure, unless they know the law.

I would get legal advice if the decree contains any language about the 120 day wait, otherwise I would do the petition immediately after getting the decree, if I did not want to wait another 3 months

Good luck

Bill

I have read the instructions on the I-129f. And to clarify that to some members, it's not about the 120 day period until the divorce is final, its about the 6 months waiting period after the divorce is final.

I know that she has to be free to marry to file for the petition. But this is actually a pretty foggy sentence. If you look further down in the instructions, it says under "7. What documents do you need to prove you can legally marry?": D. If either of you or fiancé(e) have been married before, give documents showing that each prior marriage was legally terminated.

This document would be the divorce decree, which she gets after the divorce is final and from that point on the 6 months waiting period counts.

Again.... the question is not wether we can get married in those 6 months, it's about wether the divorce decree is considered proof of a terminated marriage to the USCIS, enabling us at least start the filing process and not have to wait another 6 months doing nothing.

[john_and_marlene 162]

You are confusing things. Yes, he cannot submit petition until he is divorced, but a waiting period in his state for remarrying does not prevent him from filing the petition.

Yes, waiting for the divorce to be final, and the waiting period to remarry are two different issues. Apply for the K1 regardless of a waiting period to remarry.

Hi - having gone through the same thing for the past 2 years (divorce) and also being that I live in Wisconsin - I can honestly tell you that you have to wait. I got married in another country and they would not allow us to marry until I showed them the divorce certificate and they asked if I knew if my state had any restrictions on remarriage. When I said that I didn't think so - they looked it up on the computer and she said that there is a 6 month waiting period after it's final. She said that had I not waited that we would not be allowed to get married.

Sorry for the bad news. But in the meantime - I'd apply for the K1 visa.

Yes, waiting for the divorce to be final, and a waiting period to remarry are two different issues.

They are two different issues. No contradiction.

I would not be concerned at all about the six month waiting period to remarry, where the filing of the K1 is concerned. But if you are really concerned about this, suggest you ask an immigration attorney.

If you are not actually divorced for the 120 days, then my interpretation is that you are not free to marry and cannot file for the K1.

The two above statements seem to be contradictory. Which position are you taking?

Really?

I would not be concerned at all about the six month waiting period to remarry, where the filing of the K1 is concerned.

isn't that saying that you don't think it is an issue?

and then

If you are not actually divorced for the 120 days, then my interpretation is that you are not free to marry and cannot file for the K1.

here you are saying that it is?

Totally worng...submitting the petition and waitind to get married are not two different issues. They wont even consider the petition unless you are free to marry. Being able to get married in six months doesnt count. If you are not free to get married, then dont submit the petition. Read the instruction again on the I-129F.

If you aren't free to marry ... then you aren't free to marry. The requirment doesn't say if you'll be free to marry by the time of the interview.

If the waiting period isn't specifically stated in the decree it might slip by and the petition might get approved, but it would be based on a misrepresentation. If it's subsequently discovered that they were not free to marry when the petition was filed they might very well have some big problems.

You are the one causing the confusion.

[eclowjpd 0]

Undead, sorry I misread your last question.

I don't think the 6 month wait to remarry is at all relevant. I would not even let it enter into the equation, but again, if I were concerned, I would chk with an attorney.

Good luck.

Undead,

I would think that the decree is proof enough unless is contain language related to the waiting period. If you submit a decree with your i129f form that is dated prior to your i129f I think that you would not have a problem. However if the decree contains "120 day" language to the effect that you're not really divorced until a date in the future, then this may be a problem. In theory you will be free to marry, because you have a decree, but if you really are not divorced for another 120 days, then technically you're not free to marry. It may come down to the USCIS person reviewing the petition, and that's risky.

Baring another member having experienced this exact situation, I doubt that anyone can tell you for sure, unless they know the law.

I would get legal advice if the decree contains any language about the 120 day wait, otherwise I would do the petition immediately after getting the decree, if I did not want to wait another 3 months

Good luck

Bill

I have read the instructions on the I-129f. And to clarify that to some members, it's not about the 120 day period until the divorce is final, its about the 6 months waiting period after the divorce is final.

I know that she has to be free to marry to file for the petition. But this is actually a pretty foggy sentence. If you look further down in the instructions, it says under "7. What documents do you need to prove you can legally marry?": D. If either of you or fiancé(e) have been married before, give documents showing that each prior marriage was legally terminated.

This document would be the divorce decree, which she gets after the divorce is final and from that point on the 6 months waiting period counts.

Again.... the question is not wether we can get married in those 6 months, it's about wether the divorce decree is considered proof of a terminated marriage to the USCIS, enabling us at least start the filing process and not have to wait another 6 months doing nothing.

[eclowjpd 0]

What are you talking about? The discussion I am referring too was about waiting period of divorce vs. waiting period to remarry in his state. Have you even read his questions?

You are confusing things. Yes, he cannot submit petition until he is divorced, but a waiting period in his state for remarrying does not prevent him from filing the petition.

Yes, waiting for the divorce to be final, and the waiting period to remarry are two different issues. Apply for the K1 regardless of a waiting period to remarry.

Hi - having gone through the same thing for the past 2 years (divorce) and also being that I live in Wisconsin - I can honestly tell you that you have to wait. I got married in another country and they would not allow us to marry until I showed them the divorce certificate and they asked if I knew if my state had any restrictions on remarriage. When I said that I didn't think so - they looked it up on the computer and she said that there is a 6 month waiting period after it's final. She said that had I not waited that we would not be allowed to get married.

Sorry for the bad news. But in the meantime - I'd apply for the K1 visa.

Yes, waiting for the divorce to be final, and a waiting period to remarry are two different issues.

They are two different issues. No contradiction.

I would not be concerned at all about the six month waiting period to remarry, where the filing of the K1 is concerned. But if you are really concerned about this, suggest you ask an immigration attorney.

If you are not actually divorced for the 120 days, then my interpretation is that you are not free to marry and cannot file for the K1.

The two above statements seem to be contradictory. Which position are you taking?

Really?

I would not be concerned at all about the six month waiting period to remarry, where the filing of the K1 is concerned.

isn't that saying that you don't think it is an issue?

and then

If you are not actually divorced for the 120 days, then my interpretation is that you are not free to marry and cannot file for the K1.

here you are saying that it is?

Totally worng...submitting the petition and waitind to get married are not two different issues. They wont even consider the petition unless you are free to marry. Being able to get married in six months doesnt count. If you are not free to get married, then dont submit the petition. Read the instruction again on the I-129F.

If you aren't free to marry ... then you aren't free to marry. The requirment doesn't say if you'll be free to marry by the time of the interview.

If the waiting period isn't specifically stated in the decree it might slip by and the petition might get approved, but it would be based on a misrepresentation. If it's subsequently discovered that they were not free to marry when the petition was filed they might very well have some big problems.

You are the one causing the confusion.

[undeadmike 0]

Just to make things a little more easy (or worse). It's not the divorce law that is the problem. The divorce gets final after 120 (earliest) and you get your decree and the marriage is terminated. So far so good.

The problem is the marriage law. This states you cant get married as a Wisonsin resident if you had a divorce in the last 6 months.

So yes, she is free to marry, she would just have to actually leave the state to become a resident somewhere else.

Does that shine some more light on how USCIS would view things?

[diadromous mermaid 36]

Just to make things a little more easy (or worse). It's not the divorce law that is the problem. The divorce gets final after 120 (earliest) and you get your decree and the marriage is terminated. So far so good.

The problem is the marriage law. This states you cant get married as a Wisonsin resident if you had a divorce in the last 6 months.

So yes, she is free to marry, she would just have to actually leave the state to become a resident somewhere else.

Does that shine some more light on how USCIS would view things?

I am not familiar with the family law in Wisconsin, other than that I googled to confirm the 120 day restriction. It might be helpful to research the law to find out of what value this time period restriction has. If in fact a marriage performed within the 120 days does what one person on this thread suggested (sorry, I don't recall the member's name) and validates the former marriage, then I'd imagine the divorce is not yet considered legally terminated and final until the 120 days have passed.

[undeadmike 0]

Hehe, maybe the 120 thing confuses the people. Here is a little clarification:

Day of filing for divorce --> after 120 days = Divorce is final, divorce decree gets issued. --> after 6 months, marriage law allows marriage.

So, in plain text: The 120 days are not the issue. They are simply the time it takes the court to process the divorce (it might take longer, but 120 is minimum by law). But if you look in the marriage law, it states there you cannot marry as a WI resident if there has been a divorce within 6 months earlier. She is not even allowed to marry somewhere else if she remains a WI resident (so no trip to Vegas real quick).

But that is state law. She could technically move to a different state where she would be free to marry. So the question is... does USCIS care about the 6 months or not, since she would be free to marry in other states of the US?

Edited June 18, 2006 by undeadmike

[eclowjpd 0]

I don't think that the govt. cares about the 6 month waiting period to remarry in a certain state. But that's just my guess. And I would not care anyway, because I know that it will take at least 6 months to get the visa. You can't marry her in the US until you go through K1 process.

Hehe, maybe the 120 thing confuses the people. Here is a little clarification:

Day of filing for divorce --> after 120 days = Divorce is final, divorce decree gets issued. --> after 6 months, marriage law allows marriage.

So, in plain text: The 120 days are not the issue. They are simply the time it takes the court to process the divorce (it might take longer, but 120 is minimum by law). But if you look in the marriage law, it states there you cannot marry as a WI resident if there has been a divorce within 6 months earlier. She is not even allowed to marry somewhere else if she remains a WI resident (so no trip to Vegas real quick).

But that is state law. She could technically move to a different state where she would be free to marry. So the question is... does USCIS care about the 6 months or not, since she would be free to marry in other states of the US?