Remarrying period

[johnnyv 20]

In Oklahoma you must wait 6 months after your decree is finalized before you can remarry. I divorced after separation on 1/9/13. My waiting period ends 7/9/13. My question is the I-129F states I'm legally able and willing to marry within 90 days of the beneficiary entering the U.S, but it doesn't state as the date the documents are signed. Should I wait or do you think it would be acceptable to sign them now as we can't get legally married until after the visa is approved months from now?

[dwheels76 5,468]

In Oklahoma you must wait 6 months after your decree is finalized before you can remarry. I divorced after separation on 1/9/13. My waiting period ends 7/9/13. My question is the I-129F states I'm legally able and willing to marry within 90 days of the beneficiary entering the U.S, but it doesn't state as the date the documents are signed. Should I wait or do you think it would be acceptable to sign them now as we can't get legally married until after the visa is approved months from now?

You have to be free to marry when you submit the petition. So nope you have to wait until that 7/9/13 date.

[johnnyv 20]

You have to be free to marry when you submit the petition. So nope you have to wait until that 7/9/13 date.

Exactly what I assumed. We planned to wait until August but I just wanted to verify about signing the documents and dating them.

[UK-USA-K1 128]

You have to be free to marry when you submit the petition. So nope you have to wait until that 7/9/13 date.

I'm not sure that they do have to wait. The question lies in the details here.

In Ok, you have to be divorced 6 months before you marry, so obviously they cannot marry there. The question I would ask, is about the divorce itself. Is it not recorded for 6 months, thus not allowing you to marry, or are you legally divorced but just can't get a license in that state?

If it's that they don't make the divorce official, then you are not free to marry and would have to wait

On the other hand though, if the divorce is official, you may not marry there, but you would still be eligible to marry in another state such as in Las Vegas where restrictions are minimal.

If your divorce is final, you may be eligible to marry, just not in your state. If the divorce is on hold for 6 months then you have to wait. It may be worthwhile to look into the details and figure this one out

[johnnyv 20]

The divorce was finalized on 1/9/13, filed that date on my divorce decree. You're right, if we were to marry in another state, the marriage would be valid as long as it's legal in that particular state, but since the visa petition takes months to finish anyway, but the time it does get approved, i'm way past the 6 month period (I have a month to go now). I just was curious about the dates I sign the paperwork, if it's okay if they're before the 7/9/13 date.

[UK-USA-K1 128]

The divorce was finalized on 1/9/13, filed that date on my divorce decree. You're right, if we were to marry in another state, the marriage would be valid as long as it's legal in that particular state, but since the visa petition takes months to finish anyway, but the time it does get approved, i'm way past the 6 month period (I have a month to go now). I just was curious about the dates I sign the paperwork, if it's okay if they're before the 7/9/13 date.

I just did a little digging and found a site that had information. I cannot verify the validity of this information but I am posting it here with my comments below:

http://www.usmarriagelaws.com/search/united_states/divorce_laws/divorce_and_remarriage/index.shtml

Oklahoma

The statute, while prohibiting a marriage of either party to a divorce for 6 months after the rendition of the decree, does not declare such marriage invalid. Any marriage contracted in Oklahoma within 6 months after a divorce decree was granted is valid unless set aside. A marriage entered into outside of Oklahoma within the 6-month period would be held to be voidable by the courts of Oklahoma and valid by the courts of other States as the prohibition has no extraterritorial effect.

Where there is no objection either in the motion for new trial or the petition in error to the granting of the divorce, a divorce decree is final and takes effect as of the date of rendition.

Where the final judgment dissolving a marriage was entered prior to 5/7/69, a divorce decree is considered effective upon the expiration of a six-month period after the date the final judgment was rendered, or in the case of an appeal, after such appeal has been determined.

The part in the first paragraph about the marriage being "voidable" makes me wonder. It might be risky. It may well be worth getting a legal opinion or waiting until the 6 months.

[johnnyv 20]

I was planning on submitting the petition after the six month period, but not sure about dating my signatures before the six month. Thank you for your help thus far!