petition DENIED

[C <3 C 1]

Wow I am so sorry to hear :/ Hopefully when you re apply you're wait isn't nearly as long! This whole process is very taxing.... I can't imagine, good luck to you both, fingers crossed

[Love's JAA 100]

In some states the day your divorce papers are signed by the judge and filed is NOT the day you are free to marry again. You have to consulte the marriage requirement. Many states have a period of months before you are free to marry again.

I just did a quick browse on waiting time to marry after divorce. Most states have no wait or maybe 2-5 days. A couple I noticed have a 30 day wait. Alabama has a 60 day wait. Wisconsin has a 6 month wait!

[VanessaTony 3,567]

What does it mean to have a 5 day shortage of being free to marry? You mean the divorce wasn't final when you submitted the petition. I am just curious, since I am divorced and I don't know about any waiting period to be remarried.

Some states have a waiting period after divorce until you're able to marry again. Often this date is written in the paperwork.

Just like with immigration, TV perpetuates this lie that as soon as you sign that document you're free as a bird. You need to check your state rules, specifically the state you divorced in, and the state you live in.

I remember this woman was in a state where the rule was 30 days or something until she was free to marry. Her fiance was going to go out of status in that time so she decided to play it "safe" with his status and travel to another state to marry where the 30 days didn't apply. She then filed for I-130/I-485. She was denied on the grounds her marriage wasn't valid. USCIS goes by the rules in the state you live in and she broke those rules. The woman further complicated matters by marrying AGAIN in her home state while still married in the other state, thinking this covered her (before being denied). She still had to divorce in the state she travelled to, and then annul the marriage/divorce in her home state because it wasn't technically valid because she wasn't free to marry, but she still had to get it removed so that when she re-married to fulfil requirements she was free to marry... and would have to wait another 30 days :S Big big mess.

Bottom line - check your state rules and your divorce documents. Be 100% sure you are good to go.

[Girl from Celebes 588]

I am so sorry to hear that, my Dear. My heart goes to both of you

[azopenmic 0]

In some states the day your divorce papers are signed by the judge and filed is NOT the day you are free to marry again. You have to consulte the marriage requirement. Many states have a period of months before you are free to marry again.

I was surprised when you said in some states one cannot remarry immediately after divorce is final. I did look it up and you are right. As of Sept. 2011:

Alabama - 60 days

Kansas and Texas - 30 days

Nebraska, Oklahoma and Wisconsin - 6 months

All other states had no requirement at that time. Apparently the wait is for either party to appeal the divorce decisions. Here is the site where I found the info http://www.totaldivorce.com/process/requirements/remarriage-after-divorce-waiting-period.aspx

[at long last 58]

After trying to process the news of our petition being denied at USCIS level we are trying to find information on what would be reasons. I have dissected our entire petition and have found 3 things that may be the cause.

For those of you who have first hand knowledge I would appreciate your input. Not looking for judgement calls or telling us we were stupid.

1) there is a 5 day shortage of being free to marry. Not sure how it got by me.

2) When we filled out the application for I129f I wasn't in the USA but when he sent it off I was.

3) AFTER our petition was sent fiance had an issue with having too much fireworks and was arrested and given probation.

thank you

Terri

Thanks for the encouragement. We are starting to put another petition together. What a year it has been. Death of two parents and now waiting for my mom's time. was diagnosed last week with advanced terminal cancer, and admitted to hospital for the rest of her time. A few months at best.sigh.. I need some good to come my way,,, PLEASE

[Andie 147]

Thanks for the encouragement. We are starting to put another petition together. What a year it has been. Death of two parents and now waiting for my mom's time. was diagnosed last week with advanced terminal cancer, and admitted to hospital for the rest of her time. A few months at best.sigh.. I need some good to come my way,,, PLEASE

Yes you do ... kind thoughts are with you

[GringoD 33]

Yes, by signing the petition, you were also declaring that "I am free to marry."

Technicalities of a few days are a true bee-yach! In the meantime, regroup and reapply, and have a box of TimBits on me!

Good Luck!

SuperDuper,... that guy on the escalator is like so many people here on VJ, applying for visa.... get knocked down, thrown around, but ... eventually make it to the top!

[Deputy Purple 1,294]

I remember this woman was in a state where the rule was 30 days or something until she was free to marry. Her fiance was going to go out of status in that time so she decided to play it "safe" with his status and travel to another state to marry where the 30 days didn't apply. She then filed for I-130/I-485. She was denied on the grounds her marriage wasn't valid. USCIS goes by the rules in the state you live in and she broke those rules. The woman further complicated matters by marrying AGAIN in her home state while still married in the other state, thinking this covered her (before being denied). She still had to divorce in the state she travelled to, and then annul the marriage/divorce in her home state because it wasn't technically valid because she wasn't free to marry, but she still had to get it removed so that when she re-married to fulfil requirements she was free to marry... and would have to wait another 30 days :S Big big mess.

Bottom line - check your state rules and your divorce documents. Be 100% sure you are good to go.

I remember that thread, with it the Wisconsin couple (married in either Vegas or Texas, I don't remember exactly where) or the Alabama couple who married in Florida?

[VanessaTony 3,567]

I remember that thread, with it the Wisconsin couple (married in either Vegas or Texas, I don't remember exactly where) or the Alabama couple who married in Florida?

Ummm... I think Alabama. It was a while ago