Marrying a non resident

[Boiler 43,692]

If he came on a K1 as a Finacee he would have been legal for 90 days.

If he came on a K3 as a spouse he would have been legal for 2 years

If he has been here 10 years then he has ben out of status for at least 8 years.

In the circumstances he cannot adjust through a soon to be ex wife, unless they lied.

she keeps saying he came on an I-130...did they have the same purpose 10 years ago? meaning he would've gotten a green card?

Almost 12 years ago when he came into the US, you did need anything to cross the border. They got married and than filed the I-130 and it was approved. They filed the I485 in Dec of 08 and the work permit and travel document were approved and received and than she filed for divorce. The lawyer keeps telling us that the interviewer may still give him a GC because of the fact that they were married for 11 years. I am just trying to see if anyone else out there has ever encountered such a dilema.

1. Why are you posting, it is his problem.

2. Get a new lawyer.

3. He has been here illegally for 10+ y ears, why the big deal now?

[harley2936 0]

If he came on a K1 as a Finacee he would have been legal for 90 days.

If he came on a K3 as a spouse he would have been legal for 2 years

If he has been here 10 years then he has ben out of status for at least 8 years.

In the circumstances he cannot adjust through a soon to be ex wife, unless they lied.

she keeps saying he came on an I-130...did they have the same purpose 10 years ago? meaning he would've gotten a green card?

Almost 12 years ago when he came into the US, you did need anything to cross the border. They got married and than filed the I-130 and it was approved. They filed the I485 in Dec of 08 and the work permit and travel document were approved and received and than she filed for divorce. The lawyer keeps telling us that the interviewer may still give him a GC because of the fact that they were married for 11 years. I am just trying to see if anyone else out there has ever encountered such a dilema.

1. Why are you posting, it is his problem.

2. Get a new lawyer.

3. He has been here illegally for 10+ y ears, why the big deal now?

Like I said, I am looking for someone that may have some helpful advice.....not someone coming on here to criticize. I am posting for him because he is a truck driver and doesn't have access to the internet on the road and because we are a family and myself or my children do not want to lose him, and if you don't think it is a big deal that we are fighting as a unit to stay together, don't waste my time please. If you have information that would be helpful I would greatly appreciate it, but if you are on this forum to give people a hard time.....I feel sorry for you, and anyone else that gets your comments. Good day

[Boiler 43,692]

You can lead a horse to water....

[harley2936 0]

get a life

[john_and_marlene 162]

You cannot avoid the 6 month waiting period in Wisconsin by simply going to a different state to get married. The Wisconsin divorce will not be in full effect until the waiting period expires. The waiting period is meant to allow the divorcing couple to reconsider and withdrawl the divorce any time before that time expires. He will not be free to marry until after the 6 months. If he marries before that time, the marriage is not valid. A petition filed before that time could rightly be denied.

[Bobby+Umit 161]

You cannot avoid the 6 month waiting period in Wisconsin by simply going to a different state to get married. The Wisconsin divorce will not be in full effect until the waiting period expires. The waiting period is meant to allow the divorcing couple to reconsider and withdrawl the divorce any time before that time expires. He will not be free to marry until after the 6 months. If he marries before that time, the marriage is not valid. A petition filed before that time could rightly be denied.

i was wondering about that - thanks for the info John!

[harley2936 0]

We are not going to be staying in Wisconsin, we are going to be moving to Washington....and Washington does not have a waiting period. I have talked to my divorce lawyer and a divorce lawyer in Washington....and it is the state that you reside in that matters as far as if you can marry. Most states do not have a waiting period, and unfortunately for us WI does. I got a divorce over 5 years ago in WI and I got my decree right there in court that day signed by the judge.

[NYPeach 13]

it is the state that you reside in that matters as far as if you can marry.

Yes but if John is correct, what he is saying is that your fiance won't actually be divorced until the 6 months is up. And every state will have the same requirement for marriage - that both parties are free to marry i.e. not still be legally married to someone else.

On any account, I wish you well with this. I agree with others - get a second opinion from another immigration attorney.

Edited May 2, 2009 by Peachbythebeach

[diadromous mermaid 36]

I am not at all sure that the 6 months requirement is after a judgment has been made. This is something that the OP could enquire about with the Court. It's my belief that the Wisconsin family law stipulates that a hearing will not be scheduled by the clerk until the expiration of 120 days after service of the summons and petition upon the respondent or the expiration of 120 days after the filing of the joint petition.

Ah, sorry, I spoke too soon. Here it is, there is a 6 month requirement before re-marriage

http://www.totaldivorce.com/lawyers/wiscon...in-divorce.aspx

Edited May 2, 2009 by diadromous mermaid

[rooster 1]

I know that in most states that have a required wait period, your divorce is NOT actually final until the wait period. I know you may not want to hear that but, it is the truth.

You asked about what he needed for proof of legitimate marriage from his 1st marriage. Some of the proof he might provide would be, joint loan papers, utility bills in both names, car titles, joint insurance, lease agreements, just about anything that would have both his and his 1st wife's names both on it. I hope this helps.

[harley2936 0]

Thank you for the info....I appreciate it. But like I said we are getting married in Washington and they do not have a waiting period, and it is the state in which you reside that the marriage is valid. We are moving and will be residing in Washington.....which the divorce lawyers say that is the law we would go by. hmmmmm confused again.

[JERIII 8]

Thank you for the info....I appreciate it. But like I said we are getting married in Washington and they do not have a waiting period, and it is the state in which you reside that the marriage is valid. We are moving and will be residing in Washington.....which the divorce lawyers say that is the law we would go by. hmmmmm confused again.

I think they are correct. There are TWO waiting periods in Wisconsin. As I understand it, Wisconsin requires a six-month wait after any divorce, not just ones granted in Wisconsin. The divorce itself has a 120-day waiting period, but after that the divorce is final and you can marry in a state which allows it.

[harley2936 0]

That is what I have been told. It has been over the 120 days after filing and the final is June 3rd. And both Wisconsin and Washington lawyers told me that it is the state that you reside in that the waiting or no waiting period effects. Thank you for your info

[harley2936 0]

Okay, so this is what our plan is with all the information that we have gathered from the lawyers and from this site. His divorce is final on June 3rd, the AOS interview is on June 10th. We are currently living in Wisconsin but are moving to Washington in July. We plan on marrying in the week between the AOS interview and the final divorce date. With everything agreed upon in the divorce...June 10th the divorce decree will be signed and given to us. This is what the court house has told us. And with all the info that we have gathered...it is better to be married when he goes into the interview than to marry when he (mostly likely happen after interview) he will be in deportation status. He was thinking of applying for his AOS on his own, but the only abuse during his marriage was mental....when she was telling him that if he didn't give her his checks, (this was after he left) that she would report him and have him deported. And there is no tracable evidence of that except for all the bank statements and check stubs. ugh. So at this point we will be going with what seems to be the only option and that is to get married before the deportation status is in effect. I appreciate everyones input.

[diadromous mermaid 36]

If you're speaking of marrying in Washington State, their marriage laws require a 3-day wait for a license. So, if you get the divorce decree on June 3rd, the earliest you could apply for a license and marry would be June 6th, which s a Saturday. Chances are the courthous will not be open until June 8th. So, is it your plan to fly to Washington State between June 3rd and 6th, apply for the license, marry and then make it back to the June 10th appointment in Wisconsin? How does moving to Washington in July factor into this?

Also, I wouldn't count on a decree on the date the judge terminate his marriage. It's been my experience that one of the lawyers draws up the judgment which the judge then signs and it can take weeks to receive in the mail.

Okay, so this is what our plan is with all the information that we have gathered from the lawyers and from this site. His divorce is final on June 3rd, the AOS interview is on June 10th. We are currently living in Wisconsin but are moving to Washington in July. We plan on marrying in the week between the AOS interview and the final divorce date. With everything agreed upon in the divorce...June 10th the divorce decree will be signed and given to us. This is what the court house has told us. And with all the info that we have gathered...it is better to be married when he goes into the interview than to marry when he (mostly likely happen after interview) he will be in deportation status. He was thinking of applying for his AOS on his own, but the only abuse during his marriage was mental....when she was telling him that if he didn't give her his checks, (this was after he left) that she would report him and have him deported. And there is no tracable evidence of that except for all the bank statements and check stubs. ugh. So at this point we will be going with what seems to be the only option and that is to get married before the deportation status is in effect. I appreciate everyones input.

Edited May 3, 2009 by diadromous mermaid