remarriage under wisconsin laws

[frody 14]

Hi,

I was trying to read about this in other topics but I never found a final desition result.

My husband divorced in wisconsin and we remarried one month after in indiana.

Our reasons: we are in love and I have a heath issue that will drive me to surgical procedures and I was wanting him to " desconect" the machines if were nessesary.

My doctors dont allow me to flight back and we get scared, I make my will in his name and now we have had the USCIS appointment and they say they has to investigate the law because we married without waiting the 6 month waiting time to remarried in wisconsin after divorce.

I didnt knew such a law even excist.

questions: anybody has pass by the same situation? what are the Uscis decitions in this case?

[Pitaya 2,576]

~Moved from Introducing our Members to General Immigration-Related Discussion~

~Similar topics are often discussed at this forum~

[rylforever 18]

but you remarried in indiana right? so why would they investigate remarriage laws of wisconsin if you married in indiana?

[frody 14]

because we are still living in wisconsin (I guess? ) By the way I read in indiana is 2 years of no permit to remarried....

[jerod_gavel 16]

I think the answer would be surrounded by if he is a resident of Wisconsin or Indiana. Speak to divorce attorney in both states before you move forward with immigration answers.

[frody 14]

I think the answer would be surrounded by if he is a resident of Wisconsin or Indiana. Speak to divorce attorney in both states before you move forward with immigration answers.

he is a resident in Wisconsin and I was a resident in UK

[Carla V 43]

We need to understand your case before any answer can be given.... From which status are you adjusting? he divorced from other girl and a month after he marries you? if you are living in wisconsin, why was the reason to marry in indiana??? how long before adjustment of status you two are been together???

[Harpa Timsah 13,258]

There was a similar case on here and the couple were denied immigration benefits for not waiting the 6 months period in WI. As WI resident he has to follow WI rules. The marriage was considered not valid for immigration purposes. I am not sure if it was valid at all. Sorry.

[frody 14]

We need to understand your case before any answer can be given.... From which status are you adjusting? he divorced from other girl and a month after he marries you? if you are living in wisconsin, why was the reason to marry in indiana??? how long before adjustment of status you two are been together???

I came in a visitor visa waiver with italian passport and married him on a K3 we are a year since we met and toguether since january.

we marry in indiana because the clerk by phone if you came tomorrow I marry you get the license and marry same day no delays. And we were waiting for my surgery to be performed ...no time to lost

[rylforever 18]

it still doesnt make sense, as long as you followed the rules in the jurisdiction of where you married you should be fine, did you disclose your divorce when you went to married in Indiana? people marry all over the united states, i could see an issue if you remarried too soon in wisconsin but you went to another state where it was allowed to remarry immediatley. Wisconsin law doesnt say you cannot leave the state to remarry just that you cannot remarry in the state of wisconsin for 6 months.

[frody 14]

We were under pressure of my disease there is less than 800 cases related in medicine books. My samples were sending to a national service of infectious diseases and consulted in 3 different countries asking specialist

Edited August 12, 2014 by frody

[frody 14]

I dont know if indiana alow to re married inmediatelly. and yes in the marriage license we disclosed our true dates of divorce ...we didnt know that can become a problem at all .

[Merrytooth 5,748]

Stated very clearly in WI statutes:

765.03(2)

(2) It is unlawful for any person, who is or has been a party to an action for divorce in any court in this state, or elsewhere, to marry again until 6 months after judgment of divorce is granted, and the marriage of any such person solemnized before the expiration of 6 months from the date of the granting of judgment of divorce shall be void

https://docs.legis.wisconsin.gov/statutes/statutes/765/03/2

[frody 14]

it still doesnt make sense, as long as you followed the rules in the jurisdiction of where you married you should be fine, did you disclose your divorce when you went to married in Indiana? people marry all over the united states, i could see an issue if you remarried too soon in wisconsin but you went to another state where it was allowed to remarry immediatley. Wisconsin law doesnt say you cannot leave the state to remarry just that you cannot remarry in the state of wisconsin for 6 months.

I think wisconsin say you are not allow to marry in any part of the world ....I guess this is what I understood reading the law?

[frody 14]

Stated very clearly in WI statutes:

765.03(2)

(2) It is unlawful for any person, who is or has been a party to an action for divorce in any court in this state, or elsewhere, to marry again until 6 months after judgment of divorce is granted, and the marriage of any such person solemnized before the expiration of 6 months from the date of the granting of judgment of divorce shall be void

https://docs.legis.wisconsin.gov/statutes/statutes/765/03/2

yes but then ...it sais: it could ve voidable not void and once the impediment is gone (6 month) it became valid.

If we are still living together and happily that means is not automatically validated?