The fees will go up at the end of July. Can I file before then even though my six months waiting period to remarry is not up until August? If we apply July or August 07, when will he be able to come to the USA? He has heard 3 years. He is in Morocco.

With the petition you will have to send a fiance letter of intent, where you state that you are eligible and free to marry. So I think the answer to your question would be no. The time how long it takes can greatly vary, it depends on alot of factors, where you live, how long he will be in security checks, and other things not predictable. We filed late June 06 and had the visa in Dec 06 so roughly 6 months, that's on a fiance visa.
Hope this helps a little.

Michaela

From what I understand, you have to be free to marry before you file you I-129f. I dont think it takes 3 years for him to come to the USA. If your lucky, probably 6 months at the very least. My husband is from Algeria, and it took just a little more than 6 months from the time we filed to visa in hand. I am sure some of the Morocco folks will chime in about the timelines.

Meriem

From what I understand from you post is that your state requires you to wait 6 months before you get married. But if you have a final divorce decree you are eligible to get married in many other places that do not have this requirement. So since the rules for marriage are a state law and you are free to marry in any state that will allow it, the federal government will not care about a local state rule for marriage.

For USCIS if you have a final divorce decree you are eligible to marry. File now.

Oh and about timelines in Morocco. We had a NOA1 date of Sept 5. The interview at the consulate in mid-January and the visa in hand one week after that. This was with the Christmas and Eid holidays that slowed the process down a bit. So slightly less than 5 months total.

Wow I am a slow processor tonight. I also wanted to add that a quick engagement following a divorce is a red flag. It is not a cause for a denial, but it may cause your petition to be looked over more carefully at the consulate level. You might state in Question 18 about how you met to account for the time your marriage "ended" and the divorce was finalized if there is some time difference there.

Three years is mch too long for any type of visa even in Morocco. There is a lot of rumors about the visa process that your fiance will hear from others. Most of it is simply not true.

Conflicting Info, Other question:

There is again conflicting info here. One said file now, others said I could not. What is the answer? Is there a Nebraska number I can call for questions. THANKS - you guys are a great help.

One more question: Doesn't he have to sign there, some papers and SEND by mail or ups or something (how?) to me to include with my application? Doesn't that take a long time from Morocco? I know my previous mail to him took a very long time.

One more thing, just to inform. My ex left me several months before I met my bf. It's just that the divorce took two years. But thanks, I will make a note of that when i apply.

Here on VJ, there are differing opinions over that very issue, hence the varied response. I'm not sure whether any anecdotal evidence to support one answer or the other, ie. petitions denied when filed before the six month waiting period had expired.

Let me try to explain it this way. If your state had a a legal age to marry at 21 and all other states were set at 18. A 20 yr old could not get married in your state but could cross the border to another stae, fly to vegas, or get married abroad and that marriage would be legal in your state. The law is very clear on this.

Or let's say your state requires a blood test for a marriage. You are not eligble to marry without one. Yet USCIS does not ask you to prove you are going to pass the blood test. You can get married in a state that does not require it.

Only if your divorce papers have some stipulation that states this divorce is not final for 6 months (which I doubt), you are eleible to be married.

He will need to sign some forms and there is one part where he write sis nme in Arabic. He will need to get these to you before you can file. I used express mail before and it can take up to 10 days to 2 weeks depending on where your fiance lives. He can download the forms from online and express mail them to you. It might be faster.

I see your local office is NE, so if you are living in Nebraska, I did a little googling and the laws of your state say this,

"For the purposes of remarriage, a divorce decree dissolves the marital relationship six months after its rendered, or if appealed, upon disposition of appeal, if later. During this six-month period, the parties to the dissolution remain legally married. Remarriage entered into anywhere by either party within such time is void in all jurisdictions. Effective 9/9/95, the death of one of the parties to the dissolution prior to either of the above events renders the divorce decree final on the date of death."

So it looks like you are actually still married. until the 6 month period is over.

Meriem

Thank you for looking up this information. From the language here it sounds as if the final divorce decree has not been issued. I would think the divorce decree would have such a stipulation in it (but maybe not). If I am reading this law correctly, I would think the OP can not file as "free to marry".

Some states have this waiting period for marriage but it is not tied to the finalization of the divorce. In appears that this is not the case in this state.

FYI, that Nebraska divorce law posted (1994) is outdated. I called a lawyer. The divorce here becomes final 1 month after decree but no remarriage anywhere in world until 6 months from decree. With this in mind, can I go ahead and send in the initial app now? The INS person was not even sure, but thought since it lays on a desk for awhile it would be okay. (6 months is up next month).

New Question: Where is the up-to-date list of things my guy needs to send to me to include? Does he need to fill out 4 bio papers (identical)? I have tons of chats to prove relationship. What is maximum you recommend sending. I also want to write a letter with important info to include (such as when ex left, and other relationship proof such as number of chats I have as evidence that is not submitted, number of phone calls, etc.). Is this accepted? (not a form letter).

THANKS