remarriage under wisconsin laws

[Merrytooth 5,748]

Good luck to you, OP.

You can only wait and see how USCIS rule for your AOS.

[frody 14]

Thank you so much! we will be crossing our fingers ! ...but I will be asking a indiana marriage expert attorney just in case

[NigeriaorBust 4,087]

http://www.dadsdivorce.com/articles/waiting-period-after-a-divorce-and-before-remarriage.html The two of you aren't legally married and have no basis on which to adjust status

[Zedayn 485]

Thats the thing! I guess this is the point. The paper say: final divorce decree. ....FINAL ...means done, and then, in one of the points I have read the no authorization to remarried for 6 month.

I have read too in the wisconsin law that if the impediment for remarried is gone (6 month) and you still living as a husband and wife automatically the marriage is valid.

My concerns are:

1) I married in other state where is no waiting period of time...in INDIANA is a valid marriage.

2) one of Us didnt even know about the 6 month period waiting time and we tought was ok because the attorney that was doing our k1 visa told Us there is no problem.

3) was under a extreme (life threatening ) circumstances and the will and necessary paperwork was done in order to the couple be the beneficiary

4) the USCIS interview was when the 6 month period was already gone.

5) We are so in love !

No, FINAL doesn't mean you are legally allowed to remarry.

It specifically states in your divorce decree that you must wait to remarry, and it gives you a specified time period. Because of this, and that it is specified in your divorce decree, your marriage is not valid ANYWHERE (not even Indiana).

[frody 14]

well I was reading something different :

765.24  Removal of impediments to subsequent marriage. If a person during the lifetime of a husband or wife with whom the marriage is in force, enters into a subsequent marriage contract in accordance with s. 765.16, and the parties thereto live together thereafter as husband and wife, and such subsequent marriage contract was entered into by one of the parties in good faith, in the full belief that the former husband or wife was dead, or that the former marriage had been annulled, or dissolved by a divorce, or without knowledge of such former marriage, they shall, after the impediment to their marriage has been removed by the death or divorce of the other party to such former marriage, if they continue to live together as husband and wife in good faith on the part of one of them, be held to have been legally married from and after the removal of such impediment and the issue of such subsequent marriage shall be considered as the marital issue of both parents.

History: 1979 c. 32 ss. 48, 92 (2); Stats. 1979 s. 765.24; 1983 a. 447.

A 2nd marriage entered into while the plaintiff was already married will not be annulled when the plaintiff did not live with the 2nd husband after the first husband died. Smith v. Smith, 52 Wis. 2d 262, 190 N.W.2d 174 (1971).

Public policy favors upholding a marriage attacked as void by a 3rd party as well as by a party to a marriage. Corning v. Carriers Insurance Co. 88 Wis. 2d 17, 276 N.W.2d 310 (Ct. App. 1979).

The equitable doctrine of "clean hands" precluded the defendant from obtaining an annulment of a marriage to the plaintiff. A voidable marriage became valid upon the removal of the impediment to the marriage. Halker v. Halker, 92 Wis. 2d 645, 285 N.W.2d 745 (1979).

A husband was estopped from challenging the validity of his wife's divorce from her first husband. Schlinder v. Schlinder, 107 Wis. 2d 695, 321 N.W.2d 343(Ct. App. 1982).

[JimmyHou 611]

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?

I'm just going to assume that USCIS is going to follow Wisconsin law here and not Indiana law (I'm not sure I understand why that should be the case, but that's what most other posters on here have said, so I'll just go with it).

Here is a summary of divorce laws in each state. Look up Wisconsin.

https://secure.ssa.gov/poms.nsf/lnx/0200305165#b54

Please note that this is a marriage laws summary on the Social Security website, so you need to verify this information on a Wisconsin official website. But this is the best information I could find.

It says that entering into a marriage before the waiting period makes your marriage "voidable" (it specifically says that the law was changed to replace "void" with "voidable"), but then it says:

"Any remarriages can become valid if the marriage is entered into by one of the parties in good faith and if the parties continue to live together following the removal of the impediment; i.e., the expiration of the waiting period."

Doesn't this mean that while your marriage may not have been valid at the time you got married, it likely became legal (under Wisconsin law) as soon as the six month waiting period was over?

If this information is correct, then you are currently legally married in Wisconsin. However, it's not clear what day Wisconsin considers to be your wedding date; the day you got married or the day the waiting period ended. This is important because, your legal wedding anniversary affects when you can apply for some immigration benefits, including naturalization.

Again, please verify this information before you assume it's corrected.

[frody 14]

yes seems thats my case...we are living as a husband and wife and I hope for the rest of our life.

Maybe we should fill the papers again of AOS but in the mean time wait for USCIS answer.

I dont know if resend it will be a solution but anyway our marriage first should be validated in wisconsin. or get divorced/ or if is void ....there is no divorce or annulment because means never existed.

so should marry in wisconsin as divorced status when we already married in Indiana? or this will be more problematic.

Honestly I dont know I hope they understand the tremendous stress we were when we took the decision to marry and my health condition at this time that still is delicate.

Can a person remarried the same person in other state?

[Zedayn 485]

well I was reading something different :

765.24  Removal of impediments to subsequent marriage. If a person during the lifetime of a husband or wife with whom the marriage is in force, enters into a subsequent marriage contract in accordance with s. 765.16, and the parties thereto live together thereafter as husband and wife, and such subsequent marriage contract was entered into by one of the parties in good faith, in the full belief that the former husband or wife was dead, or that the former marriage had been annulled, or dissolved by a divorce, or without knowledge of such former marriage, they shall, after the impediment to their marriage has been removed by the death or divorce of the other party to such former marriage, if they continue to live together as husband and wife in good faith on the part of one of them, be held to have been legally married from and after the removal of such impediment and the issue of such subsequent marriage shall be considered as the marital issue of both parents.

History: 1979 c. 32 ss. 48, 92 (2); Stats. 1979 s. 765.24; 1983 a. 447.

A 2nd marriage entered into while the plaintiff was already married will not be annulled when the plaintiff did not live with the 2nd husband after the first husband died. Smith v. Smith, 52 Wis. 2d 262, 190 N.W.2d 174 (1971).

Public policy favors upholding a marriage attacked as void by a 3rd party as well as by a party to a marriage. Corning v. Carriers Insurance Co. 88 Wis. 2d 17, 276 N.W.2d 310 (Ct. App. 1979).

The equitable doctrine of "clean hands" precluded the defendant from obtaining an annulment of a marriage to the plaintiff. A voidable marriage became valid upon the removal of the impediment to the marriage. Halker v. Halker, 92 Wis. 2d 645, 285 N.W.2d 745 (1979).

A husband was estopped from challenging the validity of his wife's divorce from her first husband. Schlinder v. Schlinder, 107 Wis. 2d 695, 321 N.W.2d 343(Ct. App. 1982).

The marriage was voidable at the time you were married up to 6 months after the divorce was final. After that time, after the 6 months have passed, your marriage now became valid. The question now is, when did you file your immigration paperwork? If you filed your paperwork during the time that your marriage was voidable, it cannot be approved because your marriage was not valid at that time.

[Zedayn 485]

Doesn't this mean that while your marriage may not have been valid at the time you got married, it likely became legal (under Wisconsin law) as soon as the six month waiting period was over?

If this information is correct, then you are currently legally married in Wisconsin. However, it's not clear what day Wisconsin considers to be your wedding date; the day you got married or the day the waiting period ended.

You are correct. The marriage became legal the day after the 6 month waiting period was over. The date of marriage would be the first date the marriage was considered valid, in other words the date of marriage is not the date of the wedding, but the day after the waiting period ended.

[frody 14]

do you know if there is any paperwork to do in wisconsin to have a documentation to validate my marriage ?

[frody 14]

do you know if there is any paperwork to do in wisconsin to have a documentation to validate my marriage ?

I mean : if after 6 month of divorce my marriage is validated: do you think I should go to the county clerk to validate it ? Anybody have pass by this before?

[JimmyHou 611]

I mean : if after 6 month of divorce my marriage is validated: do you think I should go to the county clerk to validate it ? Anybody have pass by this before?

I suggest you go ask at your local marriage registration office or county clerk or whoever is responsible for marriages. You'll get a better answer from them than you will from us. Print out the relevant paragraph of the law and take it with you in case they just tell you that your marriage isn't relevant. It'll force them to find someone who knows what he/she is talking about.

[frody 14]

I suggest you go ask at your local marriage registration office or county clerk or whoever is responsible for marriages. You'll get a better answer from them than you will from us. Print out the relevant paragraph of the law and take it with you in case they just tell you that your marriage isn't relevant. It'll force them to find someone who knows what he/she is talking about.

Thank you for your advice I already phone them and the clerk office say:" get a lawyer I cant give you any advice" I was looking in a page

http://www.wisbar.org/forPublic/INeedaLawyer/Pages/Lawyer-Referral-Request.aspx

I guess its the interpretation of the law and I guess the one that can help is the Attorney General of your state of residence ...but how to get to him?

[JimmyHou 611]

Thank you for your advice I already phone them and the clerk office say:" get a lawyer I cant give you any advice" I was looking in a page

http://www.wisbar.org/forPublic/INeedaLawyer/Pages/Lawyer-Referral-Request.aspx

I guess its the interpretation of the law and I guess the one that can help is the Attorney General of your state of residence ...but how to get to him?

I'm sorry you got such a useless answer!

I would go in person and ask to talk to someone who knows what they're talking about.

That may be a waste of time, but I'd try anyway. If you do, make it clear that you're not looking for advice, but you want to know what their office policy is. You'll probably get the same response, so it depends on how much of an inconvenience it would be for you to go.

Sorry; no idea who else you should contact.

[frody 14]

https://docs.legis.wisconsin.gov/1985/related/acts/103

I FOUND IT!

we are good!

thank you so much for your support...to all of you. I guess I wasnt the first and I will be not the last one ...so if this little post can help to someone else like Us. that this add much more stress to our lives ...that Im literally batteling for

Edited August 14, 2014 by frody