remarriage under wisconsin laws

[Merrytooth 5,748]

Go read this old thread.

http://www.visajourney.com/forums/topic/272697-is-our-marriage-valid/?p=4175766

Their AOS got approved but the marriage is probably not recognized by Wisconsin. However they were moving to Duluth MN anyway.

[Merrytooth 5,748]

Here is the case where the AOS was denied because of WI marriage law.

http://www.visajourney.com/forums/topic/263685-removal-proceedinginvalid-marriage/

[rylforever 18]

i think you will be fine, as long as it is recognized in at least one state, it is valid, although it does not appear to be valid in wisconsin.

[Merrytooth 5,748]

But OP's AOS interview will be conducted in Wisconsin, USCIS will check if the marriage valid according to the state law.

[frody 14]

I have read too that if at least one of the part married in other state bonafide the marriage after the 6 month will be considered valid

[rylforever 18]

I would think though as long as it is recognized in other states although not wisconsin, the marriage is valid. uscis will check if the marriage is valid and it is under united states laws, maybe not wisconsin law, but u.s. law, it is valid.

[frody 14]

I would think though as long as it is recognized in other states although not wisconsin, the marriage is valid. uscis will check if the marriage is valid and it is under united states laws, maybe not wisconsin law, but u.s. law, it is valid.

I m crossing my fingers ! they really do their job and understand the circumstances that wasnt our intention to get rid of any law at all...we just follow what our attorney adviced Us! ....

[NigeriaorBust 4,087]

You should fire your attorney

[JimmyHou 610]

What matters is when your divorce in Wisconsin took effect.

If WI makes you wait 6 months for your divorce to be finalized, then you were still legally married and your marriage in Indiana was not legal.

Now this is the part where anyone can jump in and correct me if I'm wrong:

Does residency matter at all?

If WI finalized your divorce, then it shouldn't matter whether or not you waited 6 months; that's not for WI to decide as far as USCIS is concerned, even if you are WI residents, unless you get remarried in WI.

Your marriage must, however, be allowed by the state you get married in.

People leave their state of residence to get married all the time:

Example 1: gay marriage is not allowed in Texas, but it is allowed in NY. If a gay couple who are Texas residents get married in NY, the US citizen can sponsor his partner for a green card, even though their marriage does not comply with Texas laws.

Example 2: Mississippi has a lower age of consent than other states. If a man in Mississippi gets married on his 16th birthday, then 6 months later moves to another state with an higher age of consent, the marriage is still valid even though it would not be valid for a 16.5 year old to get married in that state.

So am I wrong in thinking that what matters to USCIS in this case is:

1) Whether WI finalized your divorce before you remarried

2) How long Indiana makes you wait before you remarry after a divorce

Because USCIS has to recognize your valid Indiana marriage license under Indiana law, right?

[AB loves AG 54]

I got divorced in Wisconsin in 2013 and the judge was VERY CLEAR at my final court date that I cannot get remarried for 6 months anywhere in the world, not just Wisconsin.

[NigeriaorBust 4,087]

If you have a legal wait from the court date before the divorce is considered valid your marriage took place before you were single. If the state you married in allows polygamy marriages you might sneak by but I am unaware of any US state where that is allowed.

[AB loves AG 54]

it still doesnt make sense, as long as you followed the rules in the jurisdiction of where you married you should be fine, did you disclose your divorce when you went to married in Indiana? people marry all over the united states, i could see an issue if you remarried too soon in wisconsin but you went to another state where it was allowed to remarry immediatley. Wisconsin law doesnt say you cannot leave the state to remarry just that you cannot remarry in the state of wisconsin for 6 months.

[AB loves AG 54]

it still doesnt make sense, as long as you followed the rules in the jurisdiction of where you married you should be fine, did you disclose your divorce when you went to married in Indiana? people marry all over the united states, i could see an issue if you remarried too soon in wisconsin but you went to another state where it was allowed to remarry immediatley. Wisconsin law doesnt say you cannot leave the state to remarry just that you cannot remarry in the state of wisconsin for 6 months.

I don't believe Wisconsin law says this. When I got divorced in Wisconsin the judge said I wasn't allowed to get remarried for 6 months anywhere in the world.

[Zedayn 485]

If you have a legal wait from the court date before the divorce is considered valid your marriage took place before you were single.

This. There are states that place waiting periods before a divorce is actually considered final and you are single and free to remarry. Iowa has a 3 month waiting period before the judge will sign the final divorce decree...meaning the date on the final divorce decree is the actual date you are free to remarry. From what I understand, Wisconsin has a 6 month waiting period after the judge signs the final divorce decree before you are single and free to remarry...meaning 6 months from the date on your final divorce decree is the date you are free to remarry.

How is the divorce decree written? If there is any indication in the final divorce decree, something along the lines of "...will be legally free to marry 6 months after this date....", then your marriage is not valid and will not be recognized.

[frody 14]

Thats the thing! I guess this is the point. The paper say: final divorce decree. ....FINAL ...means done, and then, in one of the points I have read the no authorization to remarried for 6 month.

I have read too in the wisconsin law that if the impediment for remarried is gone (6 month) and you still living as a husband and wife automatically the marriage is valid.

My concerns are:

1) I married in other state where is no waiting period of time...in INDIANA is a valid marriage.

2) one of Us didnt even know about the 6 month period waiting time and we tought was ok because the attorney that was doing our k1 visa told Us there is no problem.

3) was under a extreme (life threatening ) circumstances and the will and necessary paperwork was done in order to the couple be the beneficiary

4) the USCIS interview was when the 6 month period was already gone.

5) We are so in love !