free to marry

[desert_fox 32]

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.

Once again..you are wrong. USCIS will know and they will check. Suggest you stop posting your off-the-top-of-your-head opinions. USCIS is very meticulous to make sure all the submittals are legal.

[asante 0]

you are wrong because if the decree did not state it, then divorce in one state cannot bind you to any future actions as to what you can do because USCIS and everyone knows that u can go to another state and divorce.

In this case, the restriction is in the decree but if it were not, the I-129F would not be denied, trust me.

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.

Once again..you are wrong. USCIS will know and they will check. Suggest you stop posting your off-the-top-of-your-head opinions. USCIS is very meticulous to make sure all the submittals are legal.

[wissooner 0]

I appreciate the replies and all the info. I should have stated up front that my decree mandates the six month wait. I was just hoping that I could proceed with the I-129f while I was waiting these six months out..............Ken

[desert_fox 32]

you are wrong because if the decree did not state it, then divorce in one state cannot bind you to any future actions as to what you can do because USCIS and everyone knows that u can go to another state and divorce.

In this case, the restriction is in the decree but if it were not, the I-129F would not be denied, trust me.

once again...you have no idea. you cannot go to another state to circumvent the state that has jurisdicition,....and then return to the home state to live. Its a fraude and the home state has laws about divorces obtained in other jurisdictions untaken to circemvent the jurisdiction of the home state. Any lawyer out of law school can tell you this. Come to Nevada and get a quickie divorce (6 weeks of residency) and then go back to Calif (for instance) thinking that you divorce is valid. The California courts will throw it out if you return to live within two years after getting the Nevada divorce. Its family law 101. The home state will vacate the divorce upon the motion of any party that has standing with the court on the matter....for instance the former spouse or her attorney. The USCIS will take the same stance even if no one motions to vacate the foreign state court order.

You really need to get some basic understanding on how the laws work in the country before you post your seat of the pants opinions.

[asante 0]

You really want to argue on and on dont you? I never said what you are attributing to me. You just want to argue what you feel competent in, instead of what we are talking about. All I said is that the divorce decree stated he could not remarry in 6 months.

If the divorce decree did not state this, then USCIS cannot deny the I-129F because he can marry in another state. Divorce in one state does not mean you have to remarry in the same state, so USCIS would not deny him because they know the fiance can come here and they scoot to another state and marry. Its up to you to think whether that would be legal or not, but the point is that he can do it, in law. His only undoing was that the decree stated he cannot remarry in 6 months, yet he will have to send this decree to USCIS.

So stop twisting my statements to suit what you feel comfortable to exhibit your knowledge in.

you are wrong because if the decree did not state it, then divorce in one state cannot bind you to any future actions as to what you can do because USCIS and everyone knows that u can go to another state and divorce.

In this case, the restriction is in the decree but if it were not, the I-129F would not be denied, trust me.

once again...you have no idea. you cannot go to another state to circumvent the state that has jurisdicition,....and then return to the home state to live. Its a fraude and the home state has laws about divorces obtained in other jurisdictions untaken to circemvent the jurisdiction of the home state. Any lawyer out of law school can tell you this. Come to Nevada and get a quickie divorce (6 weeks of residency) and then go back to Calif (for instance) thinking that you divorce is valid. The California courts will throw it out if you return to live within two years after getting the Nevada divorce. Its family law 101. The home state will vacate the divorce upon the motion of any party that has standing with the court on the matter....for instance the former spouse or her attorney. The USCIS will take the same stance even if no one motions to vacate the foreign state court order.

You really need to get some basic understanding on how the laws work in the country before you post your seat of the pants opinions.

Edited August 6, 2006 by asante

[RosaMystica7 0]

guess I will try and find a definitive answer from a lawyer. Anyone have any links to one?

I think that's a good idea. Laurel Scott has a free chat room for questions on Wednesdays at 11am CST. Why don't you try that? It's better than paying a consultation for a lawyer. Laurel answered some questions for me wonderfully.

[desert_fox 32]

You really want to argue on and on dont you? I never said what you are attributing to me. You just want to argue what you feel competent in, instead of what we are talking about. All I said is that the divorce decree stated he could not remarry in 6 months.

If the divorce decree did not state this, then USCIS cannot deny the I-129F because he can marry in another state. Divorce in one state does not mean you have to remarry in the same state, so USCIS would not deny him because they know the fiance can come here and they scoot to another state and marry. Its up to you to think whether that would be legal or not, but the point is that he can do it, in law. His only undoing was that the decree stated he cannot remarry in 6 months, yet he will have to send this decree to USCIS.

So stop twisting my statements to suit what you feel comfortable to exhibit your knowledge in.

here you go again....doesnt matter what the decree sez....if its in the state law that has jurisdiction, then USCIS will go by those state laws.

you cannot legally get married in another jurisdiction......its a voidable marriage. USCIS will not recognize a voidable marriage.

They are not just a bunch of bumpkins sitting there....when they see a decree of divorce and they have some issue with it...they will send it to their legal department for an opinion. They probably have a pre-prepared checklist of the salient points of each state when it come to divorce decrees..I really dont know nor care.

Ive seen ppl here get RFD because they obtained a mail order divorce from the Superior courts of Guam. You dont even have to appear there to obtain one. Even though no one in the home state contests the issue, the USCIS will still disalow it, as it is voidable.

How much do you want to continue?? please get an idea first before you start posting this stuff. Some one might actually rely on your information.

\

Edited August 6, 2006 by desert_fox

[RosaMystica7 0]

I've seen some... interesting... comments from asante while I've been here. I would take anything he/she says with a grain of salt and move on, if I were you.

[asante 0]

I dont think what desert fox is relevant to the matter we are talking about here. No one said go and get a divorce in Guam. We are talking about whether this guy can can re-marry in 6 months. I dont know what dersertfox is trying to say, but bottomline is that the decree here says he cannot re-marry in 6 months. This guy did not get married in Guam, for the record.

And people should be very careful about relying on what desertfox says, as a rule, because not everyone who speaks the legal language can deliver on legal advice, as is clear in this case where the questions being answered by desertfox are not the questions asked.

You really want to argue on and on dont you? I never said what you are attributing to me. You just want to argue what you feel competent in, instead of what we are talking about. All I said is that the divorce decree stated he could not remarry in 6 months.

If the divorce decree did not state this, then USCIS cannot deny the I-129F because he can marry in another state. Divorce in one state does not mean you have to remarry in the same state, so USCIS would not deny him because they know the fiance can come here and they scoot to another state and marry. Its up to you to think whether that would be legal or not, but the point is that he can do it, in law. His only undoing was that the decree stated he cannot remarry in 6 months, yet he will have to send this decree to USCIS.

So stop twisting my statements to suit what you feel comfortable to exhibit your knowledge in.

here you go again....doesnt matter what the decree sez....if its in the state law that has jurisdiction, then USCIS will go by those state laws.

you cannot legally get married in another jurisdiction......its a voidable marriage. USCIS will not recognize a voidable marriage.

They are not just a bunch of bumpkins sitting there....when they see a decree of divorce and they have some issue with it...they will send it to their legal department for an opinion. They probably have a pre-prepared checklist of the salient points of each state when it come to divorce decrees..I really dont know nor care.

Ive seen ppl here get RFD because they obtained a mail order divorce from the Superior courts of Guam. You dont even have to appear there to obtain one. Even though no one in the home state contests the issue, the USCIS will still disalow it, as it is voidable.

How much do you want to continue?? please get an idea first before you start posting this stuff. Some one might actually rely on your information.

\

Edited August 6, 2006 by asante

[RosaMystica7 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

Yeah, I'm sorry but it seems as though you're gonna have to do that. But hey, at least you asked, unfortunately the answers we get aren't always the best ones for us. Do you have a co-sponsor? If so, is going to live with your SO for a little while an option?

[desert_fox 32]

I dont think what desert fox is relevant to the matter we are talking about here. No one said go and get a divorce in Guam. We are talking about whether this guy can can re-marry in 6 months. I dont know what dersertfox is trying to say, but bottomline is that the decree here says he cannot re-marry in 6 months. This guy did not get married in Guam, for the record.

And people should be very careful about relying on what desertfox says, as a rule, because not everyone who speaks the legal language can deliver on legal advice, as is clear in this case where the questions being answered by desertfox are not the questions asked.

You really want to argue on and on dont you? I never said what you are attributing to me. You just want to argue what you feel competent in, instead of what we are talking about. All I said is that the divorce decree stated he could not remarry in 6 months.

If the divorce decree did not state this, then USCIS cannot deny the I-129F because he can marry in another state. Divorce in one state does not mean you have to remarry in the same state, so USCIS would not deny him because they know the fiance can come here and they scoot to another state and marry. Its up to you to think whether that would be legal or not, but the point is that he can do it, in law. His only undoing was that the decree stated he cannot remarry in 6 months, yet he will have to send this decree to USCIS.

So stop twisting my statements to suit what you feel comfortable to exhibit your knowledge in.

here you go again....doesnt matter what the decree sez....if its in the state law that has jurisdiction, then USCIS will go by those state laws.

you cannot legally get married in another jurisdiction......its a voidable marriage. USCIS will not recognize a voidable marriage.

They are not just a bunch of bumpkins sitting there....when they see a decree of divorce and they have some issue with it...they will send it to their legal department for an opinion. They probably have a pre-prepared checklist of the salient points of each state when it come to divorce decrees..I really dont know nor care.

Ive seen ppl here get RFD because they obtained a mail order divorce from the Superior courts of Guam. You dont even have to appear there to obtain one. Even though no one in the home state contests the issue, the USCIS will still disalow it, as it is voidable.

How much do you want to continue?? please get an idea first before you start posting this stuff. Some one might actually rely on your information.

\

then I suggest that everyone take your wonderful uninformed inaccurate advice.

folks...if you have a decree from a resident state that sez you cant get married for six months...then you cannot go to a another jurisdiction, and get married. The USCIS will tell you that you were not free to marry and will disallow the petition for and K3, and will disapprove a petition for a K1 as not being free to marry..

But this guy seems to know better...so maybe you would like to take his advice. All I can tell you is how it is....choose to ignore it if you wish...matters not, as he seems to be a real knowledgeable well informed scholar.

[asante 0]

Desert,

Stop misleading folks..USCIS doesnt care where you will marry when the fiancee(e') comes over to the US, otherwise they would ask it on the I-129F. They just need to know that the couple will marry somewhere in America. Why should they ASSUME that you will marry in the state you live in now and if so why is that assumption not stated somewhere? And also why assume that you will be living in the same state you are in now?

Have you really heard anyone denied on their I-129F or are you just trying to apply your basic knowledge in law in this circumstance? Can you show us of a case of an I-129F got denied in the manner you descibe?

I dont think what desert fox is relevant to the matter we are talking about here. No one said go and get a divorce in Guam. We are talking about whether this guy can can re-marry in 6 months. I dont know what dersertfox is trying to say, but bottomline is that the decree here says he cannot re-marry in 6 months. This guy did not get married in Guam, for the record.

And people should be very careful about relying on what desertfox says, as a rule, because not everyone who speaks the legal language can deliver on legal advice, as is clear in this case where the questions being answered by desertfox are not the questions asked.

You really want to argue on and on dont you? I never said what you are attributing to me. You just want to argue what you feel competent in, instead of what we are talking about. All I said is that the divorce decree stated he could not remarry in 6 months.

If the divorce decree did not state this, then USCIS cannot deny the I-129F because he can marry in another state. Divorce in one state does not mean you have to remarry in the same state, so USCIS would not deny him because they know the fiance can come here and they scoot to another state and marry. Its up to you to think whether that would be legal or not, but the point is that he can do it, in law. His only undoing was that the decree stated he cannot remarry in 6 months, yet he will have to send this decree to USCIS.

So stop twisting my statements to suit what you feel comfortable to exhibit your knowledge in.

here you go again....doesnt matter what the decree sez....if its in the state law that has jurisdiction, then USCIS will go by those state laws.

you cannot legally get married in another jurisdiction......its a voidable marriage. USCIS will not recognize a voidable marriage.

They are not just a bunch of bumpkins sitting there....when they see a decree of divorce and they have some issue with it...they will send it to their legal department for an opinion. They probably have a pre-prepared checklist of the salient points of each state when it come to divorce decrees..I really dont know nor care.

Ive seen ppl here get RFD because they obtained a mail order divorce from the Superior courts of Guam. You dont even have to appear there to obtain one. Even though no one in the home state contests the issue, the USCIS will still disalow it, as it is voidable.

How much do you want to continue?? please get an idea first before you start posting this stuff. Some one might actually rely on your information.

\

then I suggest that everyone take your wonderful uninformed inaccurate advice.

folks...if you have a decree from a resident state that sez you cant get married for six months...then you cannot go to a another jurisdiction, and get married. The USCIS will tell you that you were not free to marry and will disallow the petition for and K3, and will disapprove a petition for a K1 as not being free to marry..

But this guy seems to know better...so maybe you would like to take his advice. All I can tell you is how it is....choose to ignore it if you wish...matters not, as he seems to be a real knowledgeable well informed scholar.

[TomLena 0]

The state I live in requires a six month wait to remarry.

I am in no way an attorney, and I advise that you check with one to make sure you understand what this six month wait entails. Since you've not specified, it could mean 2 things, each having a very different meaning to the USCIS as well...

Rule of thumb... if you could _legally_ marry today, then you can file your I-129F. This does not count the sometimes state-imposed waiting periods that occur between the time you apply for your marriage license to the time that you are allowed to go through with the ceremony.

If the 6 month waiting period that your state is imposing means that it will be 6 months before they will consider your divorce to be final, then you have to wait 6 months before you can file the I-129F. If the 6 month waiting period is considered to be AFTER your divorce has already been considered final, it just means that your state will not honor/recognize/license you to marry until after 6 months, but another state may. Like I said, check with your attorney if it does not pretty clearly states on your documentation pertaining to the divorce that the 6 month is a waiting period for the divorce to be considered as final, otherwise, you'll have to wait the extra 6 months

[desert_fox 32]

Desert,

Stop misleading folks..USCIS doesnt care where you will marry when the fiancee(e') comes over to the US, otherwise they would ask it on the I-129F. They just need to know that the couple will marry somewhere in America. Why should they ASSUME that you will marry in the state you live in now and if so why is that assumption not stated somewhere? And also why assume that you will be living in the same state you are in now?

Have you really heard anyone denied on their I-129F or are you just trying to apply your basic knowledge in law in this circumstance? Can you show us of a case of an I-129F got denied in the manner you descibe?

lets start at the beginning again. you stated that the USCIS knows nothing about state laws and if not stated specifically in the dovorce decree that you are not free to marry...then they will never know...this of course is BS.

Likewise, you seem to think that if if the divorce decree does not specifically state that you are not free to marry, then you can go to some other jurisdiction and get married and this is a legal marriage, but somehow, if it states that you cannot marry, then you cannot legally get married...this also is BS.

What Im telling you is for federal immigration purposes that you cannot circumvent state law, as they understand very well the laws of the various states.

Following your advice, for instance, suppose someone comes here under the VWP and decides to marry their SO that has a divorce decree in a state that does not allow that you can get married for six months. They decide to go to another state and get married, circumventing to laws of the home state....what Im telling you is that the USCIS will disallow the marriage for purposes of AOS. Even though no one contests the validity of the marriage in the state courts, the USCIS will disallow it...period....end of argument. You dont believe me.......well I would suggest that no one try it.

they could care less where you get married...only that its a legal non-voidable marriage, and that any prior divorce obtained also is not voidable. Come here to Nevada and get married....they dont even want to see your divorce decrees...they dont ask for them.....you think that this is a legal marriage if you re-married within the six month period?? I can only tell you that its a voidable marriage, and that the USCIS will disallow it if you try to AOS based upon this marriage.

Ive seen ppl here get RFEs on their divorces that were obtained from a different jurisdictions, simply obtained to circumvent the Family Code laws of the resident state. Usually to speed up the process. These were divorces from Guam, Nevada, and the DR. Dont think they ever posted a follow up post.

[asante 0]

there again you go with cascading arguments. My point is that if on the face of the decree there are no restrictions of remarrying, USCIS will take the decree as valid per se.

I asked you whether you have heard someone being denied because, according to the USCIS, there is a state impendiment to remarriage, but you are still going around this. This is different from the RFEs you describe.

Desert,

Stop misleading folks..USCIS doesnt care where you will marry when the fiancee(e') comes over to the US, otherwise they would ask it on the I-129F. They just need to know that the couple will marry somewhere in America. Why should they ASSUME that you will marry in the state you live in now and if so why is that assumption not stated somewhere? And also why assume that you will be living in the same state you are in now?

Have you really heard anyone denied on their I-129F or are you just trying to apply your basic knowledge in law in this circumstance? Can you show us of a case of an I-129F got denied in the manner you descibe?

lets start at the beginning again. you stated that the USCIS knows nothing about state laws and if not stated specifically in the dovorce decree that you are not free to marry...then they will never know...this of course is BS.

Likewise, you seem to think that if if the divorce decree does not specifically state that you are not free to marry, then you can go to some other jurisdiction and get married and this is a legal marriage, but somehow, if it states that you cannot marry, then you cannot legally get married...this also is BS.

What Im telling you is for federal immigration purposes that you cannot circumvent state law, as they understand very well the laws of the various states.

Following your advice, for instance, suppose someone comes here under the VWP and decides to marry their SO that has a divorce decree in a state that does not allow that you can get married for six months. They decide to go to another state and get married, circumventing to laws of the home state....what Im telling you is that the USCIS will disallow the marriage for purposes of AOS. Even though no one contests the validity of the marriage in the state courts, the USCIS will disallow it...period....end of argument. You dont believe me.......well I would suggest that no one try it.

they could care less where you get married...only that its a legal non-voidable marriage, and that any prior divorce obtained also is not voidable. Come here to Nevada and get married....they dont even want to see your divorce decrees...they dont ask for them.....you think that this is a legal marriage if you re-married within the six month period?? I can only tell you that its a voidable marriage, and that the USCIS will disallow it if you try to AOS based upon this marriage.

Ive seen ppl here get RFEs on their divorces that were obtained from a different jurisdictions, simply obtained to circumvent the Family Code laws of the resident state. Usually to speed up the process. These were divorces from Guam, Nevada, and the DR. Dont think they ever posted a follow up post.

Edited August 6, 2006 by asante