Can I apply K-1 Now?

[KP & SP 9]

Hello Everyone,

I am new here and this forum is a eye opener.

I have a delima and i hope someone would be able to direct me towards the right direction.

I am newly divorced (Aug 6th, 2012)in the state of Nebraska where there is a SIX month waiting period for the final divorce decree.

According to the decree i am not allowed to get married until Feb 6th, 2012.

I have a fiancee and would like to bring her here so we can get married. Am i allowed to apply now? Am i going to get denied since 6 month waiting period has not completed.

Basically, i would like to start early and get in the line at DHS.

Any suggestions?

Thank You.

[pieroot 43]

I believe that at the time of the petition you must be legally free to marry and should have the final divorce decree attached to the initial petition. So my answer is you have to wait until you have that decree before you can officially start the process.

[Mango & Peach 0]

Hi, Kiran.

This is what I found on the net -

At what point during the process can a spouse remarry or start dating? In Nebraska, you cannot remarry anyone anywhere in the world until at least six months and one day have passed from the date the decree is signed by the judge and filed with the clerk’s office. There are no restrictions on when you can begin dating.

If u start the filing for paperworks, you can expect first reply next month. I believe the restriction will be for you to be able to apply for a Marriage License which you wont be able to do unless your fiancee is here which will be for sure after the Feb 6, 2012 time limit for the restriction.

[LeftCoastLady 441]

I believe that at the time of the petition you must be legally free to marry and should have the final divorce decree attached to the initial petition. So my answer is you have to wait until you have that decree before you can officially start the process.

[Mango & Peach 0]

I believe that at the time of the petition you must be legally free to marry and should have the final divorce decree attached to the initial petition. So my answer is you have to wait until you have that decree before you can officially start the process.

make sense tho :-)

Edited December 13, 2012 by Mango & Peach

[gstrength 20]

Hello Everyone,

I am new here and this forum is a eye opener.

I have a delima and i hope someone would be able to direct me towards the right direction.

I am newly divorced (Aug 6th, 2012)in the state of Nebraska where there is a SIX month waiting period for the final divorce decree.

According to the decree i am not allowed to get married until Feb 6th, 2012.

I have a fiancee and would like to bring her here so we can get married. Am i allowed to apply now? Am i going to get denied since 6 month waiting period has not completed.

Basically, i would like to start early and get in the line at DHS.

Any suggestions?

Thank You.

You cannot apply now, you must show proof that all your previous marriages are terminated.

[KP & SP 9]

You cannot apply now, you must show proof that all your previous marriages are terminated.

Understood, but i have the divorce decree in hand which i can submit to DHS. It is just the waiting time that is bothering me, once you are divorced it should have been legally terminated. I don't understand why there is a six month waiting period.

Worse case I will just wait for another 56 days...and so the countdown begins

[newlyweds2010 208]

Understood, but i have the divorce decree in hand which i can submit to DHS. It is just the waiting time that is bothering me, once you are divorced it should have been legally terminated. I don't understand why there is a six month waiting period.

Worse case I will just wait for another 56 days...and so the countdown begins

It's just a matter of waiting for what, 6 weeks? This process is very long and frustrating, and the last thing you want is to be rejected 6 months from now because you were not free to marry at the time you applied. Prepare all the documents and forms, double-check that everything is fine, and then on February 7th send everything out first thing in the morning. This is what I would do.

[baron555 934]

Hello Everyone,

I am new here and this forum is a eye opener.

I have a delima and i hope someone would be able to direct me towards the right direction.

I am newly divorced (Aug 6th, 2012)in the state of Nebraska where there is a SIX month waiting period for the final divorce decree.

According to the decree i am not allowed to get married until Feb 6th, 2012.

I have a fiancee and would like to bring her here so we can get married. Am i allowed to apply now? Am i going to get denied since 6 month waiting period has not completed.

Basically, i would like to start early and get in the line at DHS.

Any suggestions?

Thank You.

Nope, you are not legally available to be married and must be when you file the petition. I'd mail it on Feb 6, 2013.

[KP & SP 9]

Thank you all for the honest answers.

I greatly value your opinions.

[KennyJ 10]

I believe, the six months time is federal law actually. What that means the judge won't grant you divorce or bifurcation (single status) until 6 months (count from the date you serve your ex divorce paper) time. It doesn't mean you can marry or file any K1 or K3 papwerwork after 6 months. You are technically still married to your ex unless you have a divorce decreed or bifurcation status judgement.

[KP & SP 9]

I believe, the six months time is federal law actually. What that means the judge won't grant you divorce or bifurcation (single status) until 6 months (count from the date you serve your ex divorce paper) time. It doesn't mean you can marry or file any K1 or K3 papwerwork after 6 months. You are technically still married to your ex unless you have a divorce decreed or bifurcation status judgement.

I don't think six month time is a federal law since some other state do not have this waiting time period.

So a question out of context: When i file my 2012 taxes how am i supposed to define my status?

Single, Married or Divorced? In theory, if any of these status are recognized by the IRS then it should be recognized by USCIS. Just a thought, i could be wrong.

[Solano 3]

If you are not "FREE TO MARRY" you better wait. I know that waiting is the worst, but at the end it pays. Just think that you will be sharing your life with the person you love. Good luck!

[VanessaTony 3,567]

According to the decree i am not allowed to get married until Feb 6th, 20123.

You answered your own question. The paperwork is filed with the understanding you are "free to marry" at the time of filing. If you aren't free to marry at the time of filing the petition (which you state above) then you can't file.

So you need to wait until Feb 6th, 2013. Take this time to get your evidence together. Have your fiancee send you the documents she needs, download the forms and fill them in (but don't date them) and have the packet ready to go. Once it hits Feb 6, 2013, date the forms and send the packet.

**note - make sure before you mail it off to check the dates of the forms

[KennyJ 10]

I don't think six month time is a federal law since some other state do not have this waiting time period.

So a question out of context: When i file my 2012 taxes how am i supposed to define my status?

Single, Married or Divorced? In theory, if any of these status are recognized by the IRS then it should be recognized by USCIS. Just a thought, i could be wrong.

You are right. The link below has wait time for each state.

http://www.totaldivorce.com/process/requirements/divorce-decree-waiting-period.aspx