Denial for applying before states "waiting period" is up?

[Ontarkie 14,227]

In Japan, the rule was a woman could not marry after a divorce for 6 months. So we had to wait until my divorce was finalized, I could marry any time after a final divorce decree was issued, but we also had to wait 6 months had gone by for her. Short answer. You both have to have final divorce decrees in hand that show the dates of final divorce decrees before your application date and you have to following any legal waiting periods required for your home state/country. My guess is you are not going to get a divorce decree in hand for 6 months.

The OP USC is not getting a divorce, just her fiance in Chile

So let me get this straight, you live in state A that has a six month waiting period after a divorce. But you want to get married in state B. Does state B have a waiting period? I feel (I do not legally know) like if you included the fact that you're planning on getting married in state B in your letter of intent you'd be fine... as long as state B doesn't require residency of their state to get married in their state. I mean, any resident of state A could fly to Las Vegas and get married there and state A would be forced to recognize it even if 6 months hadn't passed. Someone please correct me if I'm wrong. Personally I'd probably file in October. I'd rather risk my filing fee and get my fiancé here 6 months faster than wait because it might be denied. The question really is how much money is getting your fiancé here 6 months earlier worth you risking? If it's worth more than it cost to file the petition, then I say go.

The OP USC is not getting a divorce, just her fiance in Chile. They just need to wait out the waiting period in Chile,

The lawyer she asked the question was telling her she needed to wait out the divorce because her State has a 6 month wait. That is wrong because her State did not grant the divorce it's from Chile.

Her State cannot make the rules for a divorce in another Country.

[llaz 232]

So let me get this straight, you live in state A that has a six month waiting period after a divorce. But you want to get married in state B. Does state B have a waiting period? I feel (I do not legally know) like if you included the fact that you're planning on getting married in state B in your letter of intent you'd be fine... as long as state B doesn't require residency of their state to get married in their state. I mean, any resident of state A could fly to Las Vegas and get married there and state A would be forced to recognize it even if 6 months hadn't passed. Someone please correct me if I'm wrong. Personally I'd probably file in October. I'd rather risk my filing fee and get my fiancé here 6 months faster than wait because it might be denied. The question really is how much money is getting your fiancé here 6 months earlier worth you risking? If it's worth more than it cost to file the petition, then I say go.

Thats exactly correct. I think it is totally worth it because 6 months thats too long especially when we've already waited over a year just to be able to file for a divorce.

[kris&me 572]

why can't you do the K1 application as soon as you have divorce papers?

Would be about 6 months to get the visa and 90 days to marry after

or simply head to a neighboring state and marry?

[llaz 232]

why can't you do the K1 application as soon as you have divorce papers?

Would be about 6 months to get the visa and 90 days to marry after

or simply head to a neighboring state and marry?

This is exactly what I was thinking. I mean the k1 is going to take at a minimum 3 months and then 90 days cuts close to 6 month mark. Every state around me has no waiting period too. I think I need to call another lawyer cause people on this other site are saying that you cannot apply until the waiting period is over and that they live in my state idk I think it's just ridiculous if we have to wait.

Edited September 24, 2016 by llaz

[Ontarkie 14,227]

This is exactly what I was thinking. I mean the k1 is going to take at a minimum 3 months and then 90 days cuts close to 6 month mark. Every state around me has no waiting period too. I think I need to call another lawyer cause people on this other site are saying that you cannot apply until the waiting period is over and that they live in my state idk I think it's just ridiculous if we have to wait.

If you were the one getting a divorce in your state then yes you need to wait the 6 months because you would not have the divorce decree before then. You said it was your fiance who is getting a divorce in Chile and it's the laws there that matter because that is where the divorce is happening.

[Ontarkie 14,227]

why can't you do the K1 application as soon as you have divorce papers?

Would be about 6 months to get the visa and 90 days to marry after

or simply head to a neighboring state and marry?

You need to be free to marry before you can file the K1. If there is a waiting period that must be waited out before a person can get remarried it usually means the final divorce decree won't be in hand.

For example Arkansas has a 3 month wait period, I was divorce in Ontario Canada which has a 30 day wait period I did not get my final decree till day 31. At that point I was free to marry, we did not have to wait for Arkansas's 90 days to file the petition even though that is where we were getting married. I was free to marry on day 31 just as the petition requires, just like her fiance will be when he gets his decree.

So basically once her fiance has his decree they can file the petition, he is free to marry at that point. By the time they get married they would be passed her State's 6 months waiting period and would be able marry even in that State.

Edited September 25, 2016 by Ontarkie

[AB loves AG 54]

I live in Wisconsin, and our law states there is a 6 month waiting period after a divorce until you can get remarried anywhere, not just in Wisconsin. But it sounds like in your case, you were not the one getting divorced so the rule doesn't even apply. If you are both free and legally able to be married at the time the petition is filed, then you are good to go. So as long as Chile doesn't have a waiting period for your fiancé, you are ready to file once the divorce is finalized there.

[KayDeeCee 4,893]

That lawyer and other people are mistaken. Ontarkie is correct. There is no waiting period for him in Chile, and he will not be remarrying in Chile anyway. You did not get the divorce. The waiting period in your state would be for you, so it does not apply. As soon as he gets his divorce decree, you can file the I-129F petition because then you will both be free to marry at the time of filing. That is the requirement.

Edited September 25, 2016 by KayDeeCee