free to marry

[asante 0]

Lets not be mad at each other.

If am wrong I will admit it, but no one has given us proof about an I-129F being rejected for someone who had a divorce decree, because they did not wait for a certain remarriage period. Thats what Desertfox was trying to say USCIS does, but he couldnt prove it.

MEOW.

I already have one divorce decree to my credit. Shocking I know. I'm truly surprised that you couldn't already tell by my superior attitude what a ###### I must be.

I wont get into catfights with you Rebecca. The fact is what you just edited makes no sense because the divorce decree is the evidence that a marriage has been legally terminated. What else do you get after a divorce decree?

There is nothing you get after a divorce decree.You will know one day, from your own experience, hang in there.

why dont you go and get armed instead?

Very high school.

Come back and join the fray when you can debate with some level of maturity.

[rebeccajo 14]

Here's your first shotgun spray post in this thread. A direct unedited quote. There is no such thing as a generic divorce. Do you want to keep this going or can you see why what you advice is misguided at best to someone who might be new to this community.

This is nonsense, john and marlene.

He can file for the I-129F ASAP. Divorce are regulated by state laws and one is free to marry anywhere as long as they comply with THAT STATE'S laws. He is not a bigamist because hes already divorced. I-129F and immigration are federal matters and the federal govt will look at the generic way of divorcing a marriage common among all states, which is the decree and thats what they will go by.

They have no time to look at what state requires what time to remarry. They are not that smart anyway otherwise they would be working at the court house!

Although you may not be free to marry in the state you reside are you not free to marry in say Las Vegas? And it appears it will be a moot point anyways as you will surely wait quite a while for your visa, so that with the 90 days you get on your visa to marry you will be able to fufill your states requirements. This is purely speculation on my part, you may wish to check in with a lawyer on this, there are some who do free online consults.

No, you are not free to marry anywhere until the specified time has passed. If you remarry anywhere in the world before the specified time, you will be a bigamist.

I'm not mad at you. I'm just trying to get you to see that immigration has layers and you damn well better be careful what you advise people on this board!

Edited August 6, 2006 by rebeccajo

[TomLena 0]

I believe I was certainly wrong to believe the assumption that one must be legally able to marry _at the time of application_ was correct. There's a good chance it isn't correct based on what I'm reading in the application and instructions:

At the end of the application, where you are to provide your signature, what I have found is:

YOUR CERTIFICATION: I am legally able to and intend to marry my alien fiancé(e) within 90 days of his or her arrival in the United States. I certify, under penalty of perjury under the laws of the United States of America, that the foregoing is true and correct.Furthermore, I authorize the release of any information from my records that U.S. Citizenship and Immigration Services needs todetermine eligibility for the benefit that I am seeking.

I can see by the wording of this how some of the less savvy can misinterpret the sentence. Watch this:

I am Doesn't say anything yet - I am what?

I am legally able to Still doesn't say anything yet...

I am legally able to and intend to marry my alien fiancé(e) Ok - If this were all there were to the sentence, I would say that you're required to be legally able to marry at the time of the signature, however, there is more:

I am legally able to and intend to marry my alien fiancé(e) within 90 days of his or her arrival in the United States. Bingo! Some might argue that the sentence states that someone must be legally able to marry _today_, but intend to marry _within the 90 days of arrival_, but if that were the meaning of the sentence, the sentence would be grammatically incorrect. The ability and intention in this sentence come hand in hand with the 'within 90 days of the arrival'. Really, and I will state it again, this is something that is best discussed with an attorney. Whether or not a fraud was committed if this person filed his I-129F today is something that courts could decide and that he most certainly would win after a potentially long and painful battle, but what really matters on this is how is the USCIS translating this today, and why the heck is there a place on the application to check off that your status is 'married' without any note following it that says you can't apply if you're still married? Does anyone have any further documentation on this?

[asante 0]

In short, you need to be divorced WHEN YOU FILE the I-129F (legally free to marry).

A divorce decree is a court order, which declares at the end of it that the matrimonial bonds are 'hereby broken'. So, if you have a divorce decree, and barring any other restrictions on the decree, you should be free to marry.

I believe I was certainly wrong to believe the assumption that one must be legally able to marry _at the time of application_ was correct. There's a good chance it isn't correct based on what I'm reading in the application and instructions:

At the end of the application, where you are to provide your signature, what I have found is:

YOUR CERTIFICATION: I am legally able to and intend to marry my alien fiancé(e) within 90 days of his or her arrival in the United States. I certify, under penalty of perjury under the laws of the United States of America, that the foregoing is true and correct.Furthermore, I authorize the release of any information from my records that U.S. Citizenship and Immigration Services needs todetermine eligibility for the benefit that I am seeking.

I can see by the wording of this how some of the less savvy can misinterpret the sentence. Watch this:

I am Doesn't say anything yet - I am what?

I am legally able to Still doesn't say anything yet...

I am legally able to and intend to marry my alien fiancé(e) Ok - If this were all there were to the sentence, I would say that you're required to be legally able to marry at the time of the signature, however, there is more:

I am legally able to and intend to marry my alien fiancé(e) within 90 days of his or her arrival in the United States. Bingo! Some might argue that the sentence states that someone must be legally able to marry _today_, but intend to marry _within the 90 days of arrival_, but if that were the meaning of the sentence, the sentence would be grammatically incorrect. The ability and intention in this sentence come hand in hand with the 'within 90 days of the arrival'. Really, and I will state it again, this is something that is best discussed with an attorney. Whether or not a fraud was committed if this person filed his I-129F today is something that courts could decide and that he most certainly would win after a potentially long and painful battle, but what really matters on this is how is the USCIS translating this today, and why the heck is there a place on the application to check off that your status is 'married' without any note following it that says you can't apply if you're still married? Does anyone have any further documentation on this?

[rebeccajo 14]

I am legally able to and intend to marry my alien fiancé(e) within 90 days of his or her arrival in the United States.

See the word AND?

I'm getting a huge headache......

Reminds me of Clinton saying 'depends on what 'is' is'.

[KarenCee 3]

Yes Rebecca, please answer that question. Thanks Karen for the observation.

Just explain to us one thing please....WHY are you so unpleasant to most everyone who posts on VJ? I just don't get it. Can't you be polite? Geesh

Very funny...that question was directed to YOU asante.

[TomLena 0]

I am legally able to and intend to marry my alien fiancé(e) within 90 days of his or her arrival in the United States.

See the word AND?

I'm getting a huge headache......

Reminds me of Clinton saying 'depends on what 'is' is'.

There is no other correct way to interpret this sentence than to include the 'able to' and 'intend to' parts as both being bound by the 'within 90 days' condition. As I said, if the sentence meant to state otherwise, then it is grammatically incorrect. I not only see the word 'and', I see the 'within 90 days of his or her arrival in the United States', which overrides any assumption that the condition must be met at the time of signing.

Also note that there is a world of difference between someone signing this application who has a pending divorce, as he/she cannot make any guarantee that he/she will be legally able to marry within 90 days of the fiance(e)'s arrival, however, if they are under a fixed waiting period, such guarantee can be made.

Edited August 6, 2006 by TomLena

[Ban Hammer 12,878]

I am legally able to and intend to marry my alien fiancé(e) within 90 days of his or her arrival in the United States.

See the word AND?

I'm getting a huge headache......

Reminds me of Clinton saying 'depends on what 'is' is'.

karen, since you're the teacher on board.........

"I am legally able to...."

does that statement not apply to when they sign the document, meaning they are able to as of the date of the signing? as it don't say "i will be legally able to........" i'd think this means one must be legally able to marry on the date said document is signed.

[asante 0]

No, it was directed at you. Am not a bad person, I just try to get to the truth.

Yes Rebecca, please answer that question. Thanks Karen for the observation.

Just explain to us one thing please....WHY are you so unpleasant to most everyone who posts on VJ? I just don't get it. Can't you be polite? Geesh

Very funny...that question was directed to YOU asante.

Edited August 6, 2006 by asante

[Ban Hammer 12,878]

reading comprehension problem? and you're offering your warped views on this topic and you can't even figure out that original statement was directed at you? jeesh.

No, it was directed at you. Am not a bad person, I just try to get to the truth.

Yes Rebecca, please answer that question. Thanks Karen for the observation.

Just explain to us one thing please....WHY are you so unpleasant to most everyone who posts on VJ? I just don't get it. Can't you be polite? Geesh

Very funny...that question was directed to YOU asante.

[TomLena 0]

Hypothetical situation:

Someone is 18 years of age and living in the United States. They sign a document that states the following:

I am legally able to and intend to drink alcohol within 90 days of my reaching the age of 21.

[rebeccajo 14]

Charles you get an A for not only being able to decipher simple sentence structure but for being able to read a government document. Which admittedly is sometimes a daunting task.

Hey people, this is crazy.

I have to go pick up my man. He's spent a long hard day slaving on the phones. I don't have to any more time to invest in this debacle.

The only reason I entered this thread in the first place was to suggest that one use caution when making what sould like bottom line unequivocable declarations of knowledge on VJ. It can gravely impact the life of posters who don't spend as much time here as we do!

A little humility here is in order. NOBODY on this board knows everything. And a search for the truth is not always what matters to USCIS/DOS anyway. They are the man with the gold and therefore they make the rules.

And that's one thing those of use who have been here a long time can attest to.

[babybunny 2]

Although you may not be free to marry in the state you reside are you not free to marry in say Las Vegas? And it appears it will be a moot point anyways as you will surely wait quite a while for your visa, so that with the 90 days you get on your visa to marry you will be able to fufill your states requirements. This is purely speculation on my part, you may wish to check in with a lawyer on this, there are some who do free online consults.

No, you are not free to marry anywhere until the specified time has passed. If you remarry anywhere in the world before the specified time, you will be a bigamist.

I disagree. slightly you wont be a biamist. your marriage wont be valid or reconized.

[KarenCee 3]

I am legally able to and intend to marry my alien fiancé(e) within 90 days of his or her arrival in the United States.

See the word AND?

I'm getting a huge headache......

Reminds me of Clinton saying 'depends on what 'is' is'.

karen, since you're the teacher on board.........

"I am legally able to...."

does that statement not apply to when they sign the document, meaning they are able to as of the date of the signing? as it don't say "i will be legally able to........" i'd think this means one must be legally able to marry on the date said document is signed.

"I am" and "I will be" are two different statements. If you date the letter, say August 6, 2006, and in that letter you state "I am legal to...." then you better be! " Will be" refers to what will be in the future. "I am" indicates present time. "Intend to" indicates intention to do something, whether that intention is in the future or for the present time.

There will be a test on Friday.

Edited August 6, 2006 by KarenCee

[Ban Hammer 12,878]

Hypothetical situation:

Someone is 18 years of age and living in the United States. They sign a document that states the following:

I am legally able to and intend to drink alcohol within 90 days of my reaching the age of 21.

in the case of the above, the writer's english teacher would use lots of red marks on that

i am legally able to (present tense - and wrong as the person is 18)

a more accurate statement would be: when i am legally able to i intend to drink alcohol within 90 days of my reaching the age of 21.

Charles you get an A for not only being able to decipher simple sentence structure but for being able to read a government document. Which admittedly is sometimes a daunting task.

Hey people, this is crazy.

I have to go pick up my man. He's spent a long hard day slaving on the phones. I don't have to any more time to invest in this debacle.

The only reason I entered this thread in the first place was to suggest that one use caution when making what sould like bottom line unequivocable declarations of knowledge on VJ. It can gravely impact the life of posters who don't spend as much time here as we do!

A little humility here is in order. NOBODY on this board knows everything. And a search for the truth is not always what matters to USCIS/DOS anyway. They are the man with the gold and therefore they make the rules.

And that's one thing those of use who have been here a long time can attest to.

queen becca patted me on the back. i must note this historic day on my calendar