Wait time between divorce and I-129F?

[justintimewell 0]

How soon after a Thai woman divorces her Thai husband can she and her American fiance begin the K1 process and send out the I-129F?

[Zedayn 486]

As soon as she is legally free to marry. If she is legally free to marry once divorced, then that is when you can begin the process.

[baron555 934]

As soon as it's final and she has the certified documents. If there is any waiting period like some US states have, then you have to add that to the time to wait until filing the petition.

[jahmakeka 8]

There is no wait time, but be sure to prove it on your final divorce decree.

[justintimewell 0]

She is still currently legally married, but we are engaged. We have almost all of our I-129F packet complete. Just waiting for her legalized divorce papers. She will divorce maybe next week. We want to start our visa process asap. Will they frown upon the fact that she was still legally married while we became engaged?

[baron555 934]

No but may face some questions about it at the interview.

[justintimewell 0]

So if Thai law states that Thai citizen must wait 310 days before remarryimg, does this mean we have to wait 310 days after legal divorce before we can submit our I -129F?

[Thane 8]

i don't think the 310 days disqualifies her for a visa, since that is for getting married in Thailand, not the US. regardless, one of the ways that you can waive that is if she has a doctor check to make sure she is not pregnant, which I think will be covered under the medical exam required for the visa.

[justintimewell 0]

Thanks everyone for the feedback. I just want to make sure we do everything right so we don't run into problems and get denied.

[Karee 4,191]

So if Thai law states that Thai citizen must wait 310 days before remarryimg, does this mean we have to wait 310 days after legal divorce before we can submit our I -129F?

Since you are applying for a K-1 visa to marry in the U.S. Thai law does not apply.

[Zedayn 486]

Actually that law does apply. If she is not free to marry for 310 days, she is not free to marry. BOTH parties need to be legally able to marry before filing the petition. You need to wait until her waiting period is finished before filing.

[kitthekat 1,317]

As someone mentioned above, one way around the 310 day rule is to obtain a certificate issued by a qualified doctor showing that the divorcee isn't pregnant (section 1453, Thai Civil and Commercial Code).

Section 1459 goes on to say that:

A marriage in foreign country between Thai people or between a Thai people and a foreigner may be effected according to the form prescribed by Thai law or by the law of the country where it takes place. If the spouses desire to have the marriage registered according to Thai law, the registration shall be effected by a Thai Diplomatic or Consular Officer.

I read this to mean that you don't have to abide by Thai laws if the marriage is in a foreign country. You can, but you don't have to.

Edited January 29, 2014 by kitthekat