Newbie question, and I did try researching before asking.

[Thingee 0]

All right, I'm in the States, love is in the UK, not an unusual tale thus far, especially not around here! I've been doing all sorts of reading trying to get our ducks in a row before we actually start the filing process. Sadly, I've hit a stumbling block in my understanding of things. I'm recently divorced, and while some posts indicate this won't be a trouble at all as I am indeed divorced and legal to marry again, others seem to imply that we won't be stand a chance of approval for at least 2 years? I'm a natural born USC as is the ex husband. Sorry if I'm being a dolt. Thanks in advance!

[William33 110]

I have never heard of the 2 year thing.

As I understand it, you only need to be "legally" free to marry. Whether the divorce was last year or last week is irrelevant.

Good luck in your process.

All right, I'm in the States, love is in the UK, not an unusual tale thus far, especially not around here! I've been doing all sorts of reading trying to get our ducks in a row before we actually start the filing process. Sadly, I've hit a stumbling block in my understanding of things. I'm recently divorced, and while some posts indicate this won't be a trouble at all as I am indeed divorced and legal to marry again, others seem to imply that we won't be stand a chance of approval for at least 2 years? I'm a natural born USC as is the ex husband. Sorry if I'm being a dolt. Thanks in advance!

[Mew 0]

I have never heard of the 2 year thing.

As I understand it, you only need to be "legally" free to marry. Whether the divorce was last year or last week is irrelevant.

Good luck in your process.

The 2 year thing was mention in some of the threads. Someone had had their divorce but had a waiting period of 2 years to get married again, as to the laws in their state, if I'm not mistaken.

[MrsBruce5 0]

Hello...

Not true about a 2 year wait.

I am the USC, my husband is the UKC .

I was divorced legally from the ex on Oct. 11, 2005. Married my UK sweetheart on November 14, 2005 in New York, and submitted my I-130 on Dec.5, 2005.

We decided to go with the CR1, as it was more advantageous for us than a K3. Once you get your divorce certificate, you are free to marry, and proceed with life.

My husband was approved in London yesterday, and will be home with me in NY in exactly 11 days !

This whole process seems like a mountain to climb when you first begin, and there is a lot of conflicting information in the outside world, as there are so many options and different requirements for each option.

The people on this site are quite knowledgeable, and give straight, accurate advice.

Good luck to you !!!

Rose Bruce

[Turboguy 6]

There is no 2 year waiting period after a divorce to do a K-1 or K-3 visa. There is a need to apply for a waver if you are doing a K-1 and have done one within the last two years. The time frame you mention makes me think that is where the confusion is coming from.

I have never heard of a state that required you to be divorced for 2 years before re-marrying. If there is one and it is yours just go somewhere else.

[Thingee 0]

Thanks bunches, I was having a smallish fit over it. Virginia requires a year seperation before you can even file for divorce. (I'm not even going to get going on that.)

[rebeccajo 14]

Thanks bunches, I was having a smallish fit over it. Virginia requires a year seperation before you can even file for divorce. (I'm not even going to get going on that.)

I guess you've already passed that hurdle then?

I filed about 2 weeks after my divorce was final and we had no problems either.

[Thingee 0]

Yes, that hurdle is finally finally over. Seperated over 18 months ago and got my final decree of divorce Monday. (Combination of a slow court system, slow attorneys and an uber slow ex-husband.)

[mrc 0]

There is no 2 year waiting period after a divorce to do a K-1 or K-3 visa. There is a need to apply for a waver if you are doing a K-1 and have done one within the last two years. The time frame you mention makes me think that is where the confusion is coming from.

I have never heard of a state that required you to be divorced for 2 years before re-marrying. If there is one and it is yours just go somewhere else.

I haven't heard of a two year rule either but I do remember someone posting their state had a 60-day wait to remarry (unless it was your ex) after your divorce. My state does the 60-day cooling off period from the date of filing before it becomes final. Either way, I have never heard of a two-year waiting rule.

[Robor007 0]

Yeah, I don't think there's any state with a 2 year waiting period from divorce to remarry. IIRC, when my ex and I filed 7 years ago there was a 30 day 'cooling off' waiting period from filing to being able to get divorced but if I wanted to I could get a marriage license and remarry the same day if I wanted to.

[Mew 0]

Yeah, I don't think there's any state with a 2 year waiting period from divorce to remarry. IIRC, when my ex and I filed 7 years ago there was a 30 day 'cooling off' waiting period from filing to being able to get divorced but if I wanted to I could get a marriage license and remarry the same day if I wanted to.

I only mentioned the 2 year thing from memory. I thought I read it somewhere. So, I was mistaken, which is good!

[asante 0]

Virginia has an exception, for those who want to use 6 months of separation but you must meet 2 requiremnts:

1.MUST have a separation agreement AND

2.have no children.

Thanks bunches, I was having a smallish fit over it. Virginia requires a year seperation before you can even file for divorce. (I'm not even going to get going on that.)

Note that in VA, a divorce can be appealed for any reason, 30 days after its issued, by either party and then it may be re-examined. Thats why VA residents should wait for 30 days 'just in case' before remarrying. Rarely is that a problem, however.

Yes, that hurdle is finally finally over. Seperated over 18 months ago and got my final decree of divorce Monday. (Combination of a slow court system, slow attorneys and an uber slow ex-husband.)

Edited July 29, 2006 by asante

[Thingee 0]

Yes, it is 6 months if no children are involved, but there are nearly 4 year old twins in the mix...I wasn't aware of the 30 day doohickie(my own legalese term) but I don't see that being an issue as we're planning on applying for K-1.

[joeyjoey 1]

All you need to be is "legally free to marry". And you are. Stop worring! There is no 2 year limit for a divorced person.

[Catica 0]

Hiya Thingee,

Im from Virginia too, and my boyfriend from the UK. You sound very much like me, Just got my divorce papers last month had to wait a year too because of a 4 yr old son from that marriage. Just started the I-129F paperwork myself. Lets hope the best of luck for us both!! Send me a PM if you would like my email since are stories are so similiar it would be really nice to have someone to talk to that understand just about everything the other is going through