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Thingee

Newbie question, and I did try researching before asking.

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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!


-12/15/06 Mailed off I-129F

-12/19/06 NOA1 via email

-01/05/07 NOA2 via email

-01/13/07 NVC notice via snail mail

-01/25/07 Packet 3 arrives.

-02/22/07 Packet 3 is mailed.

-03/02/07 Medical

-03/13/07 Packet 4 arrives.

-03/16-24/07 Honey visits.

-04/02/07 Interview(Approved)

-04/10/07 Visa arrives.

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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!

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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.


I only offer advice - not even legal. Just the plain and simple kind.

Timeline (incompleta)

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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


"I have spread my dreams under your feet

Tread softly because you tread on my dreams"

-Yeats

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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.


12/14/2006 Applied for K-1 with request for Waver for Multiple filings within 2 years.
Waiting - Waiting - Waiting
3/6 Called NVC file sent to Washington for "Administrative Review" Told to call back every few weeks. 7/6 Called NVC, A/R is finished, case on way to Moscow. YAHOO!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
7/13 On Friday the 13th we see updated Moscow website with our interview on 9/11 (Hope we are not supersticious) 9/11 Visa Approved. Yahoo.
10/12 Tickets for her to America. I am flying to JFK to meet her there. 12/15/07 We are married. One year and a day after filling original K-1
12/27 Filed for AOS, EAD & AP 1/3 Received all three NOA-1's 1/22 Biometrics 2/27 EAD & AP received 4/12 Interview
5/19/08 RFE for physical that she should not have needed. 5/28 New physical ($ 250.00 wasted) 6/23 Green Card received
4/22/10 Filed for Removal of Contitions. 6/25 10 Year Green Card received Nov, 2014 Citizenship ceremony. Our journey is complete.

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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.)


-12/15/06 Mailed off I-129F

-12/19/06 NOA1 via email

-01/05/07 NOA2 via email

-01/13/07 NVC notice via snail mail

-01/25/07 Packet 3 arrives.

-02/22/07 Packet 3 is mailed.

-03/02/07 Medical

-03/13/07 Packet 4 arrives.

-03/16-24/07 Honey visits.

-04/02/07 Interview(Approved)

-04/10/07 Visa arrives.

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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.

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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.)


-12/15/06 Mailed off I-129F

-12/19/06 NOA1 via email

-01/05/07 NOA2 via email

-01/13/07 NVC notice via snail mail

-01/25/07 Packet 3 arrives.

-02/22/07 Packet 3 is mailed.

-03/02/07 Medical

-03/13/07 Packet 4 arrives.

-03/16-24/07 Honey visits.

-04/02/07 Interview(Approved)

-04/10/07 Visa arrives.

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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.

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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.


Married on 11/21/06 in her hometown city Tumauini located in the Isabela province (Republic of the Philippines)

I-129 Timeline

12/12/06 - Mailed I-129 package to Chicago Service Center

12/14/06 - Received by Chicago Service Center

12/18/06 - NOA1 notice date from Missouri (NBC)

12/21/06 - NOA1 received in mail

12/27, 12/29, 12/31 - Touches

01/06/07 - Transfered to California Service Center

01/11/07 - Arrived at California Service Center

1/12, 1/16, 1/17, 2/6 - Touches

02/06/07 - NOA2 from California Service Center

02/11/07 - Received NOA2 in mail

02/15/07 - Arrived at the NVC - MNL case # assigned

02/20/07 - Sent to US Embassy in Manila

02/26/07 - Received at Embassy

03/30/07 - Packet 4 received

05/09/07 - Medical scheduled (did early)

05/16/07 - Interview

05/23/07 - Visa Delivered

05/25/07 - POE in Newark, NJ

I-130 Timeline

11/27/06 - Mailed I-130 package to Texas Service Center

11/29/06 - Package received by Texas Service Center

12/06/06 - NOA1 notice date from California Service Center

12/09/06 - Touch

12/11/06 - NOA1 received in mail

02/06/07 - NOA2 from California Service Center

02/11/07 - Received NOA2 in mail (I-130 held at CSC)

--------------------

Pinoy Info Forum - For the members of Asawa.org in diaspora

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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!


I only offer advice - not even legal. Just the plain and simple kind.

Timeline (incompleta)

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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 by asante

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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.


-12/15/06 Mailed off I-129F

-12/19/06 NOA1 via email

-01/05/07 NOA2 via email

-01/13/07 NVC notice via snail mail

-01/25/07 Packet 3 arrives.

-02/22/07 Packet 3 is mailed.

-03/02/07 Medical

-03/13/07 Packet 4 arrives.

-03/16-24/07 Honey visits.

-04/02/07 Interview(Approved)

-04/10/07 Visa arrives.

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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.


Fernanda's Timeline

K-1

June 2, 2006 - Mailed K1 Petition

Jun 28, 2006 - NOA1

Oct 05, 2006 - NOA2 - APPROVED after 122 days

Dec 05, 2006 - Received Packet 3 from Consulate

Dec 11, 2006 - Medical Examination in Belo Horizonte

Jan 10, 2007 - Returned Packet #3 to Consulate (SEDEX-10)

Mar 13, 2007 - INTERVIEW SUCCESS! We have our K-1 VISA !!

POE & Texas Wedding

Mar 27, 2007 - POE Houston, TX. No questions. Gone in 10 minutes.

Mar 28, 2007 - Marriage License app

April 4, 2007 - Our Wedding Day!

April 12, 2007 - Apply for SS card with married name

April 20, 2007 - Received SS card

AOS

June 4, 2007 - Mailed AOS

June 6, 2007 - USCIS received

June 11, 2007 - NOA1 for I-485

July 18, 2007 - Biometrics completed

July 20, 2007 - Case transferred from MSC to CSC

July 31, 2007 - AOS Approved - 57 days - Without an Interview!

Aug 06, 2007 - Received Green Card in the mail today!

Jan 8, 2009 @ 8:18PM - Our son was born tonight !!

I-751 - Remove Conditions

July 11, 2009 - Certified Mail to VSC I-751 Package

July 14, 2009 - Check cleared bank

July 20, 2009 - NOA1 & 1 yr extension - Receipt date is July 14. Case# assigned

Sept 1, 2009 - Biometrics completed

Nov 25, 2009 - I-751 is approved. No Interview.

Dec 14, 2009 - 10yr Green Card arrived !

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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 :D


Scott and Misty Offcial Webpage!

How does it happen, Great love?... Noone knows.. But I what I do know is it happens in a blink of an eye. One minutes your happily living your life and the next your wondering how you ever lived without them.

*I-129f sent* 10-31-2006

*I-129f recieved at VSC* 11-02-2006

*NOA1* 11-03-2006

*Check Cashed/Touched* 11-09-2006

*Touched* 11-15-2006

*Touched* 11-16-2006

*RFE email notice* 12-05-2006

*RFE snail mail* 12-11-2006

*RFE mailed back overnight* 12-12-2006

*RFE recieved VSC* 12-13-2006

*Touched* 12-14-2006

*Touched* 12-15-2006

*Touched* 12-18-2006

*Touched* 12-19-2006

*NOA2 email* 01-25-2007

*Touched* 01-26-2007

*Case Recieved at NVC* 01-29-2007

*Case Sent to London Embassy* 01-30-2007

*Fiance Recieves Packet 3* 02-10-2007

*Fiance Mails Back Packet 3* 02-12-2007

*Medical* 02-21-2007

*Mailed Packet 3 (2nd Time)* 03-09-07

*Delivery Confirmation Embassy Recieved it* 03-12-07

*Recieved Packet 4* 03-19-2007

*Interview Date* 04-20-2007 *APPROVED*

Soon to Come

*arrival in the US* 05-03-2007

*Official Marriage* 05-12-2007

*Big Wedding for Family/Friends* 7-14-2007

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