6 months wait after a divorce

[flipper 0]

Hello everyone. My fiancee finally got her divorce finished, but in the state of Oklahoma there is a 6 month waiting period befor she can get married again in Oklahoma.

Should we wait, and file after this 6 months is up, or is it ok for us to file sooner if we plan on getting married in a state with a shorter wait period? Does USCIS even care?

Thanks.

[Guitarlo 2]

Hello everyone. My fiancee finally got her divorce finished, but in the state of Oklahoma there is a 6 month waiting period befor she can get married again in Oklahoma.

Should we wait, and file after this 6 months is up, or is it ok for us to file sooner if we plan on getting married in a state with a shorter wait period? Does USCIS even care?

Thanks.

I think it matters what State you file from..... If it's Oklahoma, I would wait the (6) months.

[TBoneTX 45,319]

I think it matters what State you file from...

You think, or you know? Unless you know, please avoid speculating. OP, see this thread:

http://www.visajourney.com/forums/index.php?showtopic=229661

Edited November 23, 2009 by TBoneTX

[SuperDuper! 230]

I think it matters what State you file from...

You think, or you know? Unless you know, please avoid speculating. OP, wait to hear from someone who actually knows.

No need to take people to task here, please.

OP, When a visa petition is filed, you must include "Intent to Marry" signed statements. You can't make these statements unless both parties are currently legally able to marry. You will just have to wait til the signatures are on that divorce decree. Why would you want to jump the gun and put the petition on shaky ground at square one?

A shortcut loophole to avoid the 6 month waiting period will not pay off down the road, and it wont help you sleep better either worrying about it.

Relax, and enjoy the journey. Good things come to those who wait (and do things right the first time).

Good luck and best wishes in your upcoming VJ.

Edited November 23, 2009 by Hopp

[Dakine 26]

I think it matters what State you file from...

You think, or you know? Unless you know, please avoid speculating. OP, see this thread:

http://www.visajourney.com/forums/index.php?showtopic=229661

When it comes to giving advice in the immigration process I THINK doesn't count!

Petitioner can submit a petition to USCIS when they both are legally free and clear to marry.

Edited November 23, 2009 by Dakine

[TBoneTX 45,319]

When it comes to giving advice in the immigration process I THINK doesn't count!

Si, man, and a lot of genuinely bad advice is too prevalent here in the upper forums. THAT is why it's sometimes necessary to take people to task. "Peace." Edited November 23, 2009 by TBoneTX

[SuperDuper! 230]

Wow, seems like things are just dog-eat-dog in today's world!

[pushbrk 12,898]

Wow, seems like things are just dog-eat-dog in today's world!

People's lives, proper expectations and future happiness is at stake. As such, "I think" is not appropriate. Best to wait for definitive advice. Without seeing the actual divorce decree an having a clear understanding of its meaning, you cannot give a definite answer.

[SuperDuper! 230]

Wow, seems like things are just dog-eat-dog in today's world!

People's lives, proper expectations and future happiness is at stake. As such, "I think" is not appropriate. Best to wait for definitive advice. Without seeing the actual divorce decree an having a clear understanding of its meaning, you cannot give a definite answer.

I gave a definite answer. You must be thinking of someone else. And the issue was, "Not what one says, but how he says it". We don't have to take people to task if they give a wrong or opinionated answer. We don't have to brow beat. But if a sledgehammer is the only tool in the toolbox, then that is what will be used.

[Andy-n-Maricar 6]

You are free to marry in another state in less than 6 months as long as you meet the requirements of the other state but you cannot cohabit in the state of Oklahoma until the divorce decree is 6 months old.

The Oklahoma Statute you are concerned about is Title 43, Section 123.

§43-123. Remarriage and cohabitation - Appeal from judgment.

It shall be unlawful for either party to an action for divorce whose former husband or wife is living to marry in this state a person other than the divorced spouse within six (6) months from date of decree of divorce granted in this state, or to cohabit with such other person in this state during said period if the marriage took place in another state; and if an appeal be commenced from said decree, it shall be unlawful for either party to such cause to marry any other person and cohabit with such person in this state until the expiration of thirty (30) days from the date on which final judgment shall be rendered pursuant to such appeal. Any person violating the provisions of this section by such marriage shall be deemed guilty of the felony of bigamy. Any person violating the provisions of this section by such cohabitation shall be deemed guilty of the felony of adultery.

I am not a lawyer and this is not legal advice, only my opinion.

[Gary and Alla 3,694]

Hello everyone. My fiancee finally got her divorce finished, but in the state of Oklahoma there is a 6 month waiting period befor she can get married again in Oklahoma.

Should we wait, and file after this 6 months is up, or is it ok for us to file sooner if we plan on getting married in a state with a shorter wait period? Does USCIS even care?

Thanks.

Both parties must be "free to marry" at the time the petition is filed. Have your fiance(e) pose this question to his/her divorce attorney. There are too many legal aspects we do no tknow about to give an answer here

[Lisa and Ian 7]

Hello everyone. My fiancee finally got her divorce finished, but in the state of Oklahoma there is a 6 month waiting period befor she can get married again in Oklahoma.

Should we wait, and file after this 6 months is up, or is it ok for us to file sooner if we plan on getting married in a state with a shorter wait period? Does USCIS even care?

Thanks.

Both parties must be "free to marry" at the time the petition is filed. Have your fiance(e) pose this question to his/her divorce attorney. There are too many legal aspects we do no tknow about to give an answer here

I live in a state where there is a 6 month requirement also. I phoned USCIS before we filed our petition and they said we could not file until I was legally free to marry.

BTW, my attorney sent a letter after my divorce was finalized saying, "You cannot legally marry anywhere in the world until the 6 month wait has expired."

Edited November 23, 2009 by Ian and Lisa

[SunDrop 59]

Hello everyone. My fiancee finally got her divorce finished, but in the state of Oklahoma there is a 6 month waiting period befor she can get married again in Oklahoma.

Should we wait, and file after this 6 months is up, or is it ok for us to file sooner if we plan on getting married in a state with a shorter wait period? Does USCIS even care?

Thanks.

Both parties must be "free to marry" at the time the petition is filed. Have your fiance(e) pose this question to his/her divorce attorney. There are too many legal aspects we do no tknow about to give an answer here

I live in a state where there is a 6 month requirement also. I phoned USCIS before we filed our petition and they said we could not file until I was legally free to marry.

BTW, my attorney sent a letter after my divorce was finalized saying, "You cannot legally marry anywhere in the world until the 6 month wait has expired."

So if the USC is resident in a state with this law, but the beneficiary is abroad (obviously) and it's the beneficiary who is recently divorced (namely the USC is free to marry) then you're not bound by this law? Or do I need to find out if Arizona has such a law?

[Scott and Mhay 57]

you know the way the older member jump down throats here because someone says "I think" is not really necessary. I know if i ask a question and someone says "i think"....i wait until there is a general concensus... Not take the first reply as the correct answer. there are better tactical ways to go about that. You may scare off new members that would continue to be members here. They may not want to stay here and get the information that they need but muddle through it alone. I know I have tried to answer questions and i got beat down for it...where the person that did the beating answered the question and could have just told me i was wrong.

Besides that person that got yelled at (IMO) did give correct advice. I know i reply to some threads just to bump them up since no one has replied to them.

Ok I'm off my soapbox now.

feel free to hit me in the head.

[Rob and Jill 82]

Any person violating the provisions of this section by such marriage shall be deemed guilty of the felony of bigamy. Any person violating the provisions of this section by such cohabitation shall be deemed guilty of the felony of adultery.

WOW. A divorced felon of bigamy. Leave it to Oklahoma to have a law that allows a divorced person to be capable of comitting a crime for living with someone or getting remarried after they are legally divorced...LOL.

I thought Arkansas was bad! Dang!