Waiting period after divorce.

[Ontarkie 14,228]

If they got married in a different state would'nt that state want the final divorce decree or not. USCIs will want it and that final divorce decree will be dated after the 6mo waiting period is up. Not sure if it would matter what petition they file for.

Anyways just something i thought I would mention.

[Gary and Alla 3,694]

The USCIS has the "right" to do many things... whether this is one or not I am not qualified to say... and may I be so bold as to say, neither are you...

Certainly you may be so bold. I will only say this. For the I-129f petitionof a K-1 visa, the phase in question, the USCIS passes no judgement on marriage, they need to see the divorce certificate. They do not need to to recognize a marriage for a K-1 (for a K-3, yes), they need to recognize a divorce.

For my $455, I would send it before the ink was dry on the divorce. I would appeal it if they denied it, all of that would probably take less than the 6 months they will wait otherwise. But I cannot tell the OP what to do.

[Chaz and Riggs 0]

I would file it... 6 months is so short a time when it comes to K1 processing, that by the time your fiance has the visa to get married, your 6 months are way over. You've even got another 3 months to get married. I doubt the K1 would be done and ready in less than 3 months.

[KimandRuss 0]

You need to wait. Trust me. I tried to find any way around this that I could.

In Massachusetts there is a 120 day (nisi) period after you go to court in which you must wait for the divorce to be considered 'final'. This is when you get your decree of absolute and must submit this as proof of divorce with the I129f.

It's not as simple as going to another state to marry. You must be 'legally' divorced before you can re-marry. If you are not free to marry, you are not free to petition and alien fiance.

DO NOT do as suggested above and file before this time or you will most likely not only have your petition returned but you will also lose your filing fee.