Waiting period after divorce.

[flipper 0]

I know that me and my fiancee have to be free and able to get married, she's from Oklahoma, that state has a 6 month waiting period befor she can legally get remarried. I have a few questions about this.

1-Does the USCIS enforce this? If they do, can we get married in another state that has less of a waiting time, and if we do so, will it be reconized as a legal marriage in OK?

2-Is it safe to start our visa process during the 6 months, or is it better to just wait it out?

We both expect and are prepared to wait out the 6 months, it sucks but it also has it's pros....6 months gives us more then enough time to get another visit in, and collect even more evidence. But it would be nice to be able to just start this already long enough process.

Thanks in advance.

Flip

[JeroenAndMichelle 28]

I doubt the USCIS will enforce it but you better be expecting some questions about it during the various interviews that you will get during the immigration process. They might think it has been quite quick after the previous marriage.

If I were you, I would just sit it out.. Canada isn't too far away from the US and it will be easier for you guys to be together in between for short holidays or something similar than for most others here.. And, like you said, it will give you more time for the evidence and all that stuff also.

[payxibka 10,045]

I know that me and my fiancee have to be free and able to get married, she's from Oklahoma, that state has a 6 month waiting period befor she can legally get remarried. I have a few questions about this.

1-Does the USCIS enforce this? If they do, can we get married in another state that has less of a waiting time, and if we do so, will it be reconized as a legal marriage in OK?

2-Is it safe to start our visa process during the 6 months, or is it better to just wait it out?

We both expect and are prepared to wait out the 6 months, it sucks but it also has it's pros....6 months gives us more then enough time to get another visit in, and collect even more evidence. But it would be nice to be able to just start this already long enough process.

Thanks in advance.

Flip

Others have had the same issue... If I remember correctly, the general consensus is to wait it out... Free to Marry is the issue... In OK you are NOT. I know WI has the same rules and if you go outside the state to marry and are a resident of WI, WI will not recognize the marriage... not sure how OK handles this

[Chaz and Riggs 0]

When I first applied for a divorce, there was a waiting period from requesting the divorce (signed by both parties) and then after the waiting period, I had to go into court, get a judge to finalize it. Once it was finalized and ruled in court, then you get a different form stating that the divorce is final with any name changes. This is the one you need for immigration. Once the divorce was final, that's it... you're free to marry anyone you please. (You can't even technically get engaged until you get that final decree of divorce)

[Chaz and Riggs 0]

This is some new info I found for you, for the state of Oklahoma;

REMARRIAGE AFTER DIVORCE;

It shall be unlawful for either party to an action for divorce whose former husband or wife is living to marry

in this state

a person other than the divorced spouse within six (6) months from date of decree of divorce granted in this state.

To me, that says you can't get married in THIS STATE (being Oklahoma)... not ANY State.

[Bobby+Umit 161]

I know that me and my fiancee have to be free and able to get married, she's from Oklahoma, that state has a 6 month waiting period befor she can legally get remarried. I have a few questions about this.

1-Does the USCIS enforce this? If they do, can we get married in another state that has less of a waiting time, and if we do so, will it be reconized as a legal marriage in OK?

2-Is it safe to start our visa process during the 6 months, or is it better to just wait it out?

We both expect and are prepared to wait out the 6 months, it sucks but it also has it's pros....6 months gives us more then enough time to get another visit in, and collect even more evidence. But it would be nice to be able to just start this already long enough process.

Thanks in advance.

Flip

Simple answer, which state was the divorce finalized in? If it was in OK, then you probably will have to wait the 6 months before you can get married, or apply for the Visa (because you will have to show the divorce decree, and if it's from OK, it may say you have to wait 6 months before you can marry again?)

It really depends on the laws of your state, as Payxibka pointed out.

Trying to circumnavigate the law can have precarious results.

I would suggest you wait, as others have pointed out, no need to endanger yourselves needlessly, unless you can verify your state laws for your situation.

[Gary and Alla 3,694]

I know that me and my fiancee have to be free and able to get married, she's from Oklahoma, that state has a 6 month waiting period befor she can legally get remarried. I have a few questions about this.

1-Does the USCIS enforce this? If they do, can we get married in another state that has less of a waiting time, and if we do so, will it be reconized as a legal marriage in OK?

2-Is it safe to start our visa process during the 6 months, or is it better to just wait it out?

We both expect and are prepared to wait out the 6 months, it sucks but it also has it's pros....6 months gives us more then enough time to get another visit in, and collect even more evidence. But it would be nice to be able to just start this already long enough process.

Thanks in advance.

Flip

1. No. USCIS does not care about state laws. She can get married in another state.

2. Safe. You can send the I-129f immediately when she receives a final divorce and it is filed with the state and stamped.

You will be waiting more than 6 months if she files today, so you have plenty of time to visit.

[Gary and Alla 3,694]

I know that me and my fiancee have to be free and able to get married, she's from Oklahoma, that state has a 6 month waiting period befor she can legally get remarried. I have a few questions about this.

1-Does the USCIS enforce this? If they do, can we get married in another state that has less of a waiting time, and if we do so, will it be reconized as a legal marriage in OK?

2-Is it safe to start our visa process during the 6 months, or is it better to just wait it out?

We both expect and are prepared to wait out the 6 months, it sucks but it also has it's pros....6 months gives us more then enough time to get another visit in, and collect even more evidence. But it would be nice to be able to just start this already long enough process.

Thanks in advance.

Flip

1. No. USCIS does not care about state laws. She can get married in another state.

2. Safe. You can send the I-129f immediately when she receives a final divorce and it is filed with the state and stamped.

You will be waiting more than 6 months if she files today, so you have plenty of time to visit.

USCIS will look at it like this..."Is she free to marry?" Answer "Yes, but not in Oklahoma" USCIS "Who cares, go to Vegas!"

[Gary and Alla 3,694]

I know that me and my fiancee have to be free and able to get married, she's from Oklahoma, that state has a 6 month waiting period befor she can legally get remarried. I have a few questions about this.

1-Does the USCIS enforce this? If they do, can we get married in another state that has less of a waiting time, and if we do so, will it be reconized as a legal marriage in OK?

2-Is it safe to start our visa process during the 6 months, or is it better to just wait it out?

We both expect and are prepared to wait out the 6 months, it sucks but it also has it's pros....6 months gives us more then enough time to get another visit in, and collect even more evidence. But it would be nice to be able to just start this already long enough process.

Thanks in advance.

Flip

Others have had the same issue... If I remember correctly, the general consensus is to wait it out... Free to Marry is the issue... In OK you are NOT. I know WI has the same rules and if you go outside the state to marry and are a resident of WI, WI will not recognize the marriage... not sure how OK handles this

Pay, I won't get into WI's violation of the "full faith and credit" credit clause of the US constitution, it doesn't matter. USCIS needs to recognize the marriage and they don't give a flip if WI or OK recognizes it. The state cannot extend its reach outside its boundaries and stop a resident from getting married elsewhere under the laws of that state, and such marriage would most certainly be recognized by the USCIS. And how does a state "not recognize" a marriage? "We don't recognize your marriage" OK, and what?

[payxibka 10,045]

I know that me and my fiancee have to be free and able to get married, she's from Oklahoma, that state has a 6 month waiting period befor she can legally get remarried. I have a few questions about this.

1-Does the USCIS enforce this? If they do, can we get married in another state that has less of a waiting time, and if we do so, will it be reconized as a legal marriage in OK?

2-Is it safe to start our visa process during the 6 months, or is it better to just wait it out?

We both expect and are prepared to wait out the 6 months, it sucks but it also has it's pros....6 months gives us more then enough time to get another visit in, and collect even more evidence. But it would be nice to be able to just start this already long enough process.

Thanks in advance.

Flip

Others have had the same issue... If I remember correctly, the general consensus is to wait it out... Free to Marry is the issue... In OK you are NOT. I know WI has the same rules and if you go outside the state to marry and are a resident of WI, WI will not recognize the marriage... not sure how OK handles this

Pay, I won't get into WI's violation of the "full faith and credit" credit clause of the US constitution, it doesn't matter. USCIS needs to recognize the marriage and they don't give a flip if WI or OK recognizes it. The state cannot extend its reach outside its boundaries and stop a resident from getting married elsewhere under the laws of that state, and such marriage would most certainly be recognized by the USCIS. And how does a state "not recognize" a marriage? "We don't recognize your marriage" OK, and what?

I don't write the statutes.... I personally think it is a stupid statute

From the 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

[Gary and Alla 3,694]

I know that me and my fiancee have to be free and able to get married, she's from Oklahoma, that state has a 6 month waiting period befor she can legally get remarried. I have a few questions about this.

1-Does the USCIS enforce this? If they do, can we get married in another state that has less of a waiting time, and if we do so, will it be reconized as a legal marriage in OK?

2-Is it safe to start our visa process during the 6 months, or is it better to just wait it out?

We both expect and are prepared to wait out the 6 months, it sucks but it also has it's pros....6 months gives us more then enough time to get another visit in, and collect even more evidence. But it would be nice to be able to just start this already long enough process.

Thanks in advance.

Flip

Others have had the same issue... If I remember correctly, the general consensus is to wait it out... Free to Marry is the issue... In OK you are NOT. I know WI has the same rules and if you go outside the state to marry and are a resident of WI, WI will not recognize the marriage... not sure how OK handles this

Pay, I won't get into WI's violation of the "full faith and credit" credit clause of the US constitution, it doesn't matter. USCIS needs to recognize the marriage and they don't give a flip if WI or OK recognizes it. The state cannot extend its reach outside its boundaries and stop a resident from getting married elsewhere under the laws of that state, and such marriage would most certainly be recognized by the USCIS. And how does a state "not recognize" a marriage? "We don't recognize your marriage" OK, and what?

I don't write the statutes.... I personally think it is a stupid statute

From the 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

well, I know you aren't the one to argue it with. But as I read it, it means that if a person is divorced ANYWHERE, they cannot get married in Wisconsin for 6 months after that divorce. OK, so far no problem. Wisconsin can make laws regarding marriage in its boundaries and it can say no marriage in Wisconsin is legal within 6 months of a divorce anywhere. Fine. But to take this literally, it means if someone is divorced in IL then remarries in IL within 6 months (perfectly legal in IL) and then moves to Wisconsin, the marriage isn't legal? I mean this says "anywhere" and it doesn't even limit itself to WI residents! It is a poorly worded law and I don't think it has ever been challenged, probably hanging around wasting space. At any rate, USCIS isn't going to give a hoot if a WI resident gets married in Vegas, it is still a legal marriage by USCIS standards.

I mean OUR marriage in Vermont is not legal by Maine standards because we had no "witnesses". Not required here but are required in Maine. Does USCIS care? If we move to Maine will they "recognize" the marriage or will we be "divorced"? Or never married? I mean, do you believe a state can void a marriage legal in another state because you drive across a state line? I know, not arguing with you, just thinking out loud.

As for the OPs question, she is legally able to be married as soon as the divorce is final SOMEWHERE within the boundaries of the United States and I cannot see the USCIS concerning itself otherwise. if they did, I think there would be an *asterisk and say *not for Residents of WI, OK or AL (sorry, had to pick on AL, what do you think of state that outlaws vibrators!!!!!!!!!????????) There are enough wacky state laws to talk all night but we will get kicked into off-topic.

My advice remains the same...file that petition before the ink is dry!

[payxibka 10,045]

Marriage laws are not federal... The USCIS is not the marriage "recognizing" body.... that is left up to the states... if the state recognizes it then the USCIS will... If the state does NOT then how can the USCIS?

[Gary and Alla 3,694]

Marriage laws are not federal... The USCIS is not the marriage "recognizing" body.... that is left up to the states... if the state recognizes it then the USCIS will... If the state does NOT then how can the USCIS?

Simple. IF a WI resident gets married in Illinois, in compliance with the laws of Illinois, the state of Illinois recognizes the marriage. Does it matter if WI does? It is a legal marriage in the state where the marriage occurred. How can the USCIS not recognize it? You are correct, USCIS is not the marriage authority, nor can they be expected to enfore WI law for marriages outside of WI. I mean the WI law is so preposterous they cannot possibly expect people outside the state to enforce it. As I mentioned earlier, had OUR marriage been perfomred in Maine, we would not be legally married, no witnesses. But since we were standing in Vermont when we said the vows, now witnesses are required and if Maine doesn't like it they can pound sand up their....well, you know. If we move to Maine (or even if we were Miane residents) our marriage would still be legal. You think the USCIS would have denied our AOS?

Now, the original poster CANNOT get married in OK for 6 months. If she does it is not a legal marriage and the USCIS cannot recognize it. BUT the state of OK cannot prevent the OP from going to another state and getting married under the laws of that state, and THAT marriage is LEGAL and the USCIS must recognize it. (and under the federal constitution, so must WI and OK, though they do not have to like it) The OP is "eligible to marry" in the UNITED STATES (but not in one or two of those states). She meets the qualifications for the petition.

And as far as the USCIS "recognizing" a marriage, that would come AFTER the marriage. Not for the petition. So if by some miracle, the OP gets her divorce, files for the petition the next day, gets the visa and gets her finace here all in less than 6 months and THEN gets married, in Oklahoma, the USCIS could send her an RFE for her AOS papers. "Please get married again after 6 months from your divorce" But otherwise it would constitute PRIOR RESTRAINT to deny her the opportunity for a petition because she MIGHT get married again in OK (or WI) within 6 months.

Pay, the state of Wisconsin, forbids anyone, divorced anywhere, to get married in Wisconsin for 6 months. So does USCIS have the right to deny a petition in case the petitioner is maybe going to get married in Wisconsin? I can see the letter now "Sorry Gary and Alla, Alla was divorced within 6 months in Ukraine, and in case you were thinking of getting married in Wisconsin we have to deny this petition until 6 months have passed since her divorce in Ukraine"

[payxibka 10,045]

The USCIS has the "right" to do many things... whether this is one or not I am not qualified to say... and may I be so bold as to say, neither are you...

[Bobby+Umit 161]

Marriage laws are not federal... The USCIS is not the marriage "recognizing" body.... that is left up to the states... if the state recognizes it then the USCIS will... If the state does NOT then how can the USCIS?

Pay, the state of Wisconsin, forbids anyone, divorced anywhere, to get married in Wisconsin for 6 months. So does USCIS have the right to deny a petition in case the petitioner is maybe going to get married in Wisconsin? I can see the letter now "Sorry Gary and Alla, Alla was divorced within 6 months in Ukraine, and in case you were thinking of getting married in Wisconsin we have to deny this petition until 6 months have passed since her divorce in Ukraine"

I would say, "Yes they do", according to the laws where the petitioner is living, they have the perfect right to deny the petition.

And looking at some of the rejection notices on their site, they have exercised that option.

I agree with payxibka, since marriage laws are "state" not "federal", then the USCIS will default to what the state says in the matter of the petitioner.

Since the petitioner's state says they cannot get married legally till 6 months are up, then that would bind them.

Now if the petitioner is leaving that state permanently, then they may have a case, but depending on the law of the new state, they still maybe out of luck.

I know I would not risk it.