I need an answer...

[Shesaid67 5]

Hello everyone,

My fiance and I want to apply for k1 visa,and we have a question:

He was recently divorced and in Wisconsin state is not allowed to get married next 6 months. Can we start our k1 visa process before, or we need to wait 6 months?

Thanks

[Bjorn&lyne 20]

For practical purposes, I am wondering why the marriage needs to happen within 6 months of the divorce. It seems like divorcing then remarrying immediately is rushing the next marriage. I do not know if you can initiate the I-129F process before the 6 months, but I suspect that the USCIS might look at a marriage within 6 months of divorce with suspicion since you really have not known each other that long following the divorce, so you might have a hard time proving a bona fide relationship if you apply for a visa too soon... I would play it safe and wait a few more months, then the 6 months Wisconsin law no longer applies and you have more time to build and prove a genuine relationship.

Edited January 5, 2015 by Bjorn&lyne

[Shesaid67 5]

They were separated by years and unfortunately finished their marriage last month . Thanks for your advice, but I need to know is it legal to send our petition before

They were separated by years and unfortunately finished their marriage last month . Thanks for your advice, but I need to know is it legal to send our petition before

[Bjorn&lyne 20]

From what I understand, the Wisconsin law of 6 months only apply in a case where you cannot remarry within 6 months again in Wisconsin. Considering the visas process takes several months, you will clearly not marry within 6 months in Wisconsin. As such, I think applying would be OK since by the time the USCIS get to process your case, and definitely before your visa is approved, the 6 months have already passed and therefore is not an issue anymore. Feel free to apply. The worst that can happen is a rejection from the USCIS stating that you need to wait for the 6 months, then you can apply again, but I seriously doubt the USCIS is on top of the marriage laws of every US state... HOWEVER, in your USCIS application, you will need to certify that you are free to legally marry, meaning according to Wisconsin law, he is NOT free to legally marry within 6 months, meaning he cannot certify to the USCIS that he is free to marry in the state of Wisconsin until after the 6 months. That way, you either have to wait 6 months or lie on the application, and I TOTALLY recommend AGAINST any false information or lying when you apply. During the visa interview if that is discovered, which it might be, providing false information is a major reason for visa denial. I would wait 6 months, then be able to certify he is legally free to marry, and problem gone. I know waiting and patience is hard, but in your case it might be the best option, considering the best long-term situation.

Edited January 5, 2015 by Bjorn&lyne

[mlh 93]

You might want to do a search of the forums here as I seem to recall a few months ago this same question came up and the couple got married in Indiana (he was from Wisconsin) and the USCIS declared the marriage invalid because his divorce was in Wisconsin and the decree actually stated something about getting married anywhere for 6 months, and they had to start the process all over again.

I also think that I've seen posts that you cannot apply for the K-1 until after the 6 months because you have to be "eligible" for marriage at the time you apply.

I'm at work right now, but if someone hasn't also commented later today, I'll try to find the posts that I'm referring to.

[Shesaid67 5]

Thanks a lot. I appreciate so much your help:).It makes sense to me too, but I wanted someones opinion. This will be a very long journey for two of us...

[CowBoE 429]

Re-marriage blackout period differs in different location.

and you could in theory get married at another location,

so it feels like he can proceed with the K-1 visa processing since it'll take many months anyway.

My aunt (and uncle) took a vacation to Las Vegas, and got married there.

Supposedly, they were in and out and married in couple of hours.

[Bjorn&lyne 20]

It is a very long journey for all international couples going through the visa process, so count on this to take a while.

[TBoneTX 45,319]

you have to be "eligible" for marriage at the time you apply.

OP, ignore the other "noise" in this thread and focus only on the line quoted above. You must wait past the 6 months.

Welcome to the forum.

[Shesaid67 5]

Thanks again, all of you

. There is only one problem, we both are almost 50, so no time to wait . It's joke, of course we can wait

[milimelo 4,481]

Oh USCIS will look at the state laws. Sit out the 6 months cooling off period and then apply. What mlh said is true about Wisconsin.

[cdneh 3,112]

Thanks again, all of you

. There is only one problem, we both are almost 50, so no time to wait . It's joke, of course we can wait

We were older lol..welcome to the forum!

[Lise+Michael 13]

We were older lol..welcome to the forum!

I was older too We waited until the divorce was final before applying for our K1, the time waiting just gave us longer to get to know each other and for me to make sure moving to the USA was the right thing.

[AmerFila 10]

I dont see the rush to get married but i assume you have your reasons. On the letter of intent you have to declare that you are both willing and legally able to marry. If the state law is he has to wait for six months then he is not legally able to marry. I would wait for six months. Its best to not play with fire. If you file before then, you could lose out all together. The USCIS could view it as visa fraud if you dont.

[raven52 233]

According to the forums, I think you have to provide your "final" divorce decree, to file.

Two things for K-1 visa,

1. Must have met face to face within the last 2 years.

2. Must be eligible to marry.

Wait it out, then file, hope you do not jump too quick.,.,best of luck in your decisions.