Denial for applying before states "waiting period" is up?

[llaz 232]

I spoke with lawyer today and I don't know if this person was totally confused or what but I thought it was kind of ridiculous what she was telling me and then I posted online on a K1 thing on a social media site and they said something even more ridiculous!

My fiance is getting a divorce from his ex which will be finalized October 19th. We are planning on sending the K1 after that. In my state one cannot get married unless 6 months have passed, I am fully aware of this. However, this "laywer" on the social media site that a ton of people are on and trust this persons statements says that we do not meet the "legally able to marry" unless you have passed the waiting period time in YOUR STATE! Seriously? Is this true? We have to wait 6 months to pass before even applying for the K1? We weren't even originally planning on marrying here in my state, however even if we were the time that it will take for the k1 to process plus the 90 days will absolutely be 6 months past.

Is this true?!?

Edited September 24, 2016 by llaz

[Anitafeliz 1,133]

Heard this before.

[llaz 232]

Heard this before.

That they were denied? My fiancée is the one getting divorced in Chile and I am the US petitioner so it's not like I am married in the US trying to get away from the rules after I was just divorced in my state.

[Anitafeliz 1,133]

I heard you cant do a petition til the 6 months divorse final time but people talk and sometimes they are wrong...but i have heard you need to wait for divorse to be final.

Edited September 24, 2016 by Anitafeliz

[llaz 232]

I heard you cant do a petition til the 6 months but people talk and sometimes they are wrong...but i have heard you need to wait for divorse to be final.

Right that last part I do know his divorce is for sure final and we will have a final statement and judgement for him in Chile on October 19th, within a week we will have the sentence statement signed and stamped by the court government

[Anitafeliz 1,133]

Then as long as he is free to marry and you have proof of a bonefide marriage and having met....

2years with in

[NikLR 13,220]

Its possible, but since you can marry in another state. However he will need his final divorce decree, so perhaps they don't give him that paperwork until after the 6 months have passed.

[Ontarkie 13,902]

That they were denied? My fiancée is the one getting divorced in Chile and I am the US petitioner so it's not like I am married in the US trying to get away from the rules after I was just divorced in my state.

Does Chile have a waiting period? If no then you don't have to wait because your State does.

I had a 30day waiting period in Canada, we had to wait for me, not what was in Arkansas. (I don't know if or what it is in AR) It has to be by the State/Province/Country where the divorce takes place.

Edited September 24, 2016 by Ontarkie

[llaz 232]

Its possible, but since you can marry in another state. However he will need his final divorce decree, so perhaps they don't give him that paperwork until after the 6 months have passed.

We will have his final divorce decree within 1 week of the sentence.

Does Chile have a waiting period? If no then you don't have to wait because your State does.

I had a 30day waiting period in Canada, we had to wait for me, not what was in Arkansas. (I don't know if or what it is in AR) It has to be by the State/Province/Country where the divorce takes place.

No waiting period in Chile for men (for females its a different story).

So do we think its safe to say this person gave some really bad advise or didnt understand what I was saying?

[Ontarkie 13,902]

We will have his final divorce decree within 1 week of the sentence.

No waiting period in Chile for men (for females its a different story).

So do we think its safe to say this person gave some really bad advise or didnt understand what I was saying?

I'm going to say they didn't understand what you were saying.

Correction I'm hoping they didn't understand what you were saying.

Edited September 24, 2016 by Ontarkie

[Ontarkie 13,902]

I just looked up Arkansas and there is a 3 month waiting period. So if that lawyer was right we should not have been able start the petition as Ontario was only 30days and we started a few days after that.

Edited September 24, 2016 by Ontarkie

[llaz 232]

I just looked up Arkansas and there is a 3 month waiting period. So if that lawyer was right we should not have been able start the petition as Ontario was only 30days and we started a few days after that.

Thank you for sharing your experience!!

[Ontarkie 13,902]

Your welcome

[Rc123rc 528]

In Japan, the rule was a woman could not marry after a divorce for 6 months. So we had to wait until my divorce was finalized, I could marry any time after a final divorce decree was issued, but we also had to wait 6 months had gone by for her. Short answer. You both have to have final divorce decrees in hand that show the dates of final divorce decrees before your application date and you have to following any legal waiting periods required for your home state/country. My guess is you are not going to get a divorce decree in hand for 6 months.

[JR loves JR 196]

So let me get this straight, you live in state A that has a six month waiting period after a divorce. But you want to get married in state B. Does state B have a waiting period? I feel (I do not legally know) like if you included the fact that you're planning on getting married in state B in your letter of intent you'd be fine... as long as state B doesn't require residency of their state to get married in their state. I mean, any resident of state A could fly to Las Vegas and get married there and state A would be forced to recognize it even if 6 months hadn't passed. Someone please correct me if I'm wrong. Personally I'd probably file in October. I'd rather risk my filing fee and get my fiancé here 6 months faster than wait because it might be denied. The question really is how much money is getting your fiancé here 6 months earlier worth you risking? If it's worth more than it cost to file the petition, then I say go.