Jump to content
TexHerts

Free to marry??

 Share

25 posts in this topic

Recommended Posts

Something we can maybe agree on here, is that a engagement which quickly follows a divorce can be viewed by some consulates as a red flag and raising suspicion for possible fraud. Those that maybe be ffected by this perhaps should take this into consideration as to the timing of the filing.

erfoud44.jpg

24 March 2009 I-751 received by USCIS

27 March 2009 Check Cashed

30 March 2009 NOA received

8 April 2009 Biometric notice arrived by mail

24 April 2009 Biometrics scheduled

26 April 2009 Touched

...once again waiting

1 September 2009 (just over 5 months) Approved and card production ordered.

Link to comment
Share on other sites

Something we can maybe agree on here, is that a engagement which quickly follows a divorce can be viewed by some consulates as a red flag and raising suspicion for possible fraud. Those that maybe be ffected by this perhaps should take this into consideration as to the timing of the filing.

I agree with you on this. :) At the very least such a thing may garner more questioning at the interview stage than normal. Again this depends on the country/consulate, but as all CO's are looking for signs of possible fraud during the interview(regardless of the beneficiary's country) if they see a petition filed the day after a divorce is final...or worse filed during the "cooling off period", they [the CO] may question the beneficiary more rigorously than otherwise. Definitely something to think about for those that such a situation applies to.

funny-dog-pictures-wtf.jpg
Link to comment
Share on other sites

Filed: K-1 Visa Country: Russia
Timeline

Yes, I understand that but we are not talking about getting married. We are talking about being free to marry and meeting that section of the K-1 immigration laws. The visa process is not an overnight thing. As long as the wedding itself did not occur within that period there would be no problem with laws anywere.

If you can get married anywhere regardless of if the home state would consider it valid then you would meet the criteria of the K-1 visa being free to marry. The visa itself is going to take 4-10 months and there are 90 days allowed for the marriage to occur so then all laws of that state would be met.

12/14/2006 Applied for K-1 with request for Waver for Multiple filings within 2 years.
Waiting - Waiting - Waiting
3/6 Called NVC file sent to Washington for "Administrative Review" Told to call back every few weeks. 7/6 Called NVC, A/R is finished, case on way to Moscow. YAHOO!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
7/13 On Friday the 13th we see updated Moscow website with our interview on 9/11 (Hope we are not supersticious) 9/11 Visa Approved. Yahoo.
10/12 Tickets for her to America. I am flying to JFK to meet her there. 12/15/07 We are married. One year and a day after filling original K-1
12/27 Filed for AOS, EAD & AP 1/3 Received all three NOA-1's 1/22 Biometrics 2/27 EAD & AP received 4/12 Interview
5/19/08 RFE for physical that she should not have needed. 5/28 New physical ($ 250.00 wasted) 6/23 Green Card received
4/22/10 Filed for Removal of Contitions. 6/25 10 Year Green Card received Nov, 2014 Citizenship ceremony. Our journey is complete.

Link to comment
Share on other sites

Filed: Other Country: United Kingdom
Timeline

In order to get a divorce in your local county in Texas, you have to have been a resident of that county for a certain amount of time (either 6 months or 90 days, I don't remember). so then the day you got your divorce, wouldn't you still be a resident of that county and have to abide by it's rules? if you moved to another state the next day, you are still 'technicly' a resident of your former city untill the new state, county or parish says otherwise. I was told I could not file for divorce in Illinois because I was not yet a legal resident of the state, I had to be there 90 days I think it was. I also could not file for divorce once returning to Texas because I had not lived in my local county for the time period they require.

Just some things to think about. Crazy I know. I was pretty upset I had to wait to get divorced. I guess it's a trade off since we have no state income tax here. :thumbs:

Another thing, would the wedding take place in Texas? Because when you remarry, won't the courthouse know when you got divorced? Seperate idea, I know, sorry.

Now what does this mean for the K-1 application? I don't know. I personally would still go ahead with it because like I said, by the time you actually marry, the 90 day waiting period will be over since the 90 days begins the day the divorcing party in Texas gets their final divorce decree. Will the embassy in London know your local state, county or parish's laws about cooling off periods? More than likely not. By the time you get the visa, the 90 days will be up and you will have a free to marry Texan.

If the terminology still makes you nervous, wait out the 90 days. We are waiting till October only because airfare will be cheaper by then.

Another thing, I know I may have misspelled some words and some may begin a flame war over that alone, but I have no idea where spellcheck is here. Anyone know?

Edited by kisschick1976

Life long Texan, living in Hull, UK. How did this happen?

11 January - We met online and became friends

4 February - Became a couple

17 March - I went to Hull to meet the guy

20 March - First "I love you"

25 March - I go home :(

16 November - He comes to visit me in Texas

25 November - he leaves back home :(

14 December - ENGAGED! <3

1 March- I fly off to see my babe in Hull

4 April - I go home :(

9 October - He comes back to Texas!!!!

13 October - WEDDING!!!

22 October - He goes back to England and I continue to wait for my settlement visa.

13 December 2007 - Move to England

Now the wait begins, I will become a citizen then we will DFC back to the US.

the-british-are-comming-small.jpg965-smaller.jpg

Our slide show .......... Our page on TheKnot.com

.png

Link to comment
Share on other sites

Filed: K-1 Visa Country: Ukraine
Timeline
Another thing, I know I may have misspelled some words and some may begin a flame war over that alone, but I have no idea where spellcheck is here. Anyone know?

When you write a reply in a thread, look for the little "ABC" with a checkmark. That will be your spellchecker.

To go off topic here, I too am a KISS fan. I first saw them on August 16, 1977 in San Francisco, the night Elvis died. I've seen them countless times since then along with Paul Stanley on his solo tours as well as meeting a couple of the members.

Now, back to the topic! :lol:

Joseph

us.jpgKarolina

AOS application received Chicago - 11/12/2007

Link to comment
Share on other sites

Filed: K-1 Visa Country: Russia
Timeline
If the terminology still makes you nervous, wait out the 90 days. We are waiting till October only because airfare will be cheaper by then.

Are you aware that the Visa fee's are going up October 1st by about the price of an airline ticket?

Edited by Turboguy

12/14/2006 Applied for K-1 with request for Waver for Multiple filings within 2 years.
Waiting - Waiting - Waiting
3/6 Called NVC file sent to Washington for "Administrative Review" Told to call back every few weeks. 7/6 Called NVC, A/R is finished, case on way to Moscow. YAHOO!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
7/13 On Friday the 13th we see updated Moscow website with our interview on 9/11 (Hope we are not supersticious) 9/11 Visa Approved. Yahoo.
10/12 Tickets for her to America. I am flying to JFK to meet her there. 12/15/07 We are married. One year and a day after filling original K-1
12/27 Filed for AOS, EAD & AP 1/3 Received all three NOA-1's 1/22 Biometrics 2/27 EAD & AP received 4/12 Interview
5/19/08 RFE for physical that she should not have needed. 5/28 New physical ($ 250.00 wasted) 6/23 Green Card received
4/22/10 Filed for Removal of Contitions. 6/25 10 Year Green Card received Nov, 2014 Citizenship ceremony. Our journey is complete.

Link to comment
Share on other sites

Filed: Other Country: United Kingdom
Timeline
Another thing, I know I may have misspelled some words and some may begin a flame war over that alone, but I have no idea where spellcheck is here. Anyone know?

When you write a reply in a thread, look for the little "ABC" with a checkmark. That will be your spellchecker.

To go off topic here, I too am a KISS fan. I first saw them on August 16, 1977 in San Francisco, the night Elvis died. I've seen them countless times since then along with Paul Stanley on his solo tours as well as meeting a couple of the members.

Now, back to the topic! :lol:

Hmm I don't see an ABC with a check mark anywhere... maybe because I am using Firefox?

Ohh I've seen Kiss 3 times now, all with the makeup! dosen't really count if this was all after the reunion tour lol! I am a huge Kiss fan, I even have a Kiss tattoo on my back! :)

If the terminology still makes you nervous, wait out the 90 days. We are waiting till October only because airfare will be cheaper by then.

Are you aware that the Visa fee's are going up October 1st by about the price of an airline ticket?

Are you also aware that I am immigrating to the UK instead of my fiance immigrating to the US? (Why am I here then? check my time line, this isn't my first rodeo, hence the divorce.)

Dosen't matter anyway, the fees for a settlement visa just doubled to £500 beginning 1 April anyway so I will take a £300 savings anyway I can take it! It's also to save everyone on airfare for the wedding, not just me. Both his parents are flying in from Spain round trip, he's flying in round trip and I will be buying a round trip ticket since it's cheaper than a one way ticket.

Life long Texan, living in Hull, UK. How did this happen?

11 January - We met online and became friends

4 February - Became a couple

17 March - I went to Hull to meet the guy

20 March - First "I love you"

25 March - I go home :(

16 November - He comes to visit me in Texas

25 November - he leaves back home :(

14 December - ENGAGED! <3

1 March- I fly off to see my babe in Hull

4 April - I go home :(

9 October - He comes back to Texas!!!!

13 October - WEDDING!!!

22 October - He goes back to England and I continue to wait for my settlement visa.

13 December 2007 - Move to England

Now the wait begins, I will become a citizen then we will DFC back to the US.

the-british-are-comming-small.jpg965-smaller.jpg

Our slide show .......... Our page on TheKnot.com

.png

Link to comment
Share on other sites

In my case, I am also a resident of Wisconsin. In this state it clearly states in your divorce decree that you are not free to marry for 6 months after the final hearing. So whether or not you are free to marry would depend on what your divorce decree says. If it states you must wait to marry, then I would think you are not free to marry. I think there all some state laws that all other states recognize, divorce laws may be some of those laws. I am not a lawyer, but I think this is the case. Anyway, the judge at my final divorce hearing was quite clear, I was not free to marry any where in the world for 6 months and it so states in my decree. I waited to file my I-129f...

04/19/2006 - met for the first time

01/12/2007 - sent I-129f to Nebraska

01/22/2007 - NOA1

04/20/2007 - NOA2

07/20/2007- Interview in Moscow

09/19/2007- Married

01/25/2008- AOS package mailed

08/27/2008-Interview-approved

09/10/2008-GC received

08/21/2010-10yr green card received

love is where you find it, even if it is a half a world away

Link to comment
Share on other sites

  • 5 months later...
Filed: AOS (apr) Country: Russia
Timeline
I have a small question here regarding the 'free to marry' aspect of the visa.

Both of us are in the process of divorces and we have a question.

As she is in Texas she believes that once divorced that she has to wait 90 days from the date of her final decree before she is able to re-marry.

Does this law still exist? (her parents had to do this 20+ years ago)

Does it mean that if it still exists, that she cannot actually apply for my visa until her 90 days is up?

Thanks

Dude! Please fix your timeline! I think you'll find a lot of common interests in this video...

22 Jun 05 - We met in a tiny bar in Williamsburg, Va. (spent all summer together)

27 May 06 - Sasha comes back for a 2nd glorious summer (spent 8 months apart)

01 Jan 07 - Jason travels to Moscow for 2 weeks with Sasha

27 May 07 - Jason again travels to Moscow for 2 weeks of perfection

14 July 07 - I-129F and all related documents sent to VSC

16 July 07 - I-129F delivered to VSC and signed for by P. Novak

20 July 07 - NOA1 issued / receipt number assigned

27 Sep 07 - Jason travels to Moscow to be with Sasha for 2 weeks

28 Nov 07 - NOA2 issued...TOUCHED!...then...APPROVED!!!

01 Dec 07 - NVC receives/assigns case #

04 Dec 07 - NVC sends case to U.S. Embassy Moscow

26 Dec 07 - Jason visits Sasha in Russia for the 4th and final time of 2007 :)

22 Feb 08 - Moscow Interview! (APPROVED!!!)..Yay!

24 Mar 08 - Sasha and Jason reunite in the U.S. :)

31 May 08 - Married

29 Dec 08- Alexander is born

11 Jan 10 - AOS / AP / EAD package sent

19 Jan 10 - AOS NOA1 / AP NOA1 / EAD NOA1

08 Feb 10 - AOS case transferred to CSC

16 Mar 10 - AP received

16 Mar 10 - AOS approved

19 Mar 10 - EAD received

22 Mar 10 - GC received

Link to comment
Share on other sites

Filed: Country: Spain
Timeline

If Texas has a 60/90 day waiting period, and you are going to continue to live in Texas, then Texas will not reognize a marriage that was undertaken in another jurisdiction soley to circumvent the Texas statues. You have a voidable marriage that could be set aside.

Im sure the legal staff at USCIS would pick up on this as they have done with people you get a divorce in Guam, or the DR just because they are fast, but circumvent the laws of the state where you live,,,,its a voidable divorce.

California, for example, will not recognize any divorce in another jurisdiction if you move back into California within two years of getting a divorce in another jurisdiction (like Nevada with its 6 week residency requirements). Any Calif court would set it aside upon the otion of any involved oarty, like the ex-spouse, for example)

wait the 60/90 days before filing.

I finally got rid of the never ending money drain. I called the plumber, and got the problem fixed. I wish her the best.

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...