Mexican Divorce

[Anatti87 164]

My fiance just got divorce in september in mexico. Hes divorce certificated states he cant get married again after a year of being divorce. We are summiting our K1 packet in a week. Can we still file the packet? Can we get married in the US even though hes mexican divorce certificate states he cant get married until after a year?

[MA & SY 34]

My fiance just got divorce in September in mexico. Hes divorce certificated states he cant get married again after a year of being divorce. We are submitting our K1 packet in a week. Can we still file the packet? Can we get married in the US even though hes Mexican divorce certificate states he cant get married until after a year?

well, you can file for k1 visa since both of you are legal to get married, about stating in his divorce certificate he can't get married before a year. it will rely on how long the process of k1 visa when it will be finished to enter the US above that you will be having 90 days to get married within it.

in our case, the whole process took almost to get the visa in hand about 9 months and since my entry, I will be having 3 months more. however, for you, it might finish earlier or even takes longer. my advice is to just start to file for k1 visa now and wait.

all the best

[kzielu 1,149]

My fiance just got divorce in september in mexico. Hes divorce certificated states he cant get married again after a year of being divorce. We are summiting our K1 packet in a week. Can we still file the packet? Can we get married in the US even though hes mexican divorce certificate states he cant get married until after a year?

He has to be free to marry at time of petition filing. If he isn't (sounds like he is not), therefore you will waste time/money as the petition will get rejected.

[ZyU 1]

He can't get married in Mexico but in US it's different, I think you will don't have problem with that. Good luck!!

[NigeriaorBust 4,087]

He has to submit the divorce certificate which will state he is not free to marry for a year. Wait the year.

[Anatti87 164]

Thank you for your advice.

that 1 year stipulation was meant as referring to between them two. So they would have had to wait 1 year before remarrying each other if they had changed their mind. We also had her attorney review it and confirm for us. Wujuuu!

Thank you!

[MariaR323 199]

I was just about to chime in as well... we had the same issue and that 1 year stipulation was meant between them two.

Note: you must submit a copy of the acta de divorcio when you send in the I-129F application and make sure you submit an english translation. I was very meticulous when it came to that and I had to have the translation company revise their original translation to make sure it was clear that the 1 year stipulation was between them two.

Good luck!

Any questions feel free to PM me too.

Maria

[Anatti87 164]

I have gone to 5 translations companies and they all say that thats not what it says ?. Talk to immigration lawyers and 2/4 say the same and the other two say your right. Im confused ?

[Umka36 781]

I have gone to 5 translations companies and they all say that thats not what it says ?. Talk to immigration lawyers and 2/4 say the same and the other two say your right. Im confused ?

Talk to a 5th immigration lawyer to break the tie?

Edited December 2, 2016 by Umka36

[MariaR323 199]

I have gone to 5 translations companies and they all say that thats not what it says ?. Talk to immigration lawyers and 2/4 say the same and the other two say your right. Im confused ?

I can recommend you the translating company I used.

[Anatti87 164]

please I would really appreciate it

[Ontarkie 14,221]

~~Moved to the Regional Forum from K1P&P - As the OP is trying to figure out the her fiance's divorce decree concerning the waiting period and translation.~~

Edited December 3, 2016 by Ontarkie

[Villanelle 4,122]

https://www.justice.gov/sites/default/files/eoir/legacy/2012/08/27/1736.pdf

[Dianalorena 1,153]

It's really frustrating how they usually word things in Mexican legal documents.  When I got divorced I had to be careful since in many states, the women can't re marry (to anyone) in a year. Yup, just the women. My lawyer was able to bypass it by having me take a pregnancy test, since that outdated law is related to paternity issues. My divorce papers clearly state that ''we are both free to remarry after the date of the divorce'' and it doesn't mention anything regarding remarrying each other, which by the way: YUCK. were you able to submit your form? 

 

[Transborderwife 4,666]

I've seen this discussed on vj many times.  The consensus usually  seems to be that he's free to marry in the USA but not Mexico.  Whatever the date is on his certificate is what they go by.