Mexican Divorce

[douglas1 0]

I am VERY worried - My fiancees Mexican Divorce decree states she can not remarry for 1 year, and her divorce only happened on Sept 17, 2009.

Are we out of luck or does this not apply to a wedding in the US?

[Chica Yeyé 41]

I believe that applies if she wants to remarry in Mexico. But I am not sure. Hope someone else can chime in.

[JimVaPhuong 4,863]

As long as the divorce is final, it should be recognized in the US, and she should be free to marry in any US state. Mexican law doesn't restrict the validity of the divorce - it only restricts the eligibility of the divorcee (in some Mexican states the law only affects women) in getting another marriage license. The intent of the law is to prevent a man from marrying a woman who is pregnant with the child from the previous marriage, and becoming the presumed biological father of the child.

[Chica Yeyé 41]

It can be recognized brother Jim, but she would still not be eligible to marry. Been there done that.

[JimVaPhuong 4,863]

It can be recognized brother Jim, but she would still not be eligible to marry. Been there done that.

She doesn't have to be eligible to marry in Mexico. She has to be eligible to marry in the US state where the marriage will take place. The divorce decree is enough to establish that. She doesn't need a marriage license from Mexico.

[Gary and Alla 3,694]

It can be recognized brother Jim, but she would still not be eligible to marry. Been there done that.

She doesn't have to be eligible to marry in Mexico. She has to be eligible to marry in the US state where the marriage will take place. The divorce decree is enough to establish that. She doesn't need a marriage license from Mexico.

here is the key.

Some US States also do this. Wisconsin is a notable example. What they do is delay the final effectiveness of the divorce for 6 months, during which time either party can appeal the decision. the divorce is "final" but is not "entered" for 6 months. This essentially shuts out the divorcee from marrying ANYWHERE until after 6 months has passed.

If the Mexican divorce is final, and has been entered as such, and there is just a Mexican state law prohibiting marriage for one year, that would not apply to a marriage in the USA. The divorce would be recognized as final and the prohibition has no effect in the US. If, on the other hand, it is a delayed entry (like Wisconsin does) you are out of luck for a year.

A good "insurance policy" may be to have her send or email a copy of this divorce to you. Take it to YOUR local marriage authority (town clerk here in Vermont) county clerk, whatever. Ask them if her divorce is acceptable for issuance of a marriage license in that state, county, whatever it is. If they say "YES" you are good to go. Get them to give you something saying they accept that as a valid divorce and that they determined she is eligible to be married. Talk to a supervisor if you need to, this is probably way over the front desk clerk's head.

Attach that to the petition and you are golden! You are sending off a non-refundable $455 fee, probably best to delay a day or two and check it out.

[douglas1 0]

A good "insurance policy" may be to have her send or email a copy of this divorce to you. Take it to YOUR local marriage authority (town clerk here in Vermont) county clerk, whatever. Ask them if her divorce is acceptable for issuance of a marriage license in that state, county, whatever it is. If they say "YES" you are good to go. Get them to give you something saying they accept that as a valid divorce and that they determined she is eligible to be married. Talk to a supervisor if you need to, this is probably way over the front desk clerk's head.

Attach that to the petition and you are golden! You are sending off a non-refundable $455 fee, probably best to delay a day or two and check it out.

That is brilliant!

I actually just rx'd the decree from her and sent it out tonight to get translated. And it sure does look like a final decree, and the "1 year" is a law in Mexico..that is why we decided to go with K1 instead of K3.

I do hope someone here has dealt wit this the same situation

I also think I need to go see a lawyer about this.

[Gary and Alla 3,694]

A good "insurance policy" may be to have her send or email a copy of this divorce to you. Take it to YOUR local marriage authority (town clerk here in Vermont) county clerk, whatever. Ask them if her divorce is acceptable for issuance of a marriage license in that state, county, whatever it is. If they say "YES" you are good to go. Get them to give you something saying they accept that as a valid divorce and that they determined she is eligible to be married. Talk to a supervisor if you need to, this is probably way over the front desk clerk's head.

Attach that to the petition and you are golden! You are sending off a non-refundable $455 fee, probably best to delay a day or two and check it out.

That is brilliant!

I actually just rx'd the decree from her and sent it out tonight to get translated. And it sure does look like a final decree, and the "1 year" is a law in Mexico..that is why we decided to go with K1 instead of K3.

I do hope someone here has dealt wit this the same situation

I also think I need to go see a lawyer about this.

Glad to help

Just to confuse you more. As a Mexican citizen, she can come here anytime on the VWP. You could get married here and then apply for the CR-1. She can visit here while it is processed (as long as they allow her to visit, I think up to 180- days at a time). So the Mexican divorce thing is no reason to avoid a K-3 (CR-1 is better) But maybe you want the K-1 route...up to you, but the divorce should not be the deciding factor. Also if you get married before filing the papers there is no question about the divorce being legal and no risk of losing $455.

You probably do not need a lawyer for the K-1 process, but it would not be a bad idea to get a legal opinion about the divroce, I would be cheap and check with the county clerk first. If they are willing to issue a marriage lisence...what's the problem?

If it were ME, I would check with the county clerk, if all was OK, I would fly her up here and marry her now and then file for a CR-1. Just me. To my way of thinking (muddled at times I admit) K-1s just do not seem to be a good choice for a Canadian or Mexican that can easily come anytime they want. I live 6 miles from Canada. What if I met a woman in Quebec? Go to any kind of social function here and half the people are from Quebec, if not more than half...it can happen easily. So she comes here on a fiancee visa and can't go back to Quebec, SIX MILES AWAY for several months???????!!!!!!!!!!!! HELL no! I would marry her, file for a CR-1 and visit each other as desired for a few months. She could continue a job, she could start a new job immediately when she arrived, and travel back to Canada immediately.

Edited September 22, 2009 by Gary and Alla

[Chica Yeyé 41]

Gary, sorry to burst your bubble, but Mexico is not part of the VWP. She would need a B2 visa to come as a tourist.

As for the divorce decree, just double check.

[Gary and Alla 3,694]

Gary, sorry to burst your bubble, but Mexico is not part of the VWP. She would need a B2 visa to come as a tourist.

As for the divorce decree, just double check.

What? Really? I thought there was some arrangement with USA/Canada/Mexico and Carribean about that. Well, my bubble is burst! OK then, maybe the K-1 is the best route for her after all. My comments regarding Canadian fiancees notwithstanding.

I grew up in Texas and traveled to Mexico a lot and it was just about as easy as going back and forth to Canada...I just assumed. Sorry.

[douglas1 0]

Which countries participate in the Visa Waiver Program (VWP)?

Currently, 35 countries participate in the Visa Waiver Program, as shown below:

Andorra Iceland Norway

Australia Ireland Portugal

Austria Italy San Marino

Belgium Japan Singapore

Brunei Latvia Slovakia

Czech Republic Liechtenstein Slovenia

Denmark Lithuania South Korea

Estonia Luxembourg Spain

Finland Malta Sweden

France Monaco Switzerland

Germany the Netherlands United Kingdom

Hungary New Zealand

[SuperDuper! 230]

It can be recognized brother Jim, but she would still not be eligible to marry. Been there done that.

Says who in the US, though? Please elaborate and even expound.

[TBoneTX 45,284]

I grew up in Texas and traveled to Mexico a lot and it was just about as easy as going back and forth to Canada...

That's OK... it certainly isn't easy now, not even for USCs (still on the U.S. side!) who wish to go to Mexico through certain, uh, ports of exit. Getting back in is a whole nuther hassle, ouch man. A subject for another thread in another forum, or possibly an entire book about our eroding freedoms, si man...

[Boiler 45,486]

I have ben to Mexico 3 times, no problems, no erosion of freedoms etc etc.

But when you think about it the concept of Mexicans being able to use the VWP is quite funny.

Actually Canadians can not either, but they have their own system.

[Chica Yeyé 41]

Once again: Mexico is not part of the VWP.

Mexican citizens NEED a visa to come to the US.

USC's or LPRs do not need one to go to Mexico.