K1 after divorce

[TinTin and Samby 11]

My boyfriend just called to tell me that after I gave him all the information from here, he contacted an immigration firm. They think it shouldn't be a problem, but they agreed to look into it for us. So that means there's still hope that we can file this month

Sorry, but those sneaky USCIS folks really outdid themselves on the wording on this one for the 129F application.

The 129F does not state that your divorce must be final (which in Wisconsin, it is on the day of the court decree - no waiting period required for the divorce to be final). Unfortunately, the wording on the 129F states that your must be "Free to Marry". This includes both having the Final Divorce Decree PLUS the expiration of any subsequent waiting period required before being able to remarry (and in Wisconsin, that is 6 months from the the date of the final divorce decree).

You're going to have to wait for the 6 months after the final divorce decree to elapse before you can file the 129F. Pretty much sucks...but, there it is. Best of Luck.

Samby (Wisconsin divorce - 2002)

[aaron&lidia 0]

my situation is the same. i married someone ten years ago. it didn't work out. moved to Mexico, met Lidia been with her for the past 5 years. anyway, my divorce was final in July but i have to wait six months to get married again. i was confused also; does that mean I have to wait six months before i can even file, and the wait another six months for the paperwork to go through. i got an info pass went to the local office and asked that question. i was informed that i can't get married within that six month period, however, i can still file because there is about a six month wait. and the clock does not start ticking on the "90 days to get married clock" until Lidia comes back into the U.S. so if our case takes 120 days we are safe because you add 60 to that and we have a 30 day window to get married. sorry if that was a bit long winded. my point is go ahead and file if they say no because a time factor at least you tried. hope for the best plan for the worst.

[rebeccajo 14]

I think it would have been just as easy to say you must both be free and able to marry at the time of filing.

I believe that was said and the OP was still looking for a different answer. Straw-grasping serves no purpose at this point. Facts are facts and it's best if the OP faces them now.

I understand it's not what she wants to hear. I understand it stinks and the Wisconsin law is draconian. But - it is what it is. Believe me if there were a shortcut we would all have a lively discussion here sharing that knowledge. Unfortunately, this just is not one of those times.

[radsr2002 0]

If your divorce papers indicate a waiting period,

The you are not free to marry.

You must wait out the time line.

If you file earlier you risk getting denied. That could create problems the 2nd time you file.

Just wait out the time and use the time to get everything right.

Rick

[*julez* 124]

If your divorce papers indicate a waiting period,

The you are not free to marry.

You must wait out the time line.

If you file earlier you risk getting denied. That could create problems the 2nd time you file.

Just wait out the time and use the time to get everything right.

Rick

I agree. The divorce decree states that your fiance can get married again after a six month waiting period. If you file now, its most likely that the petion will be denied and you'll have to refile once he is free to marry and you'll have to pay the fee twice. Wisconsin stinks!

[DerekJ 0]

If your divorce papers indicate a waiting period,

The you are not free to marry.

You must wait out the time line.

If you file earlier you risk getting denied. That could create problems the 2nd time you file.

Just wait out the time and use the time to get everything right.

Rick

I agree. The divorce decree states that your fiance can get married again after a six month waiting period. If you file now, its most likely that the petion will be denied and you'll have to refile once he is free to marry and you'll have to pay the fee twice. Wisconsin stinks!

This is correct. Unfortunately, WI is one of those states with a waiting period. While such arcane laws have little applicability in today's world, they were put in place to allow spouses a "cooling off" period during which they could resurrect their marriage. Wait the six months to avoid the hassle.

[KarenCee 3]

I was divorced in Wisconsin. It clearly stated on my divorce decree that I was not free to marry for six months after the final hearing where the divorce was finalized. If your boyfriend was divorced in Wisconsin it will state this on his decree as well. Since you have to send this decree with your I-129f as proof of divorce and you must be free to marry at the time of filing your I-129f you will have to wait out the six months. I did.

To the OP: Did you miss this post? The person above answered your question.

[desert_fox 32]

My boyfriend just called to tell me that after I gave him all the information from here, he contacted an immigration firm. They think it shouldn't be a problem, but they agreed to look into it for us. So that means there's still hope that we can file this month

If you use this firm...make sure you have a money back guarantee when you get denied.

You will be denied by the way.

Get married in LV...aint worth a damn in WI....not free to marry.

[Stardust72 0]

I was divorced in Wisconsin. It clearly stated on my divorce decree that I was not free to marry for six months after the final hearing where the divorce was finalized. If your boyfriend was divorced in Wisconsin it will state this on his decree as well. Since you have to send this decree with your I-129f as proof of divorce and you must be free to marry at the time of filing your I-129f you will have to wait out the six months. I did.

To the OP: Did you miss this post? The person above answered your question.

No, I didn't miss it. But this just seems to be one person's opinion. So it doesn't really answer my question without any doubt.

i was informed that i can't get married within that six month period, however, i can still file because there is about a six month wait. and the clock does not start ticking on the "90 days to get married clock" until Lidia comes back into the U.S. so if our case takes 120 days we are safe because you add 60 to that and we have a 30 day window to get married. sorry if that was a bit long winded. my point is go ahead and file if they say no because a time factor at least you tried. hope for the best plan for the worst.

So far that seems to be the point of view of the firm we want to use, but before we file anything I want to make absolutely sure that they know what they're talking about so we will talk to them again.

If you use this firm...make sure you have a money back guarantee when you get denied.

Dont worry, we checked... they do.

[aaron&lidia 0]

Just keep checking back to this post, if we get denied I'll let you know, easy. I can't understand why every one is so quick to shoot down your hopes. i think some people forget how they felt when they first started this process... you have nothing, you feel desperate. If we get denied at least I tried to get my family back, you can't put a price on that.

[rebeccajo 14]

If you file and the petition is denied you will have lost time and money.

When you re-file you will have to address the previous petition when you answer Question 11 on the I129F and I do believe you will have to file an IMBRA waiver.

[aaron&lidia 0]

i'm okay with that. i don't care how much i have to spend the worst part is doing nothing.

[Caladan 19]

Just keep checking back to this post, if we get denied I'll let you know, easy. I can't understand why every one is so quick to shoot down your hopes. i think some people forget how they felt when they first started this process... you have nothing, you feel desperate. If we get denied at least I tried to get my family back, you can't put a price on that.

Because we don't think someone should spend $455 to get denied when they can use that money to put toward one more trip together and file at Christmas. We could just blow sunshine up their ### to give them false hope, but I think that's not responsible when the instructions on the petition say 'free to marry at the time of filing.' At least we tried to get my family back... well, if he waits six months, he can try and SUCCEED.

The fact is that USCIS and the State department are not going to hand someone a visa when they're not eligible for it on the promise that the person will not use the visa until they're eligible. They can't adjudicate what they can't see, and that includes the future. Maybe the visa applicant becomes eligible. Maybe the guy reconciles with his spouse and now the new girl has no one to marry and the U.S. has just essentially let someone into the country who will go out of status. Maybe the whole process takes four months.

[TracyTN 237]

Just keep checking back to this post, if we get denied I'll let you know, easy. I can't understand why every one is so quick to shoot down your hopes.

So you'd rather folks here give incorrect advice just so feelings are spared?

Try it if you want - if you get denied, at least you can say that we understood your feelings. I'm sure that will make you feel better in the event you then face an even longer delay in being together.

[payxibka 10,045]

If you file and the petition is denied you will have lost time and money.

When you re-file you will have to address the previous petition when you answer Question 11 on the I129F and I do believe you will have to file an IMBRA waiver.

Technically, an IMBRA waiver is required if it is on your third petition or a second petition within two years and two or more alien fiance(e)'s. A second petition for the same alien finace(e) is not suppose to be applicable. However, there was rumors a year or so ago that the USCIS was misinterpreting the law...