Is there a specific time that a petitioner need to wait after divorcing to file for the K1 visa?

[Kaykay2019 5]

13 hours ago, geowrian said:

Not to be too pedantic, but some states (Texas is the big one) have a "waiting period" even after a final order for divorce in which one is not yet "free to marry". So the "next day" is pushing it in those cases. haha

I could file now too but I don’t have a lot of evidence since we didn’t spend much time as a result of me being married when we encountered each other. 

[Kaykay2019 5]

21 hours ago, debbiedoo said:

Did you pull/cancel the 864 for him? if not, even if you are divorced and even if he makes more money than you and is not dependent on you in any way, for the purpose of sponsoring another immigrant, you are.

Unfortunately I didn’t. I am did not know that it is an option either.

[Unlockable 7,314]

18 minutes ago, Kaykay2019 said:

Unfortunately I didn’t. I am did not know that it is an option either.

It was only an option up until your ex got his green card. Once the green card is issued to him, the affidavit is "in the books" and can't be removed by you.

 

You are not the first nor won't be the last to find this out after the fact. We have had a good share of people who were in bad marriages to immigrants be upset that they were "still on the hook" to them after the break up.

 

Best of luck to you.

[Kaykay2019 5]

1 hour ago, Unlockable said:

It was only an option up until your ex got his green card. Once the green card is issued to him, the affidavit is "in the books" and can't be removed by you.

 

You are not the first nor won't be the last to find this out after the fact. We have had a good share of people who were in bad marriages to immigrants be upset that they were "still on the hook" to them after the break up.

 

Best of luck to you.

Indeed. Thanks for the clarification. 

[Kaykay2019 5]

19 hours ago, HRQX said:

Is he now a US citizen? Or at any point could he receive credit for 40 quarters? After divorce, he could no longer count the SSA credits you earned during the marriage: https://secure.ssa.gov/apps10/poms.nsf/lnx/0500502135 "a spouse(s) (as defined in SI 00501.150B.1. and developed per SI 00502.145) during their marriage if the marriage continues or the spouse is deceased."

 

Otherwise, that I-864 obligation is still in effect.

Not yet . 

[Carpe Vinum 2,327]

On 11/17/2019 at 6:48 PM, geowrian said:

Not to be too pedantic, but some states (Texas is the big one) have a "waiting period" even after a final order for divorce in which one is not yet "free to marry". So the "next day" is pushing it in those cases. haha

Yep, I would probably give at least a three day weekend)))

[Carpe Vinum 2,327]

On 11/18/2019 at 10:26 AM, Kaykay2019 said:

Not yet . 

You may not be giving him any money and he may be doing fine but if he doesn't meet the requirements listed by others above you are still his "sponsor." If things go south for him later you may find yourself on the hook. Also, you have to list him as a dependent on a subsequent 864 and I believe there is a place on the 129F to list previous people you have sponsored for immigration. I got lucky as my previous spouse had already become a citizen before our divorce.

[Xia Angela 5]

On 11/18/2019 at 7:48 AM, geowrian said:

Not to be too pedantic, but some states (Texas is the big one) have a "waiting period" even after a final order for divorce in which one is not yet "free to marry". So the "next day" is pushing it in those cases. haha

My fiance divorce in Texas , judge signed 29 sept 2019 and we file 4 oct 2019 , waiitng our NOA2 now. 

 

Is this going to be a problem? Thanks

[geowrian 22,337]

27 minutes ago, Xia Angela said:

My fiance divorce in Texas , judge signed 29 sept 2019 and we file 4 oct 2019 , waiitng our NOA2 now. 

 

Is this going to be a problem? Thanks

Possibly. See:

https://lawyerdefend.me/how-soon-remarriage-after-divorce-in-texas/

https://kalishlawtexas.com/remarrying-after-divorce-the-30-day-waiting-period-in-texas/

 

Under these, you are not considered "free to marry" (<Edit: Removed possibly inaccurate statement<).

Edited December 6, 2019 by geowrian

[Xia Angela 5]

45 minutes ago, geowrian said:

Possibly. See:

https://lawyerdefend.me/how-soon-remarriage-after-divorce-in-texas/

https://kalishlawtexas.com/remarrying-after-divorce-the-30-day-waiting-period-in-texas/

 

Under these, you are not considered "free to marry" (<Edit: Removed possibly inaccurate statement<).

Yes , but we are not going to marry until next year when i get my visa. it's just submit document to USCIS. 

Thank you for reply

[SalishSea 17,829]

Just now, Xia Angela said:

Yes , but we are not going to marry until next year when i get my visa. it's just submit document to USCIS. 

Thank you for reply

That does not matter.  The requirement is to be free to marry at the time the petition is filed....

[Xia Angela 5]

5 minutes ago, Jorgedig said:

That does not matter.  The requirement is to be free to marry at the time the petition is filed....

Hii , final divorce decree signed 29 sept 2019. legally said he's divorce at that time and we file 4 oct , im super worried now >,<

[SalishSea 17,829]

Just now, Xia Angela said:

Hii , final divorce decree signed 29 sept 2019. legally said he's divorce at that time and we file 4 oct , im super worried now >,<

I haven't read the link regarding the waiting period, but if that is the case, he would not have been eligible to file the petition at the time.

[Xia Angela 5]

1 minute ago, Jorgedig said:

I haven't read the link regarding the waiting period, but if that is the case, he would not have been eligible to file the petition at the time.

re-marrying waiting period, yes but we're not going to marry until next year my visa approved. This is confusing , judge signed final divorce decree mean he free legally to marry. and we will pass the waiting period later. Im super confuse now

[SalishSea 17,829]

4 minutes ago, Xia Angela said:

re-marrying waiting period, yes but we're not going to marry until next year my visa approved. This is confusing , judge signed final divorce decree mean he free legally to marry. and we will pass the waiting period later. Im super confuse now

Like both Geo and I have said:  the requirement is to be free to marry at the time the petition is filed.  If he filed five days after the decree of dissolution was final,  and there is a 30+ day waiting period before remarrying, then the petition could be denied on that basis.

Edited December 6, 2019 by Jorgedig