Interesting turn of event

[fireandwater 0]

Hello everyone,

I've been on this forum before and it has been very helpful! I'm here again as I have another Visa journey to contend with. Please let me know if anyone on here has had a similar experience. Your help is greatly appreciated!! Here's my story:

Once upon a time I met an Italian who I thought was the "the One" and we proceeded with K-129 (Fiance Visa). He was approved and we had a civil ceremony in November 2008. Needless to say, after 1 year I knew that he was not the man I married and so we are getting a divorce. Hopefully, the union will be dissolve in December 2010. The marriage was done in good faith, but you never know until you live with someone who they really are. Anyhow, fast forward to this year. I met someone who is the love of my life. This is deja-vu all over again for me. The love of my life has been here for 10 years on a student visa and is finishing up his PhD. Unbeknown to the both of us the turn of event in our life, he was informed earlier this week that the University will not grant him an extension and his student visa will expire by end of this year. I'm in love with this man and plan to marry him after my divorce is finalize. Seems like I will have to file a K-130 now...I know my situation is not unique...but does anyone have any guidance as to what we can expect? Will INS look at this and think I fraud them? There is nothing malicious on any of my union...the first one just didn't work out because the man wasn't what he said he was, but it did lead me to this one. Anyhow, I plan to hire an immigration attorney to help me sort this out, but in the meantime please share your thoughts and experience to give me an idea as to what we can expect.

Thank you...

[canadian_wife 1,827]

Well, first thing is you cannot do anything until you are legally free to marry. You are not until after your divorce is final.

When is your new man leaving the US? Is there any laws in your state that prevent you from marrying right after a divorce (some states have a 6 month wait from divorce to new marriage)

Good luck

[fireandwater 0]

Well, first thing is you cannot do anything until you are legally free to marry. You are not until after your divorce is final.

When is your new man leaving the US? Is there any laws in your state that prevent you from marrying right after a divorce (some states have a 6 month wait from divorce to new marriage)

Good luck

Of course, nothing can be done without completely dissolving my marriage. The state that I'm from (WI) has a 6 month waiting period after my divorce...but, I plan to do this in Las Vegas which does not have a waiting period. Does this help?

[Inky 1,111]

If you marry him right before the visa expires they might try to view it as you are getting marryed just so he can stay in the country too. That would be a hurdle to overcome if you have the time to divorce wait the time to remarry and then remarry just before his visa expires. Also it would be so soon after the divorce they would look on that as well.

[canadian_wife 1,827]

I agree with Inky. You want to remove as many obstacles from your case as you can. You will likely be questioned about your previous marriage to begin with.

Again, how long is your new man in the US for before his current visa expires

Good luck

[Inky 1,111]

Of course, nothing can be done without completely dissolving my marriage. The state that I'm from (WI) has a 6 month waiting period after my divorce...but, I plan to do this in Las Vegas which does not have a waiting period. Does this help?

Our state has a 6 month waiting period as well ( just asked my husband about it and he was married before once ) He says he doesnt think you can get married in another state to circumvent the 6 month rule and then go back and live in the state again with a " valid marriage " since you didnt wait the 6 months.

He said you should check that before you go ahead with that plan incase you get married and apply but you arent viewd as married because of the state you live in and the 6 month rule.

[fireandwater 0]

I agree with Inky. You want to remove as many obstacles from your case as you can. You will likely be questioned about your previous marriage to begin with.

Again, how long is your new man in the US for before his current visa expires

Good luck

He's been here for about 10 years and didn't expect this to happen. It's such a sticky situation and I definitely will be hiring an immigration attorney to help us sort through this mess. Who would have ever thought I will be going through this Visa journey again. I wish my government would have allowed me and the first guy to at least live together for one year, but my hands were tied. Oh well, it's the consequence that I have to live with.

I know this looks fishy, but it's not. It's two people who are in love that wants to stay together. Oh, the quandries of being in love...

[Deputy Purple 1,294]

Of course, nothing can be done without completely dissolving my marriage. The state that I'm from (WI) has a 6 month waiting period after my divorce...but, I plan to do this in Las Vegas which does not have a waiting period. Does this help?

I could swear there was another member who didn't want to observe the 30 day waiting period in Florida so they married in Alabama but got denied because their divorce oder set the waiting period.

If I was you, I'd make extra sure that circumventing the waiting period where you get divorced doesn't cause you a problem.

[fireandwater 0]

I could swear there was another member who didn't want to observe the 30 day waiting period in Florida so they married in Alabama but got denied because their divorce oder set the waiting period.

If I was you, I'd make extra sure that circumventing the waiting period where you get divorced doesn't cause you a problem.

Thank you for your input. It seems like I will be hiring lawyers after lawyers this year.

[Inky 1,111]

Thank you for your input. It seems like I will be hiring lawyers after lawyers this year.

I remember that person as well, and like my husband said too he doesnt think you can just bypass the time you have to wait by marrying in another state, you need to check that. Also a lawyer cant bypass the re-marrying wait period for you either.

[desert_fox 32]

What you are doing will not work...

Clark County Nevada requires six WEEKS of residency before you can use the family courts.. I live there...

Wisconsin is one of the few states that has adopted the uniform code on divorces recognition. I dont remember the name of the law, but its a uniform code that some states have adopted.

It means that Wisconsin will not recognize your Nevada divorce, as it was done solely to circumvent the laws of your home state, if you return within two years after obtaining the divorce. No county clerk will give you a marriage license, and the USCIS has a staff of lawyers that review this stuff, and they are quite aware of the divorce laws of your state..

You will be wasting your money and time.

talk to a family lawyer....

foxxxxxx

[Shenzhen 34]

What you are doing will not work...

Clark County Nevada requires six WEEKS of residency before you can use the family courts.. I live there...

Wisconsin is one of the few states that has adopted the uniform code on divorces recognition. I dont remember the name of the law, but its a uniform code that some states have adopted.

It means that Wisconsin will not recognize your Nevada divorce, as it was done solely to circumvent the laws of your home state, if you return within two years after obtaining the divorce. No county clerk will give you a marriage license, and the USCIS has a staff of lawyers that review this stuff, and they are quite aware of the divorce laws of your state..

You will be wasting your money and time.

talk to a family lawyer....

foxxxxxx

With a PHD can he find a company to sponsor him for a work visa? It's just an idea I really don't know?. Again I know very little, but it might be another avenue to pursuit??

Edited September 3, 2010 by Shenzhen

[Darnell 8,479]

Whilst they may not renew his student visa, he might qualify for the OPT program - look into that with the DSO at his school.

*** not a K-3 visa topic, moving to AOS forum , for now ***

Edited September 4, 2010 by Darnell

[Mike & Jane 1]

I could swear there was another member who didn't want to observe the 30 day waiting period in Florida so they married in Alabama but got denied because their divorce oder set the waiting period.

If I was you, I'd make extra sure that circumventing the waiting period where you get divorced doesn't cause you a problem.

As far as I know, Florida doesn't have a waiting period of 30 days so why did they marry in Alabama which has a waiting period of 60 days?

I live in Wisconsin,my wife got divorced in Texas(waiting period to remarry,30 days) moved to Wisconsin(waiting period of 6 months) and we got married in Duluth,Minnesota, which doesn't have any waiting period.We didn't marry to circumvent the law but, because it's very close to our house! We filed for AOS and we receieved her EAD today and we have our interview coming up on OCT 12.

After reading the responses here, I'm getting really nervous. Is our marriage valid or not? Could they issue an EAD without looking through the divorce decrees?.The divorce decree she got from Texas doesn't mention any waiting period .

Are we going to have hard time in the interview? Should we even go to the interview?

[Hadiza 1]

I think it would be better for him to find another way to stay in the country because you don't want to get hurt again and why should his

visa status be a burden on you. I know you love him and everything but I just think you are thinking with your heart. I really want him

to find another avenue of obtaining his visa because he is going for a PHD. I don't want you to be used for immigraition purposes again

because you have to learn from your previous mistake. These guys just use women for their own benefit and when they get what they

want they totally act like they don't know who you are anymore. I would advise you to leave him alone with his immigration status. I think

one time is enough to get hurt...................

Edited September 4, 2010 by Hadiza