6 months wait after a divorce

[*JG* 2]

Thank you for clearing it up cause I would've had a different conclusion as far as what is legally free to marry.

But, yeah, no need to jump on people here. All answers are appreciated. They are trying. You weed them out as you go.

[TBoneTX 48,090]

that person that got yelled at (IMO) did give correct advice.

"Firing a gun up into the air and hitting a duck that happens to be flying overhead just about then" is a bit different from knowing and relating accurate knowledge as a fact, isn't it? It bears repeating: "People's lives, proper expectations, and future happiness are at stake. As such, 'I think' is not appropriate." With these considerations in mind, anyone here is welcome to report the "offending" response to the VJ moderation team to learn exactly what needs to be "weeded out." Edited November 23, 2009 by TBoneTX

[MRStee 19]

Thank you for clearing it up cause I would've had a different conclusion as far as what is legally free to marry.

But, yeah, no need to jump on people here. All answers are appreciated. They are trying. You weed them out as you go.

I agree JG

[Scott and Mhay 57]

But if the person says "I think" and gets it wrong, it is better about it than someone just stating something and being wrong.

there are a lot of things in the "gray" area too. I am sure that there is times you gave bad advice especially when you started out here. That being said not ever post here is 100% accurate. this is to help guide people. No one here is getting paid to give advice. In the end it is up to the person in the process to make the decision on what to do.

[TBoneTX 48,090]

But if the person says "I think" and gets it wrong, it is better about it than someone just stating something and being wrong.

How is the information from either person any less wrong? Wrong is wrong.

this is to help guide people.

Exactly the point.

[Usui Takumi 1,562]

Hi all, I'm still not sure I am seeing a definitive answer here.

My interpretation of this thread so far is that if you can legally marry in another state within the US you are legally free to marry in the eyes of USCIS. Is that "right" or is that "wrong" ?

(sorry just trying to cut through to an answer)

Edited November 23, 2009 by Sousuke

[Scott and Mhay 57]

There are more tactful ways to deal with that. But calling them out in the open forum like you did is wrong. At least if someone says "I think" I would continue to look and get a better concensus vs take wrong info and that someone states.

[rebeccajo 14]

Hi all, I'm still not sure I am seeing a definitive answer here.

My interpretation is that if you can legally marry in another state within the US you are legally free to marry in the eyes of USCIS. Is that "right" or is that "wrong" ?

(sorry just trying to cut through to an answer)

Not necessarily. It would depend on the law of the state wherein the decree was entered. The decree of divorce may not actually be entered (in some states) until the 'cooling off period' has lapsed.

[pushbrk 13,878]

Hi all, I'm still not sure I am seeing a definitive answer here.

My interpretation is that if you can legally marry in another state within the US you are legally free to marry in the eyes of USCIS. Is that "right" or is that "wrong" ?

(sorry just trying to cut through to an answer)

IMO, yes but the problem is there isn't enough information to determine whether it would be legal to marry in another State. It would appear from the attorney comment posted that the divorce finality actually depends on waiting out the six months. If that's the case, the divorce isn't final yet. People in this situation should consult their own divorce attorney to determine whether they are free to marry.

[Usui Takumi 1,562]

So the official answer then is that USCIS looks at and follows the state law where the divorce was granted?

Hi all, I'm still not sure I am seeing a definitive answer here.

My interpretation is that if you can legally marry in another state within the US you are legally free to marry in the eyes of USCIS. Is that "right" or is that "wrong" ?

(sorry just trying to cut through to an answer)

IMO, yes but the problem is there isn't enough information to determine whether it would be legal to marry in another State. It would appear from the attorney comment posted that the divorce finality actually depends on waiting out the six months. If that's the case, the divorce isn't final yet. People in this situation should consult their own divorce attorney to determine whether they are free to marry.

Okay this makes sense. My friend was divorced in CA and didn't get the "final" paperwork until the end of the 6 months.

[rebeccajo 14]

As to posting -

I try not to post if I just "think" I know the answer. I make every attempt to only offer advice if I feel I have a good answer.

On the occasion where I am an uncertain but want to either move the discussion towards a certain point, or want to ask a question in such a way that I 'bring on' someone who does know the answer, then I say more than 'I think'. I'll add a sentence at the end of my post asking for confirmation or further discussion.

It really is vital that people not guess around here. I certainly don't want to imply that people should not participate. Instead of saying "I think" this is the answer, why not say "I've been wondering about that also"?

[rebeccajo 14]

So the official answer then is that USCIS looks at and follows the state law where the divorce was granted?

When the USC files a petition for a spouse or fiance/fiancee, the decree of divorce goes with the paperwork. I don't know why we would even be assuming that the law of another random state might apply.

Edited November 23, 2009 by rebeccajo

[Usui Takumi 1,562]

So the official answer then is that USCIS looks at and follows the state law where the divorce was granted?

When the USC files a petition for a spouse or fiance/fiancee, the decree of divorce goes with the paperwork. I don't know why we would even be assuming that the law of another random state might apply.

I hadn't even thought of the cooling period prior to getting the paperwork. The way the OP worded his question it sounded like he had the paperwork in hand but was being restricted by his state law.

[rebeccajo 14]

So the official answer then is that USCIS looks at and follows the state law where the divorce was granted?

When the USC files a petition for a spouse or fiance/fiancee, the decree of divorce goes with the paperwork. I don't know why we would even be assuming that the law of another random state might apply.

I hadn't even thought of the cooling period prior to getting the paperwork. The way the OP worded his question it sounded like he had the paperwork in hand but was being restricted by his state law.

Let's assume he does.

USCIS doesn't know where he plans to marry. Should they take his plans to marry in another state into account when approving the petition?

[Usui Takumi 1,562]

In my opinion yes, though I don't know how USCIS thinks on this matter.

For instance what if he has the paperwork in hand and moves to another state?

Edited November 23, 2009 by Sousuke