Can I apply K-1 Now?

[Sveta & Ron 23]

what I would do myself is start getting the paper work together as we know there is alot. send the papers to your girlfriend and have her mail them back to you signed just not dated this takes about 3 weeks ( you to her/her to you ) postal this will save alot in express fees then once your wait time is up pop into post office and send

[Cathi 5,795]

I believe, the six months time is federal law actually. What that means the judge won't grant you divorce or bifurcation (single status) until 6 months (count from the date you serve your ex divorce paper) time. It doesn't mean you can marry or file any K1 or K3 papwerwork after 6 months. You are technically still married to your ex unless you have a divorce decreed or bifurcation status judgement.

No it is not a federal law. I was divorced 5 weeks before I married my current husband. Each state has it's own rules and regulations.

[googled 13]

I was in the same situation that you are in and I had to wait until the six month period was over. Read your divorce petition. If it says that you are not able to marry another person for six months, then you are not legally free to marry at this point and you are not able to file the petition until you are legally free to marry. So you have to wait until February to mail it in.

[bigdog 377]

You answered your own question. The paperwork is filed with the understanding you are "free to marry" at the time of filing. If you aren't free to marry at the time of filing the petition (which you state above) then you can't file.

So you need to wait until Feb 6th, 2013. Take this time to get your evidence together. Have your fiancee send you the documents she needs, download the forms and fill them in (but don't date them) and have the packet ready to go. Once it hits Feb 6, 2013, date the forms and send the packet.

**note - make sure before you mail it off to check the dates of the forms