free to marry

[wissooner 0]

My divorce decree says I cannot remarry anywhere in the world for six months.............Ken

[rebeccajo 14]

My divorce decree says I cannot remarry anywhere in the world for six months.............Ken

Then that's all you need to know. Sorry but you have to wait. *hugs*

[JenT 0]

.......but I'd like to see evidence of that actually having happened before I will advise someone that this is black and white.

Jen

Not me. A denial is far worse to overcome than an RFE. Personally I would not like to have my advice be a contributing factor to someone's denial.

The question is whether you have a divorce decree. If yes, then you can file your I-129F.

You have the option to wait the 6 months, and waste time that way but USCIS does not care about the 6 months period because they know you have the choice of getting married in another state that does not have residency requirements like Nevada.

You dont have to get married in the state you live in or the state you got divorced in, as long as you dont break any laws.

That's some pretty strong advice to give someone that could potentially open the door to their petition being denied.

Which is why I followed up with it being 'my interpretation'....

The debate about opinion vs. fact has been well-voiced on this board.

And now we know what the divorce decree says, so the matter is closed.

Edited August 6, 2006 by JenT

[asante 0]

You have answered your own question here...You are not free to marry then. You should have divorced in another state.....

My divorce decree says I cannot remarry anywhere in the world for six months.............Ken

[rebeccajo 14]

The debate about opinion vs. fact has been well-voiced on this board.

That is well stipulated. However you can't always control what the poster will do with the information one gives.

[wissooner 0]

Hmm......I guess thats it then, I wait. Now I have to tell my significant other the bad news.......this is not a good day ...........................................Ken

[desert_fox 32]

This is nonsense, john and marlene.

He can file for the I-129F ASAP. Divorce are regulated by state laws and one is free to marry anywhere as long as they comply with THAT STATE'S laws. He is not a bigamist because hes already divorced. I-129F and immigration are federal matters and the federal govt will look at the generic way of divorcing a marriage common among all states, which is the decree and thats what they will go by.

They have no time to look at what state requires what time to remarry. They are not that smart anyway otherwise they would be working at the court house!

Although you may not be free to marry in the state you reside are you not free to marry in say Las Vegas? And it appears it will be a moot point anyways as you will surely wait quite a while for your visa, so that with the 90 days you get on your visa to marry you will be able to fufill your states requirements. This is purely speculation on my part, you may wish to check in with a lawyer on this, there are some who do free online consults.

No, you are not free to marry anywhere until the specified time has passed. If you remarry anywhere in the world before the specified time, you will be a bigamist.

wanna bet???

The USCIS is very aware of state laws. They even have a legal staff to review things like this for legal opinions. I would even think that the final court order that he intends to submit even contains to words that cannot legally remarry for six months. Sure...go to Las Vegas...they will issue a marriage license to anyone who want to get married. They dont even care about seeing previous divorce papers....but that will not make the marriage legal in the eyes of the home state as it is voidable by any court in the home state on the motion of any party who would have standing with the court....like a previous spouse. Might as well get a divorce in Guam....make look good on paper but is voidable in the home state as the states that Im aware of have laws about voiding divorce decrees received in other states that were granted only as a means of circumventing to family laws of the home state. The USCIS will not honor such divorce decrees either under the concept of Full Faith and Credit provisions of the US Constitution, as each state reserves the right to make their own Family Law.

[john_and_marlene 162]

This is nonsense, john and marlene.

He can file for the I-129F ASAP. Divorce are regulated by state laws and one is free to marry anywhere as long as they comply with THAT STATE'S laws. He is not a bigamist because hes already divorced. I-129F and immigration are federal matters and the federal govt will look at the generic way of divorcing a marriage common among all states, which is the decree and thats what they will go by.

They have no time to look at what state requires what time to remarry. They are not that smart anyway otherwise they would be working at the court house!

Although you may not be free to marry in the state you reside are you not free to marry in say Las Vegas? And it appears it will be a moot point anyways as you will surely wait quite a while for your visa, so that with the 90 days you get on your visa to marry you will be able to fufill your states requirements. This is purely speculation on my part, you may wish to check in with a lawyer on this, there are some who do free online consults.

No, you are not free to marry anywhere until the specified time has passed. If you remarry anywhere in the world before the specified time, you will be a bigamist.

Just because they may not look it up and catch it does not make it right. How ever much you want to be correct about this, you are wrong.

[Welshcookie 17]

I know when my husband got his decree there was a waiting period of 6 weeks before he could get married again, but our lawyer did say that he could request to the judge to waive the waiting period...but I figure that is something the OP should have looked into before the decree was issued?

[wissooner 0]

You have answered your own question here...You are not free to marry then. You should have divorced in another state.....

My divorce decree says I cannot remarry anywhere in the world for six months.............Ken

Yes, could've, should've, would've

[asante 0]

Stop the gripe. The only reason he cannot re-marry is because the divorce decree expressly states so i.e. he cannot remarry 6 months from the divorce date.

Stop all the other side shows. If the decree did not say so, USCIS would not give a hoot.

[rebeccajo 14]

Stop the gripe. The only reason he cannot re-marry is because the divorce decree expressly states so i.e. he cannot remarry 6 months from the divorce date.

Stop all the other side shows. If the decree did not say so, USCIS would not give a hoot.

But the decree did say so and therefore your initial advice was in error. Had to OP not stayed with the thread he possibly could have made a decision based on your rapid-fire postings and opinions which would have caused him more grief than this delay he must now face.

You seriously need to get over yourself.

[desert_fox 32]

Stop the gripe. The only reason he cannot re-marry is because the divorce decree expressly states so i.e. he cannot remarry 6 months from the divorce date.

Stop all the other side shows. If the decree did not say so, USCIS would not give a hoot.

I suggest that you never become a lawyer. This is the worst advice Ive read read here. He simply is not free to marry, and you cant circumvent that as the home has jurisdiction on the matter, and always will. He cannot remarry because it is the state law....and the USCIS will go by the state law.....period!!

[asante 0]

Wrong.He did not state that his decree wrote that. He only said that the state laws had the rule. Its one thing for state laws to say one thing (USCIS may not know or wont check) and another when its in the decree for all to read.

Theres no rapid fire on my end, maybe you are the one who is looking for fights to pick with whoever is in the mood for such.

Stop the gripe. The only reason he cannot re-marry is because the divorce decree expressly states so i.e. he cannot remarry 6 months from the divorce date.

Stop all the other side shows. If the decree did not say so, USCIS would not give a hoot.

But the decree did say so and therefore your initial advice was in error. Had to OP not stayed with the thread he possibly could have made a decision based on your rapid-fire postings and opinions which would have caused him more grief than this delay he must now face.

You seriously need to get over yourself.

[rebeccajo 14]

Wrong.He did not state that his decree wrote that. He only said that the state laws had the rule. Its one thing for state laws to say one thing (USCIS may not know or wont check) and another when its in the decree for all to read.

Theres no rapid fire on my end, maybe you are the one who is looking for fights to pick with whoever is in the mood for such.

Stop the gripe. The only reason he cannot re-marry is because the divorce decree expressly states so i.e. he cannot remarry 6 months from the divorce date.

Stop all the other side shows. If the decree did not say so, USCIS would not give a hoot.

But the decree did say so and therefore your initial advice was in error. Had to OP not stayed with the thread he possibly could have made a decision based on your rapid-fire postings and opinions which would have caused him more grief than this delay he must now face.

You seriously need to get over yourself.

No I'm not in the mood for a fight. And actually you hit the nail on the head when you state that his post did not declare what his decree says.

I've been on this board a good long while. It makes me VERY nervous to see people spitting out definitive answers when there are often many shades of gray to an issue. I never believe that someone is just trying to gain hearts (although some might be). I think rather they are in earnest trying to help. I've made errors in replies before and thank goodness someone caught them.

I'm advocating caution is all - and a less aggressive stance on your part.