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Filed: Other Country: Liechtenstein
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Posted

Hi,

I was trying to read about this in other topics but I never found a final desition result.

My husband divorced in wisconsin and we remarried one month after in indiana.

Our reasons: we are in love and I have a heath issue that will drive me to surgical procedures and I was wanting him to " desconect" the machines if were nessesary.

My doctors dont allow me to flight back and we get scared, I make my will in his name and now we have had the USCIS appointment and they say they has to investigate the law because we married without waiting the 6 month waiting time to remarried in wisconsin after divorce.

I didnt knew such a law even excist.

questions: anybody has pass by the same situation? what are the Uscis decitions in this case?

Filed: Lift. Cond. (apr) Country: China
Timeline
Posted

~Moved from Introducing our Members to General Immigration-Related Discussion~

~Similar topics are often discussed at this forum~

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

Filed: Citizen (pnd) Country: Mexico
Timeline
Posted

We need to understand your case before any answer can be given.... From which status are you adjusting? he divorced from other girl and a month after he marries you? if you are living in wisconsin, why was the reason to marry in indiana??? how long before adjustment of status you two are been together???

I love you Charles forever!!

! dveMm6.png

 

N-400 Waiting to be schedule for Oath Ceremony 

Posted

There was a similar case on here and the couple were denied immigration benefits for not waiting the 6 months period in WI. As WI resident he has to follow WI rules. The marriage was considered not valid for immigration purposes. I am not sure if it was valid at all. Sorry.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Filed: Other Country: Liechtenstein
Timeline
Posted

We need to understand your case before any answer can be given.... From which status are you adjusting? he divorced from other girl and a month after he marries you? if you are living in wisconsin, why was the reason to marry in indiana??? how long before adjustment of status you two are been together???

I came in a visitor visa waiver with italian passport and married him on a K3 we are a year since we met and toguether since january.

we marry in indiana because the clerk by phone if you came tomorrow I marry you get the license and marry same day no delays. And we were waiting for my surgery to be performed ...no time to lost

Filed: IR-1/CR-1 Visa Country: Mexico
Timeline
Posted

it still doesnt make sense, as long as you followed the rules in the jurisdiction of where you married you should be fine, did you disclose your divorce when you went to married in Indiana? people marry all over the united states, i could see an issue if you remarried too soon in wisconsin but you went to another state where it was allowed to remarry immediatley. Wisconsin law doesnt say you cannot leave the state to remarry just that you cannot remarry in the state of wisconsin for 6 months.




 


 

Filed: Other Country: Liechtenstein
Timeline
Posted (edited)

We were under pressure of my disease there is less than 800 cases related in medicine books. My samples were sending to a national service of infectious diseases and consulted in 3 different countries asking specialist

Edited by frody
Posted

Stated very clearly in WI statutes:

765.03(2)

(2) It is unlawful for any person, who is or has been a party to an action for divorce in any court in this state, or elsewhere, to marry again until 6 months after judgment of divorce is granted, and the marriage of any such person solemnized before the expiration of 6 months from the date of the granting of judgment of divorce shall be void

https://docs.legis.wisconsin.gov/statutes/statutes/765/03/2

Done with K1, AOS and ROC

Filed: Other Country: Liechtenstein
Timeline
Posted

it still doesnt make sense, as long as you followed the rules in the jurisdiction of where you married you should be fine, did you disclose your divorce when you went to married in Indiana? people marry all over the united states, i could see an issue if you remarried too soon in wisconsin but you went to another state where it was allowed to remarry immediatley. Wisconsin law doesnt say you cannot leave the state to remarry just that you cannot remarry in the state of wisconsin for 6 months.

I think wisconsin say you are not allow to marry in any part of the world ....I guess this is what I understood reading the law?

Filed: Other Country: Liechtenstein
Timeline
Posted

Stated very clearly in WI statutes:

765.03(2)

(2) It is unlawful for any person, who is or has been a party to an action for divorce in any court in this state, or elsewhere, to marry again until 6 months after judgment of divorce is granted, and the marriage of any such person solemnized before the expiration of 6 months from the date of the granting of judgment of divorce shall be void

https://docs.legis.wisconsin.gov/statutes/statutes/765/03/2

yes but then ...it sais: it could ve voidable not void and once the impediment is gone (6 month) it became valid.

If we are still living together and happily that means is not automatically validated?

 
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