Does a divorce affect the process if it was recent

[MikeClaudia 2]

Hi I'm new to the forum my fiance and I have been togeather since we first started dating in 2009.Luckily for me when we first met I was living where I grew up and spent most of my life in San Diego,California USA.She was living in Tijuana,Mexico when I met her which is where I have been living with her since November of 2009.If anybody does not know about Tijuana and San Diego they share a border and it is the busiest land crossing border in the world.I know all about this as I cross all the time as I live in Mexico but work in the United States.My only problem is I can not get Sentri so I have to wait in lines sometimes of two hours plus which is common just to go to work or see my family or shop in San Diego.So I have to leave three hours early to go to work which is only 30 miles away.Funny thing is coming home to Mexico it only takes me 40 minutes on average as they don't have the security or lines to get in as the USA does.But this is way better then the stories I have been reading on here where people can only talk on the internet or barely see there fiance in person cause of distance.

My question is she was married to an American before me they broke up six months before we met and they had a kid togeather who was not even two at the time.She was never married in the USA just Mexico and since has finaly got divorced in Mexico last Febuary.She has also never been to the USA and they never were togeather long enough and getting along to start any sort of process for papers.Part of the reason she waited so long to get divorced is even though her son was born in Tijuana,Mexico because his dad is an American he got American Citzenship her kid can cross the border so she did not want to force a divorce tell the dad brought it up and agreeded even though she was living with me because he was brining and picking his son up in Tijuana every week so he could stay with his mom when he was not attending preschool and spending time in the USA with him and his grandparents.She was just afraid to upset him and not be able to see her son.Because if his dad wanted to keep him in the USA and not bring him to Tijuana it would be hard for her to do anything about it.

My question is she finaly got her divorce finalized then we started our packet soon after and have finaly sent it and are awaiting on a decision.

I have tons of pictures of me and her and her son over the last few years(including different looks for her as in hairsyles,some weight gain and her son obviosly growing as he was under two when we started dating and is five now as well as pictures with some of her family members),contracts of the three apartments we have shared in Tijuana,bills some with my name and some with hers and plane tickets and reservations from the four times I visted Monterrey,Mexico with her and her son which is where she is originaly from with our names on them.I'm not worried about the evidence as I have lived with her since November 2009,and been with her for 3 and a half years.

Not sure if my above evidence is not enough if they check cell phone records which is mainly texts cause it is expenisve to call Mexico from the USA and versa via cell(also we don't talk on the phone as much or on the net anymore since we live togeather) or if they check my crossing records entering the USA from Tijuana.

I'm just curious because she was not divorced most of that time we were togeather and we filled for a k-1 quickly after her divorce was finalized in Mexico if that will have any affect on anything.

[L+T 71]

It is no problem as long as the divorce was Absolute and Final before filing the petition. IE, any needed waiting period has expired and she is free to marry legally.

[MikeClaudia 2]

It is no problem as long as the divorce was Absolute and Final before filing the petition. IE, any needed waiting period has expired and she is free to marry legally.

Well we plan to get married in California just like at the justice of the peace no big wedding for us.There is no leagal waiting time in California if your case is finalized.But it says on the divorce paper which I saw when we picked it up here in Tijuana,and we sent a copy of with the packet if you were to get remarried in Mexico you have to wait like a year.

She has been told that does not have any affect in the USA but just because she heard that even from a attorney does not always mean it's true.

[Mark + Melissa 49]

Well we plan to get married in California just like at the justice of the peace no big wedding for us.There is no leagal waiting time in California if your case is finalized.But it says on the divorce paper which I saw when we picked it up here in Tijuana,and we sent a copy of with the packet if you were to get remarried in Mexico you have to wait like a year.

She has been told that does not have any affect in the USA but just because she heard that even from a attorney does not always mean it's true.

If Mexico law is wait a year, USCIS will most likely want you to wait that year as she will not be legally free and able to marry you until it's up.

My first petition was denied because my fiance's divorce certificates from Scotland didn't show the signature (cut off when copied) therefore even though Scotland said he was free to marry (and divorce) second wife, USCIS said he wasn't as he didn't prove the first divorce was final (so he wasn't free to marry and divorce 2nd wife). . I saw a post last week of someone who was RFEd because he didn't prove that he was in Philippines when he divorced first wive (a requirement for Philippines divorce). So even though he legally married his second wife in Philippines, USCIS doesn't believe it until he provides prove he was in country during the mandatory period needed for divorce to be legal in Philippines.

[L+T 71]

Well we plan to get married in California just like at the justice of the peace no big wedding for us.There is no leagal waiting time in California if your case is finalized.But it says on the divorce paper which I saw when we picked it up here in Tijuana,and we sent a copy of with the packet if you were to get remarried in Mexico you have to wait like a year.

She has been told that does not have any affect in the USA but just because she heard that even from a attorney does not always mean it's true.

Waiting periods mean the divorce is not final. The purpose is to leave time for appeal on terms of divorce, or some other reason. Therefore the divorce is not Absolute until the waiting period is complete. Mine had a 90 day waiting period. During this time i was not free to marry, even in california, as my divorce was not yet final and absolute.

[Mark + Melissa 49]

Waiting periods mean the divorce is not final. The purpose is to leave time for appeal on terms of divorce, or some other reason. Therefore the divorce is not Absolute until the waiting period is complete. Mine had a 90 day waiting period. During this time i was not free to marry, even in california, as my divorce was not yet final and absolute.

And you can't file before the waiting period is up. That happened to a friend of mine on here. She filed 5 days before her waiting period was up and was denied, even though another 6 months had passed since then.

[MikeClaudia 2]

And you can't file before the waiting period is up. That happened to a friend of mine on here. She filed 5 days before her waiting period was up and was denied, even though another 6 months had passed since then.

My fiance told me she was told by lawyers in Mexico that the law about the waiting period only affects you if you are to get remarried in Mexico not the USA.My pettion was sent back to me because I was lacking a siqnautre on something but they said nothing about this a week ago.I resent and recieved the email and text from them yesterday that they would send me more info in 7-10 days.I'm hoping we are in the clear then as far as this concern.I figure we are probably in the fine.When was your friend denied when sending the petition or was it later in the process?

Maybe some countries are different as applies to this particulair law.

[berhanu 10]

here is the waiting period after divorce as applicable in the 50 states. some states dont have waiting period to remarry.

State

Remarriage Waiting Period after Divorce

Alabama

60 days. (It takes 30 days for the court to issue a final divorce decree after a divorce petition is filed.)

Alaska

No waiting period. (It takes 30 days for the court to issue a final divorce decree after a divorce petition is filed.)

Arizona

No waiting period. (It takes 60 days for the court to issue a final divorce decree after a divorce petition is filed.)

Arkansas

No waiting period. (It takes three months for the court to issue a final divorce decree after a divorce petition is filed.)

California

No waiting period. (It takes six months for the court to issue a final divorce decree after a divorce petition is filed.)

Colorado

No waiting period. (It takes 90 days for the court to issue a final divorce decree after a divorce petition is filed.)

Connecticut

No waiting period. (It takes 90 days for the court to issue a final divorce decree after a divorce petition is returned.)

Delaware

No waiting period. (It takes 30 days for the court to issue a final divorce decree after a divorce petition is filed.)

District of Columbia

No waiting period. (It takes 30 days for the court to issue a final divorce decree after a divorce petition is filed.)

Florida

No waiting period. (There is no statutory period for divorce finalization.)

Georgia

No waiting period. (There is no statutory period for divorce finalization.)

Hawaii

No waiting period. (There is no statutory period for divorce finalization.)

Idaho

No waiting period. (It takes 20 days for the court to issue a final divorce decree after a divorce petition is filed.)

Illinois

No waiting period. (There is no statutory period for divorce finalization.)

Indiana

No waiting period. (It takes 60 days for the court to issue a final divorce decree after a divorce petition is filed.)

Iowa

No waiting period. (It takes 90 days for the court to issue a final divorce decree after a divorce petition is filed.)

Kansas

30 days. (It takes 60 days for the court to issue a final divorce decree after a divorce petition is filed.)

Kentucky

No waiting period. (It takes 60 days for the court to issue a final divorce decree after a divorce petition is filed.)

Louisiana

No waiting period. (It takes six months when the couple has no children and one year when the couple has children for the court to issue a final divorce decree after a divorce petition is filed.)

Maine

No waiting period. (It takes 60 days for the court to issue a final divorce decree after a divorce petition is filed.)

Maryland

No waiting period. (It takes 30 days for the court to issue a final divorce decree after a divorce petition is filed.)

Massachusetts

No waiting period. (It takes 30 days + 90 days in no-fault divorce and six months + 90 days in fault divorce for the court to issue a final divorce decree after a divorce petition is filed.)

Michigan

No waiting period. (It takes 60 days for the court to issue a final divorce decree after a divorce petition is filed.)

Minnesota

No waiting period. (It takes 30 days for the court to issue a final divorce decree after a divorce petition is filed.)

Mississippi

No waiting period. (It takes 60 days for the court to issue a final divorce decree after a divorce petition is filed.)

Missouri

No waiting period. (It takes 30 days for the court to issue a final divorce decree after a divorce petition is filed.)

Montana

No waiting period. (It takes 20 days for the court to issue a final divorce decree after a divorce petition is filed.)

Nebraska

6 months. (It takes 60 days for the court to issue a final divorce decree after a divorce petition is filed.)

Nevada

No waiting period. (There is no statutory period for divorce finalization.)

New Hampshire

No waiting period. (There is no statutory period for divorce finalization.)

New Jersey

No waiting period. (Finalization depends on which judicial management track a case enters.)

New Mexico

No waiting period. (There is no statutory period for divorce finalization.)

New York

No waiting period. (It takes one year for the court to issue a final divorce decree after a divorce petition is filed.)

North Carolina

No waiting period. (It takes 30 days for the court to issue a final divorce decree after a divorce petition is filed.)

North Dakota

No waiting period. (There is no statutory period for divorce finalization.)

Ohio

No waiting period. (It takes 30 to 90 days for the court to issue a final divorce decree after a divorce petition is filed.)

Oklahoma

6 months. (It takes 10 days when the couple has no children and 90 days when the couple has children for the court to issue a final divorce decree after a divorce petition is filed.)

Oregon

No waiting period. (It takes 90 days for the court to issue a final divorce decree after a divorce petition is filed.)

Pennsylvania

No waiting period. (It takes 90 or more days for the court to issue a final divorce decree after a divorce petition is filed.)

Rhode Island

No waiting period. (It takes 60 days for the court to issue a final divorce decree after a divorce petition is filed.)

South Carolina

No waiting period. (It takes 90 days for the court to issue a final divorce decree after a divorce petition is filed.)

South Dakota

No waiting period. (It takes 60 days for the court to issue a final divorce decree after a divorce petition is filed.)

Tennessee

No waiting period. (It takes 60 days for couples without children and 90 couples with children for the court to issue a final divorce decree after a divorce petition is filed.)

Texas

30 days. (It takes 60 days for the court to issue a final divorce decree after a divorce petition is filed.)

Utah

No waiting period. (It takes 90 days for the court to issue a final divorce decree after a divorce petition is filed unless the couple completes a class for divorcing parents.)

Vermont

No waiting period. (It takes 20 days for the court to issue a final divorce decree after a divorce petition is filed.)

Virginia

No waiting period. (It takes two to three months in uncontested divorces and 18 months in contested divorces for the court to issue a final divorce decree after a divorce petition is filed.)

Washington

No waiting period. (It takes 90 days for the court to issue a final divorce decree after a divorce petition is filed.)

West Virginia

No waiting period. (It takes 20 days for the court to issue a final divorce decree after a divorce petition is filed.)

Wisconsin

6 months. (It takes 120 days for the court to issue a final divorce decree after a divorce petition is filed.)

Wyoming

No waiting period. (It takes 20 days for the court to issue a final divorce decree after a divorce petition is filed.)

[Protocol417 161]

Please be careful with the information above because it is much more complicated than that. For example, above says that there is no statutory waiting period for Illinois, but this is only true with some types of divorces. There may be no waiting period to get remarried once the divorce is final (thank goodness) but there is a waiting period for no-fault divorces before the divorce can become final. You have to be living separately for a certain amount of time before no-fault can be used, otherwise you would need grounds for divorce.