Another question

[Stumpjumper 0]

We are trying to get an idea on how soon we will be together. My divorce will be final in 2 months, but the law here is I can't marry again for 6 months after.

Do we have to wait that whole 6 months before filing or can we file as long as I am legally divorced?

The plan was that we would file and she would come here 60 days before my 6 months was up that way we could get married within 30 days after.

Maybe thats not real great either if we have to worry about the time it takes to get approved for marriage licenses?

We just want to be together really bad, this wait sure sucks.

[bostonparis 0]

We are trying to get an idea on how soon we will be together. My divorce will be final in 2 months, but the law here is I can't marry again for 6 months after.

Do we have to wait that whole 6 months before filing or can we file as long as I am legally divorced?

The plan was that we would file and she would come here 60 days before my 6 months was up that way we could get married within 30 days after.

Maybe thats not real great either if we have to worry about the time it takes to get approved for marriage licenses?

We just want to be together really bad, this wait sure sucks.

You must be legally free to marry when you file. If the law where you are states you cannot legally marry for 6 months after your divorce is final, then you must wait until then to file. Sorry for the bad news...

[mybackpages 0]

We are trying to get an idea on how soon we will be together. My divorce will be final in 2 months, but the law here is I can't marry again for 6 months after.

Do we have to wait that whole 6 months before filing or can we file as long as I am legally divorced?

The plan was that we would file and she would come here 60 days before my 6 months was up that way we could get married within 30 days after.

Maybe thats not real great either if we have to worry about the time it takes to get approved for marriage licenses?

We just want to be together really bad, this wait sure sucks.

You must be legally free to marry when you file. If the law where you are states you cannot legally marry for 6 months after your divorce is final, then you must wait until then to file. Sorry for the bad news...

You might be right Boston, but I am not sure. I think it depends on what the divorce papers say not the laws for getting married in the state of residency say. For example, stumpjumper lives in a state that will not allow marriage until 6 months after the final divorce decree, but statejumper could fly to Vegas and get married. The marriage would be legal in his/her home state.

[Stumpjumper 0]

uffffff

That's kinda what I thought.

So what is the average wait time to get the approval, using a K1 Visa attorney? I was looking at the graphs and it looked like 4 months, but I see others 9 month long timelines...

[pushbrk 13,333]

We are trying to get an idea on how soon we will be together. My divorce will be final in 2 months, but the law here is I can't marry again for 6 months after.

Do we have to wait that whole 6 months before filing or can we file as long as I am legally divorced?

The plan was that we would file and she would come here 60 days before my 6 months was up that way we could get married within 30 days after.

Maybe thats not real great either if we have to worry about the time it takes to get approved for marriage licenses?

We just want to be together really bad, this wait sure sucks.

You must be legally free to marry when you file. If the law where you are states you cannot legally marry for 6 months after your divorce is final, then you must wait until then to file. Sorry for the bad news...

You must be legally free to marry when you file but you are not required to marry where you live. If you're divorce is final, you can get married in Las Vegas or any other place in the US where you are free to marry. Neither the USCIS or Embassies and Consulates abroad are generally well versed in local legal requirements. They will only be concerned with whether you are both of age and either single or divorced.

[Dan J 277]

That is a good question, you will definetly have to wait at least 2 months until your divorce is final to file. As far as the 6 month waiting period? I dont know. If you could marry outside of the state and that would be valid, then I dont see what the problem would be with filing during that period. But you might want to run that by an immigration lawyer first.

[mybackpages 0]

That is a good question, you will definetly have to wait at least 2 months until your divorce is final to file. As far as the 6 month waiting period? I dont know. If you could marry outside of the state and that would be valid, then I dont see what the problem would be with filing during that period. But you might want to run that by an immigration lawyer first.

Where did you see this? Am I just issing something? I have never seen USCIS place this kind of requirement on filing?

[Stumpjumper 0]

We are trying to get an idea on how soon we will be together. My divorce will be final in 2 months, but the law here is I can't marry again for 6 months after.

Do we have to wait that whole 6 months before filing or can we file as long as I am legally divorced?

The plan was that we would file and she would come here 60 days before my 6 months was up that way we could get married within 30 days after.

Maybe thats not real great either if we have to worry about the time it takes to get approved for marriage licenses?

We just want to be together really bad, this wait sure sucks.

You must be legally free to marry when you file. If the law where you are states you cannot legally marry for 6 months after your divorce is final, then you must wait until then to file. Sorry for the bad news...

You must be legally free to marry when you file but you are not required to marry where you live. If you're divorce is final, you can get married in Las Vegas or any other place in the US where you are free to marry. Neither the USCIS or Embassies and Consulates abroad are generally well versed in local legal requirements. They will only be concerned with whether you are both of age and either single or divorced.

Ohhh now thats music to my ears! So that 6 month wait period for me to remarry isnt a nationwide law?

[Dan J 277]

That is a good question, you will definetly have to wait at least 2 months until your divorce is final to file. As far as the 6 month waiting period? I dont know. If you could marry outside of the state and that would be valid, then I dont see what the problem would be with filing during that period. But you might want to run that by an immigration lawyer first.

Where did you see this? Am I just issing something? I have never seen USCIS place this kind of requirement on filing?

His divorce will be final in 2 months, you have to be legally able to marry when you file. So he has to wait the 2 months until after his divorce is finalized.

[mybackpages 0]

That is a good question, you will definetly have to wait at least 2 months until your divorce is final to file. As far as the 6 month waiting period? I dont know. If you could marry outside of the state and that would be valid, then I dont see what the problem would be with filing during that period. But you might want to run that by an immigration lawyer first.

Where did you see this? Am I just issing something? I have never seen USCIS place this kind of requirement on filing?

His divorce will be final in 2 months, you have to be legally able to marry when you file. So he has to wait the 2 months until after his divorce is finalized.

Thanks! I am misreading all over the place tonight!

[msu17 0]

uffffff

That's kinda what I thought.

So what is the average wait time to get the approval, using a K1 Visa attorney? I was looking at the graphs and it looked like 4 months, but I see others 9 month long timelines...

This is going to depend on where you file through and the consulate. Vermont is super fast and approvals come through USUALLy within a month. Cali is slow, around 3 months (if your lucky) is standard there. Then embassy wait time is extremely variable. Look up timelines of those with similar consulates and service centers.

[The Way it Is 0]

We are trying to get an idea on how soon we will be together. My divorce will be final in 2 months, but the law here is I can't marry again for 6 months after.

Do we have to wait that whole 6 months before filing or can we file as long as I am legally divorced?

The plan was that we would file and she would come here 60 days before my 6 months was up that way we could get married within 30 days after.

Maybe thats not real great either if we have to worry about the time it takes to get approved for marriage licenses?

We just want to be together really bad, this wait sure sucks.

You must be legally free to marry when you file. If the law where you are states you cannot legally marry for 6 months after your divorce is final, then you must wait until then to file. Sorry for the bad news...

You might be right Boston, but I am not sure. I think it depends on what the divorce papers say not the laws for getting married in the state of residency say. For example, stumpjumper lives in a state that will not allow marriage until 6 months after the final divorce decree, but statejumper could fly to Vegas and get married. The marriage would be legal in his/her home state.

Not true. What you have now is a voidable marriage. Any court in your home state would throw it out in a minute as it was done to circumvent the laws of the state that has jurisdiction, The USCIS will view it the same way and would not approve your petition since you are not free to marry.

[kitkat1 5]

BTW, using a "K1 visa attorney" won't change anything in terms of how long your approval takes. In fact, it could take longer since attorneys make mistakes.

Simply read the I-129F instructions:

7. What Documents Do You Need toProve That You Can Legally Marry?

C. If either you or your fiancé(e) were married before,give copies of documents showing that each priormarriage was legally terminated.

Therefore, your marriage must be legally terminated, according to the laws in your state, before you file.

[Turboguy 6]

First off Stumpjumper if you fill in the state where you live when you ask questions here people will be able to give you a better answer.

Second. If your divorce decree says you must wait for 6 months to remarry then you will likely have to wait 6 months to file because you have to send a copy of your divorce decree with your K-1 application so you stand a risk of denial if you file sooner. If you divorce decree does not say that then you could file at the end of the two month period since you would be free to marry, just not in your home state.

[Otto 83]

First off Stumpjumper if you fill in the state where you live when you ask questions here people will be able to give you a better answer.

Second. If your divorce decree says you must wait for 6 months to remarry then you will likely have to wait 6 months to file because you have to send a copy of your divorce decree with your K-1 application so you stand a risk of denial if you file sooner. If you divorce decree does not say that then you could file at the end of the two month period since you would be free to marry, just not in your home state.

I agree - State would help others help you.. =)

Secondly - I suspect it's not the decree that is the restriction (although could obviously be wrong) but rather in obtaining a marriage license.. If that is the case, you're very likely free to marry in any state that doesn't have that restriction (of course after your divorce is final that is).