Marrying a non resident

[Gary and Alla 3,694]

I am a US citizen and am planning on marrying a Canadian as soon as his divorce is final on June 3. In Wisconsin, where we both live, the waiting period is 6 months. His immigration status is currently pending the last immigration hearing on June 10. Which he will be divorced from the petition at that time. So we are assuming that he will be denied and put into deportation status. Like I said we will be getting married as soon as possible. We are moving to Washington and they have no waiting period there to get married. When would be a good time for me to send in my petition for the finance visa, or can anyone help me with the best solution for us. I am not sure when I can file for him. He has been in the US for 10 years, and like I said we are planning on marrying, just need help to find out when I can file to keep him here. thank you

If he is put into deportation he may have a difficult time to get another visa. You cannot file a fiancee visa until he is divorced. You can get married in another state. Wisconsin has no say about that. If you get married you cannot file for a fiancee visa at all. Getting married will not keep him here against a deportation order. Marrying him and filing or filing a K-1 will not keep him here, basically.

The US constitution requires states to give "full faith and credit" to marriages performed under the laws of all states, whether that marriage would be allowed in another state or not (i.e. age restrictions, waiting periods, witnesses, closeness of relation, etc.)

But marriage and immigration are two completely different things. Being married does not make him "legal" it simply is not a factor in that decision at all. And could be viewed as an attempt at immigration fraud and the more you go out of your way to get married, the more it looks like fraud.

[Gary and Alla 3,694]

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.

Ahhh, there's the hook. If the Wisconsin divorce is indeed not finalized and signed off on, then you cannot get married anywhere. Belay my last. It is true a state cannot prevent you from getting married in another state AND must recognize the marriage in another state, but they CAN delay the finalization of a divorce with thier own state and that has the same effect. Hmmmm, someone in WI was being very clever when they worded this law. Not sure I agree with it though, but that doesn't matter

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.

Ahhh, there's the hook. If the Wisconsin divorce is indeed not finalized and signed off on, then you cannot get married anywhere. Belay my last. It is true a state cannot prevent you from getting married in another state AND must recognize the marriage in another state, but they CAN delay the finalization of a divorce with thier own state and that has the same effect. Hmmmm, someone in WI was being very clever when they worded this law. Not sure I agree with it though, but that doesn't matter

If this is correct the OP is SOL! And it doesn't matter waht an attorney says, if his divorce is not fianl, he cannot remarry.

[Gary and Alla 3,694]

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.

Doesn't matter. They can give the decree and withold filing for 6 months, if that is how the law is written the decree will not take affect for 6 months.

[JERIII 8]

Immigration is very complicated. Immigration lawyers are less conservative than we are, and sometimes make mistakes, so we are used to the idea that lawyers make errors.

But, do we really think that an attorney is not going to know the answer to a matter as simple as when someone can remarry?

From wisconsin law:

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

From the Wisconsin Bar Association:

How long does it take to get a divorce?

Unless the court makes an exception for an emergency, at least four months (120 days) must pass between the serving of the initial papers and the final hearing. Most divorces take longer than four months. Several factors affect the length of the process: the complexity of the case, the ability of the spouses to agree on the issues, and the amount of other business before the trial court.

A divorce isn't effective until the final hearing.

Once the divorce is final

, both parties must wait at least six months before marrying other people.Back to Top

There is nothing here about withholding filing the decree, in fact the six month period starts once the decree is final. And, as I noted above, the six month prohibition applies to all divorces, not just Wisconsin ones.

This has no bearing on the state of Washington, unless that state also prohibits remarriage after divorce, which no one has said it does.

[harley2936 0]

Believe me, I have been basically investagating this for over 6 months, since the divorce was filed. I understand that the Wisconsin law says we can not get remarried here in Wisconsin for 6 months. But I have spoke to my divorce lawyer here in Wisconsin and he says that law is if some one wants to get married here in Wisconsin. He said if we are moving to Washington, we can go to Michigan or Vegas and get married because as of July we will be residing in Washington, and Washington does not have a waiting period at all. I also contacted multiple lawyers in Washington and they all said the same. That there law is that there is not a waiting period to remarry if we reside in that state.

[diadromous mermaid 36]

Each state has jurisdiction over Family law. The citation noted below

(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

as I read it, simply says that Wisconsin law stipulates that someone residing in their jurisdiction (that is, Wisconsin) cannot marry within 6 months of receiving a decree of finality of a marriage, not matter where (which location in the state of Wisconsin, or any other state for that matter) the divorce was decided.

Immigration is very complicated. Immigration lawyers are less conservative than we are, and sometimes make mistakes, so we are used to the idea that lawyers make errors.

But, do we really think that an attorney is not going to know the answer to a matter as simple as when someone can remarry?

From wisconsin law:

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

From the Wisconsin Bar Association:

How long does it take to get a divorce?

Unless the court makes an exception for an emergency, at least four months (120 days) must pass between the serving of the initial papers and the final hearing. Most divorces take longer than four months. Several factors affect the length of the process: the complexity of the case, the ability of the spouses to agree on the issues, and the amount of other business before the trial court.

A divorce isn't effective until the final hearing.

Once the divorce is final

, both parties must wait at least six months before marrying other people.Back to Top

There is nothing here about withholding filing the decree, in fact the six month period starts once the decree is final. And, as I noted above, the six month prohibition applies to all divorces, not just Wisconsin ones.

This has no bearing on the state of Washington, unless that state also prohibits remarriage after divorce, which no one has said it does.

[harley2936 0]

Well I guess I am going to go with all the Lawyer is telling me and we will have to hope for the best. Maybe when he goes to his interview they will see he has been working, living, pay taxes, for the past 11 years, and they will see that the previous marriage was not of convenience, and maybe........just maybe grant his GC. I know, I know......it is my dream and I can hope all I want. HEEEEEEHEEEEEE

Has anyone ever been through the deportation process? How long would we have from the interview, if they decide he can't get his GC, to when the deport hearing and process begin?

[diadromous mermaid 36]

Taht's wishful thinking, but I am afraid you would be best served preparing for reality. The statutes of the INA state that the USCIS is prohibited from awarding a green card to an alien that is already divorced prior to a determination on a pending adjustment of status application. Even if you were lucky, and a green card was conferred, mistakenly, he would not be "home free" because as soon as USCIS realised their error he would lose the status and be in a much worse off state. So, plan to accept that his AOS will be denied.

Typically, the alien receives a notice of determination, in your case it will be a denial. He might have an opportunity to appeal (some case do not) but unless he feels there has been a mistake made on the part of USCIS, it wouldn't be advisable. Shortly after denial, and how soon afterwards depends highly on the volume of cases the office is processing, he will receive notice that he is current in removal procedings.

Well I guess I am going to go with all the Lawyer is telling me and we will have to hope for the best. Maybe when he goes to his interview they will see he has been working, living, pay taxes, for the past 11 years, and they will see that the previous marriage was not of convenience, and maybe........just maybe grant his GC. I know, I know......it is my dream and I can hope all I want. HEEEEEEHEEEEEE

Has anyone ever been through the deportation process? How long would we have from the interview, if they decide he can't get his GC, to when the deport hearing and process begin?

[Boiler 43,694]

Seconded

And mentioned a long long time ago.