Concerns regarding final decree of divorce and K-2

[Claire and Troy 2]

Hello everyone.

It's been quite some time since we've posted here and are just now about to begin our K-1 process. We have been waiting for quite some time for my final decree of divorce and it's finally arrived.

Our concern is this.

In my decree it states that parties are prohibited from contracting marriage with any other persons until (30) days after the entry of the decree, unless an appeal is taken, and that any marriage contracted before the expiration of that date shall be voidable until the decree becomes final. An agreement which waives the right to appeal from the granting of the divorce and which is incorporated into the decree shall be effective to shorten the period of time during which the marriage is voidable. My ex and I agreed to include such an agreement waiving the right to appeal.

I'm not looking for legal advise but I'm a bit worried about the wording of the decree since we've been planning to begin our filing as soon as I had it in hand. Thoughts?

Also, it's been a bit of a struggle to find the exact process one uses to facilitate the K-2 visa for my fiance's child. I think I have most of it nailed down, however there remains some gray areas. I've found conflicting reports about whether or not a G-325A is required for her child who is under 10 years of age. Most sources say no. I've also read that children under age 14 are not required to attend the visa interview in London and was curious about how the visa is approved and issued without the child being present.

Thanks for reading,

Troy

[Ban Hammer 13,346]

from what i'm understanding of that decree, you have to wait at least 30 days after the date on it before you can marry (longer if it's appealed). so in essence, you are not "free to marry" until that 30 days passes, and any paperwork submitted prior to that 30 days later date may be a waste of money as one requirement is that you must be "free to marry" when submitting k-1 paperwork.

Edited May 14, 2009 by charles!

[blue123 0]

Hello everyone.

It's been quite some time since we've posted here and are just now about to begin our K-1 process. We have been waiting for quite some time for my final decree of divorce and it's finally arrived.

Our concern is this.

In my decree it states that parties are prohibited from contracting marriage with any other persons until (30) days after the entry of the decree, unless an appeal is taken, and that any marriage contracted before the expiration of that date shall be voidable until the decree becomes final. An agreement which waives the right to appeal from the granting of the divorce and which is incorporated into the decree shall be effective to shorten the period of time during which the marriage is voidable. My ex and I agreed to include such an agreement waiving the right to appeal.

I'm not looking for legal advise but I'm a bit worried about the wording of the decree since we've been planning to begin our filing as soon as I had it in hand. Thoughts?

Also, it's been a bit of a struggle to find the exact process one uses to facilitate the K-2 visa for my fiance's child. I think I have most of it nailed down, however there remains some gray areas. I've found conflicting reports about whether or not a G-325A is required for her child who is under 10 years of age. Most sources say no. I've also read that children under age 14 are not required to attend the visa interview in London and was curious about how the visa is approved and issued without the child being present.

Thanks for reading,

Troy

Can't help on divorce issue but if child doesn't attend interview I would have thought that she will just have to bring child's passport.

[SirJon 0]

Hello everyone.

It's been quite some time since we've posted here and are just now about to begin our K-1 process. We have been waiting for quite some time for my final decree of divorce and it's finally arrived.

Our concern is this.

In my decree it states that parties are prohibited from contracting marriage with any other persons until (30) days after the entry of the decree, unless an appeal is taken, and that any marriage contracted before the expiration of that date shall be voidable until the decree becomes final. An agreement which waives the right to appeal from the granting of the divorce and which is incorporated into the decree shall be effective to shorten the period of time during which the marriage is voidable. My ex and I agreed to include such an agreement waiving the right to appeal.

I'm not looking for legal advise but I'm a bit worried about the wording of the decree since we've been planning to begin our filing as soon as I had it in hand. Thoughts?

Also, it's been a bit of a struggle to find the exact process one uses to facilitate the K-2 visa for my fiance's child. I think I have most of it nailed down, however there remains some gray areas. I've found conflicting reports about whether or not a G-325A is required for her child who is under 10 years of age. Most sources say no. I've also read that children under age 14 are not required to attend the visa interview in London and was curious about how the visa is approved and issued without the child being present.

Thanks for reading,

Troy

I would think that means that you can't enter into a contract of marriage in 30 days of the decree being granted, which would not be happening if you are applying for a K-1 visa.

Can't help you on the K-2 bit unfortunately.

Good luck with your application!

[payxibka 10,045]

Hello everyone.

It's been quite some time since we've posted here and are just now about to begin our K-1 process. We have been waiting for quite some time for my final decree of divorce and it's finally arrived.

Our concern is this.

In my decree it states that parties are prohibited from contracting marriage with any other persons until (30) days after the entry of the decree, unless an appeal is taken, and that any marriage contracted before the expiration of that date shall be voidable until the decree becomes final. An agreement which waives the right to appeal from the granting of the divorce and which is incorporated into the decree shall be effective to shorten the period of time during which the marriage is voidable. My ex and I agreed to include such an agreement waiving the right to appeal.

I'm not looking for legal advise but I'm a bit worried about the wording of the decree since we've been planning to begin our filing as soon as I had it in hand. Thoughts?

Also, it's been a bit of a struggle to find the exact process one uses to facilitate the K-2 visa for my fiance's child. I think I have most of it nailed down, however there remains some gray areas. I've found conflicting reports about whether or not a G-325A is required for her child who is under 10 years of age. Most sources say no. I've also read that children under age 14 are not required to attend the visa interview in London and was curious about how the visa is approved and issued without the child being present.

Thanks for reading,

Troy

A fiance(e)'s child is granted derivative benefit based on the approved petition of the parent. The ONLY requirement for the child to be eligible to apply for a visa is to be named on the parent's approved I-129F. Nothing more. No G-325a regardless of the child's age. The K-2 process begins with the consulate when you actually apply for the visa (DS-156 et al...).

[Claire and Troy 2]

Thank you for the replies. I'm pretty solid on the K-2 process now.

I spoke to my attorney and basically he told me that the wording in the decree means that even though both parties have waived right to appeal the decree isn't final for 30 days even though it doesn't say exactly that. Evidently they leave that open for *any* appeal and the court has jurisdiction over the decree for 30 days from filing. He also said that remarriage would likely not be challenged but didn't think it was worth the risk for something this important.

We're both a bit sick over the news. Some would say, "It's just another 30 days". But after what we've already been through with waiting on things, putting our lives on hold, etc...it's yet another obstacle that is creating more heartache.

[Gary and Alla 3,694]

Hello everyone.

It's been quite some time since we've posted here and are just now about to begin our K-1 process. We have been waiting for quite some time for my final decree of divorce and it's finally arrived.

Our concern is this.

In my decree it states that parties are prohibited from contracting marriage with any other persons until (30) days after the entry of the decree, unless an appeal is taken, and that any marriage contracted before the expiration of that date shall be voidable until the decree becomes final. An agreement which waives the right to appeal from the granting of the divorce and which is incorporated into the decree shall be effective to shorten the period of time during which the marriage is voidable. My ex and I agreed to include such an agreement waiving the right to appeal.

I'm not looking for legal advise but I'm a bit worried about the wording of the decree since we've been planning to begin our filing as soon as I had it in hand. Thoughts?

Also, it's been a bit of a struggle to find the exact process one uses to facilitate the K-2 visa for my fiance's child. I think I have most of it nailed down, however there remains some gray areas. I've found conflicting reports about whether or not a G-325A is required for her child who is under 10 years of age. Most sources say no. I've also read that children under age 14 are not required to attend the visa interview in London and was curious about how the visa is approved and issued without the child being present.

Thanks for reading,

Troy

It is simple really. You are divorced, true. But ordered by a court not to get married for 30 days. The I-129f petition requires that BOTH parties be "free to marry" at the time the petition is filed. You are not free to marry and cannot file a petition until you are. Get it ready and take it to the post office 31 days after the date on the decree.

There is no "process" with the petition for a K-2. List ALL children under 21 and send it off. No G-325a needed. When the apporvedpetition gets forwarded to the embassy you will fill out seprate visa applications, medicals, I-134s, the works and present them at the interview. Any child listed on the petition, under age 21 and not married, is eligible to also apply for a K-2 visa within one year of the K-1 being issued (or at the same time)

We did one of each, one with the K-1 and now one this year, K-2 to follow. It is not difficult, just a lot of dulicating paperwork. Each is a separate visa, separate AOS fees, separate aplication fee for the interview, separate medical.

Good luck

[Gary and Alla 3,694]

Hello everyone.

It's been quite some time since we've posted here and are just now about to begin our K-1 process. We have been waiting for quite some time for my final decree of divorce and it's finally arrived.

Our concern is this.

In my decree it states that parties are prohibited from contracting marriage with any other persons until (30) days after the entry of the decree, unless an appeal is taken, and that any marriage contracted before the expiration of that date shall be voidable until the decree becomes final. An agreement which waives the right to appeal from the granting of the divorce and which is incorporated into the decree shall be effective to shorten the period of time during which the marriage is voidable. My ex and I agreed to include such an agreement waiving the right to appeal.

I'm not looking for legal advise but I'm a bit worried about the wording of the decree since we've been planning to begin our filing as soon as I had it in hand. Thoughts?

Also, it's been a bit of a struggle to find the exact process one uses to facilitate the K-2 visa for my fiance's child. I think I have most of it nailed down, however there remains some gray areas. I've found conflicting reports about whether or not a G-325A is required for her child who is under 10 years of age. Most sources say no. I've also read that children under age 14 are not required to attend the visa interview in London and was curious about how the visa is approved and issued without the child being present.

Thanks for reading,

Troy

Can't help on divorce issue but if child doesn't attend interview I would have thought that she will just have to bring child's passport.

No problem at all. Our 13 year old (at the time) did not attend. He is in his mother's passport (I strongly suggest you get their own, saves trouble down the road) The mother can sign all forms for the child. You did need a passport for them or have them in parents passport (depends on country) There was not a question about why he did not attend. By the time we did AOS he was 14, had to go for biometrics and the interview byt they never asked him a question. He was pretty annoyed at having to do something so "boring" for "nothing". I forgot how difficult life is when you are 14.

[Jauque 1]

Hello everyone.

It's been quite some time since we've posted here and are just now about to begin our K-1 process. We have been waiting for quite some time for my final decree of divorce and it's finally arrived.

Our concern is this.

In my decree it states that parties are prohibited from contracting marriage with any other persons until (30) days after the entry of the decree, unless an appeal is taken, and that any marriage contracted before the expiration of that date shall be voidable until the decree becomes final. An agreement which waives the right to appeal from the granting of the divorce and which is incorporated into the decree shall be effective to shorten the period of time during which the marriage is voidable. My ex and I agreed to include such an agreement waiving the right to appeal.

I'm not looking for legal advise but I'm a bit worried about the wording of the decree since we've been planning to begin our filing as soon as I had it in hand. Thoughts?

Also, it's been a bit of a struggle to find the exact process one uses to facilitate the K-2 visa for my fiance's child. I think I have most of it nailed down, however there remains some gray areas. I've found conflicting reports about whether or not a G-325A is required for her child who is under 10 years of age. Most sources say no. I've also read that children under age 14 are not required to attend the visa interview in London and was curious about how the visa is approved and issued without the child being present.

Thanks for reading,

Troy

Can't help on divorce issue but if child doesn't attend interview I would have thought that she will just have to bring child's passport.

No problem at all. Our 13 year old (at the time) did not attend. He is in his mother's passport (I strongly suggest you get their own, saves trouble down the road) The mother can sign all forms for the child. You did need a passport for them or have them in parents passport (depends on country) There was not a question about why he did not attend. By the time we did AOS he was 14, had to go for biometrics and the interview byt they never asked him a question. He was pretty annoyed at having to do something so "boring" for "nothing". I forgot how difficult life is when you are 14.

I'm glad I read this, I thought I had to bring my four year old to the interview. She is however required to get a medical is that correct?

[payxibka 10,045]

I'm glad I read this, I thought I had to bring my four year old to the interview. She is however required to get a medical is that correct?

Yes