K1 process and divorce/marriage laws in wisconsin

[undeadmike 0]

Hi everybody!

I hope somebody can answer this question or at least point me to somebody who could. Me and my girlfriend plan to get married. She lives in Wisconsin, I live in germany. Her divorce is still in process though, but should be final within the next couple of weeks. Of course, we want to start filing the paperwork for the K1 as soon as possible afterwards.

Now for the question:

In the requirements for the K1 it states that both have to be free to marry. I am unmarried and she will get her divorce decree soon (we hope). Anyway, in WI there seems to be a law which basically says that even though a divorce might be final you cannot get married in Wisconsin for another 6 months after that.

But since the immigration law is federal law and we could technically get married in Vegas for example, could we start the paperwork right away or would we have to wait those 6 months?

Has anybody ever had a similar situation, heard of one or knows what the USCIS counts as "free to marry"?

Thank you in advance for your answers.

undeadmike

[Krikit 1,164]

Once the divorce is final she is free to marry and submit the K1 application. The process will take you beyond the six month wait in WI anyway. Good luck.

[gag54611 1]

I recall reading of cases similar to yours in other posts on VJ. In all cases, if memory serves me correctly, you must wait for the 6 months. The States dictate marriage and divorce, not Federal, so their rules apply I'm afraid.

Hopefully you'll get responses from others on VJ who have had similar circumstances.

In the meantime, here is a link to a similar thread.

G

PS I don't agree with Krikit implying that you can apply before the 6-month wait is up. I don't think you can. The document that your fiancee gets from the court will stipulate the conditions under which she can remarry. If it says she must wait 6 months, then you cannot apply until those 6 months are up, and then you'll have perhaps another 6 months while the process runs its course. It seems like it will be this time next year at least before you can expect to be here in the USA.

Edited June 17, 2006 by gag54611

[undeadmike 0]

I know that we couldnt marry in Wisconsin and that the marriage law is state law. The question is.. can we marry in a different state where their marriage laws apply? We didnt wanted to get married in Wisconsin anyway.

[m_olask 0]

its similar in texas, but its only 30 days. ive read one attorneys website who says you can go out of state to remarry, but if the divorce is appealed, the marriage could be nulled.

http://www.legalexplorer.com/legal/legal-Q...Sid=26&Qid=1#A2

doesnt look good, i would ask someone with specific legal expertise in the area

[kaleigh 0]

I know that we couldnt marry in Wisconsin and that the marriage law is state law. The question is.. can we marry in a different state where their marriage laws apply? We didnt wanted to get married in Wisconsin anyway.

If your girlfriend is comfortable asking her divorce attorney, he/she should be able to answer that question.

[eclowjpd 0]

This totally incorrect. If you have a divorce decree, you are free to marry and meet the requirement of the K1. Once you have a divorce decree, you can apply for the K1.

I recall reading of cases similar to yours in other posts on VJ. In all cases, if memory serves me correctly, you must wait for the 6 months. The States dictate marriage and divorce, not Federal, so their rules apply I'm afraid.

Hopefully you'll get responses from others on VJ who have had similar circumstances.

In the meantime, here is a link to a similar thread.

G

PS I don't agree with Krikit implying that you can apply before the 6-month wait is up. I don't think you can. The document that your fiancee gets from the court will stipulate the conditions under which she can remarry. If it says she must wait 6 months, then you cannot apply until those 6 months are up, and then you'll have perhaps another 6 months while the process runs its course. It seems like it will be this time next year at least before you can expect to be here in the USA.

[gag54611 1]

eclowjpd,

This is not incorrect at all. You must submit a copy of the divorce decree with the I-129F submission. If the decree states that it is not final until 120 days after it was signed by the judge, then your fiancee is not free to marry until that time.

undeadmike,

Your question is irrelevant to the discussion. You are planning to come here as a fiance with a K-1 visa, but your fiancee cannot send in the I-129F until 120 days after the judge signs. At that point, the 2 of you are free to marry anywhere in the USA that you like, but of course you're going to have to wait for the 6 months or so that it takes for you to be granted the visa.

G

[gag54611 1]

Here is a link to a FAQ on WI divorce law. It states clearly (see item #4) that there is a 120 day waiting period before the divorce can be finalized, although it also states that it could be longer.

G

[undeadmike 0]

@gag54611

It's not about the 120 days until the divorce is final. It's about the 6 months waiting period after the divorce is final.

The funny thing is that the law of WI apparantly states that after the divorce gets filed, there is a waiting period of 120 days before it can come to the final hearing in court. So far so good. If the judge divorces the marriage it gets final at that point and you get your divorce decree. And then after that you can't get married under WI law, even though you have a decree and the divorce is considered final.

The divorce is final, you have your decree. Theoretically, you are eligible to apply for a K1, but shouldnt get married before the 6 months waiting period expires.

Unless they don't count you as free to marry because you have the waiting period (even though the divorce is final as per decision of the judge and stated in the decree.)

So it's not that you have to wait 6 months before your divorce is final... you have to wait 6 months after that even though its final.

And now the question is... does USCIS care about that or do they just assume you are not going to get married before those 6 months expire anyway? Since the K1 process takes some time and you have some wiggle room anyway (6 months valid K1 visa plus 3 months time to marry & file for AOS)

Edited June 17, 2006 by undeadmike

[mendeleev 68]

The laws in Wisconsin have changed, but in the past Wisconsin made this 6-month period a lot tougher than other states. In Wisconsin, it used to be the case that if someone remarried within the 6-month period after a divorce becomes final, the divorce becomes void, the old marriage regains legal validity, and the newly remarried person has committed bigomy.

Be careful.

[diadromous mermaid 36]

The Wisconsin statute actually states that no divorcé(e) may marry until a 120-day waiting period after divorce has elapsed, whether a Wisconsin resident or not. If the "free to marry" issue with the K-1 for immigration were not an issue, were you to marry in Las Vegas, that marriage would not be considered legally valid in Wisconsin, unless you remarry in Wisconsin after the 120 day waiting period. Under these cricumstances, the prior marriage in Las Vegas would not have to be annulled prior to marrying again in the "Cheese State". Odd.

[eclowjpd 0]

I would not be concerned at all about the six month waiting period to remarry, where the filing of the K1 is concerned. But if you are really concerned about this, suggest you ask an immigration attorney.

If you are divorced, you are free to marry. If you have a divorce decree that is effective June 1, you can date your I129 June 2. I know, I submitted mine 3 days after a divorce. Again, if you are unsure, talk to an attorney.

If you are not actually divorced for the 120 days, then my interpretation is that you are not free to marry and cannot file for the K1.

@gag54611

It's not about the 120 days until the divorce is final. It's about the 6 months waiting period after the divorce is final.

The funny thing is that the law of WI apparantly states that after the divorce gets filed, there is a waiting period of 120 days before it can come to the final hearing in court. So far so good. If the judge divorces the marriage it gets final at that point and you get your divorce decree. And then after that you can't get married under WI law, even though you have a decree and the divorce is considered final.

The divorce is final, you have your decree. Theoretically, you are eligible to apply for a K1, but shouldnt get married before the 6 months waiting period expires.

Unless they don't count you as free to marry because you have the waiting period (even though the divorce is final as per decision of the judge and stated in the decree.)

So it's not that you have to wait 6 months before your divorce is final... you have to wait 6 months after that even though its final.

And now the question is... does USCIS care about that or do they just assume you are not going to get married before those 6 months expire anyway? Since the K1 process takes some time and you have some wiggle room anyway (6 months valid K1 visa plus 3 months time to marry & file for AOS)

[diadromous mermaid 36]

I would not be concerned at all about the six month waiting period to remarry, where the filing of the K1 is concerned. But if you are really concerned about this, suggest you ask an immigration attorney.

If you are not actually divorced for the 120 days, then my interpretation is that you are not free to marry and cannot file for the K1.

The two above statements seem to be contradictory. Which position are you taking?

[eclowjpd 0]

There is another reason that the 6 month issue is moot. It is almost certain that it will take 6 months to get the visa, from time of filing, unless there is a huge change in IMBRA. So you will not marry for 6months anyway. Once you are divorced you are free to marry. So what if there is a waiting period to do so? Again, I'd check with a lawyer if uncertain.

Hi everybody!

I hope somebody can answer this question or at least point me to somebody who could. Me and my girlfriend plan to get married. She lives in Wisconsin, I live in germany. Her divorce is still in process though, but should be final within the next couple of weeks. Of course, we want to start filing the paperwork for the K1 as soon as possible afterwards.

Now for the question:

In the requirements for the K1 it states that both have to be free to marry. I am unmarried and she will get her divorce decree soon (we hope). Anyway, in WI there seems to be a law which basically says that even though a divorce might be final you cannot get married in Wisconsin for another 6 months after that.

But since the immigration law is federal law and we could technically get married in Vegas for example, could we start the paperwork right away or would we have to wait those 6 months?

Has anybody ever had a similar situation, heard of one or knows what the USCIS counts as "free to marry"?

Thank you in advance for your answers.

undeadmike

They are two different issues. No contradiction.

I would not be concerned at all about the six month waiting period to remarry, where the filing of the K1 is concerned. But if you are really concerned about this, suggest you ask an immigration attorney.

If you are not actually divorced for the 120 days, then my interpretation is that you are not free to marry and cannot file for the K1.

The two above statements seem to be contradictory. Which position are you taking?