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llaz

Denial for applying before states "waiting period" is up?

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I spoke with lawyer today and I don't know if this person was totally confused or what but I thought it was kind of ridiculous what she was telling me and then I posted online on a K1 thing on a social media site and they said something even more ridiculous!

My fiance is getting a divorce from his ex which will be finalized October 19th. We are planning on sending the K1 after that. In my state one cannot get married unless 6 months have passed, I am fully aware of this. However, this "laywer" on the social media site that a ton of people are on and trust this persons statements says that we do not meet the "legally able to marry" unless you have passed the waiting period time in YOUR STATE! Seriously? Is this true? We have to wait 6 months to pass before even applying for the K1? We weren't even originally planning on marrying here in my state, however even if we were the time that it will take for the k1 to process plus the 90 days will absolutely be 6 months past.

Is this true?!?


Edited by llaz

Mi Amor & Me:

Met.... 1/2010 on my 1st trip to Chile!

Seven visits between 7/19/2015 - 7/9/2017 (Five me to Chile, Two him to USA)

Engaged .... 11/17/2015

K1/AOS Journey:

Spoiler

11/01/2016 .... I129F sent to Lewisville,TX

11/03/2016 .... I129F delivered/received

11/07/2016 .... NOA1 dated

11/08/2016 .... NOA1 text/email received

11/14/2016 .... NOA1 hardcopy received

04/07/2017 .... RFE notice on USCIS App
04/15/2017 .... RFE hardcopy received

04/20/2017 .... RFE response mailed
04/21/2017 .... RFE response received

06/05/2017 .... APPROVED!! (215 days) USCIS App still states RFE received

06/10/2017 .... NOA2 hardcopy received 
06/20/2017 .... NVC received & case number obtained

06/23/2017 .... Case left NVC

06/29/2017 .... Case received at Santiago embassy
07/21/2017 .... Interview

07/31/2017 .... Medical
08/14/2017 .... Visa in hand

08/28/2017 .... My love comes home! POE: ATL

10/21/2018 .... Wedding Day! <3

11/17/17 .... Mailed AOS Packet to Chicago Lockbox

11/20/17 .... Packet received

11/22/17 .... Case # received by text message

12/20/17 ... RFE recieved

1/10/18 ... RFE responded

3/1/18 ... EAD "New Card Being Produced" online (AP no change & no text)

3/6/18 ... EAD/AP card in mail

3/6/18 ... I-797 NOA hard copy received (EAD & AP)

 

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Heard this before.


:girlwerewolf2xn: Ana (L) Felix :wub:

K1 March Filer 2016

Interview Approved August 19, 2016

POE September 25, 2016

AOS November Filer 2016

DISCLAIMER: Please excuse my ABC & Gramm@r I am not an editor...

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Heard this before.

That they were denied? My fiancée is the one getting divorced in Chile and I am the US petitioner so it's not like I am married in the US trying to get away from the rules after I was just divorced in my state.


Mi Amor & Me:

Met.... 1/2010 on my 1st trip to Chile!

Seven visits between 7/19/2015 - 7/9/2017 (Five me to Chile, Two him to USA)

Engaged .... 11/17/2015

K1/AOS Journey:

Spoiler

11/01/2016 .... I129F sent to Lewisville,TX

11/03/2016 .... I129F delivered/received

11/07/2016 .... NOA1 dated

11/08/2016 .... NOA1 text/email received

11/14/2016 .... NOA1 hardcopy received

04/07/2017 .... RFE notice on USCIS App
04/15/2017 .... RFE hardcopy received

04/20/2017 .... RFE response mailed
04/21/2017 .... RFE response received

06/05/2017 .... APPROVED!! (215 days) USCIS App still states RFE received

06/10/2017 .... NOA2 hardcopy received 
06/20/2017 .... NVC received & case number obtained

06/23/2017 .... Case left NVC

06/29/2017 .... Case received at Santiago embassy
07/21/2017 .... Interview

07/31/2017 .... Medical
08/14/2017 .... Visa in hand

08/28/2017 .... My love comes home! POE: ATL

10/21/2018 .... Wedding Day! <3

11/17/17 .... Mailed AOS Packet to Chicago Lockbox

11/20/17 .... Packet received

11/22/17 .... Case # received by text message

12/20/17 ... RFE recieved

1/10/18 ... RFE responded

3/1/18 ... EAD "New Card Being Produced" online (AP no change & no text)

3/6/18 ... EAD/AP card in mail

3/6/18 ... I-797 NOA hard copy received (EAD & AP)

 

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I heard you cant do a petition til the 6 months divorse final time but people talk and sometimes they are wrong...but i have heard you need to wait for divorse to be final.

Edited by Anitafeliz

:girlwerewolf2xn: Ana (L) Felix :wub:

K1 March Filer 2016

Interview Approved August 19, 2016

POE September 25, 2016

AOS November Filer 2016

DISCLAIMER: Please excuse my ABC & Gramm@r I am not an editor...

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I heard you cant do a petition til the 6 months but people talk and sometimes they are wrong...but i have heard you need to wait for divorse to be final.

Right that last part I do know his divorce is for sure final and we will have a final statement and judgement for him in Chile on October 19th, within a week we will have the sentence statement signed and stamped by the court government


Mi Amor & Me:

Met.... 1/2010 on my 1st trip to Chile!

Seven visits between 7/19/2015 - 7/9/2017 (Five me to Chile, Two him to USA)

Engaged .... 11/17/2015

K1/AOS Journey:

Spoiler

11/01/2016 .... I129F sent to Lewisville,TX

11/03/2016 .... I129F delivered/received

11/07/2016 .... NOA1 dated

11/08/2016 .... NOA1 text/email received

11/14/2016 .... NOA1 hardcopy received

04/07/2017 .... RFE notice on USCIS App
04/15/2017 .... RFE hardcopy received

04/20/2017 .... RFE response mailed
04/21/2017 .... RFE response received

06/05/2017 .... APPROVED!! (215 days) USCIS App still states RFE received

06/10/2017 .... NOA2 hardcopy received 
06/20/2017 .... NVC received & case number obtained

06/23/2017 .... Case left NVC

06/29/2017 .... Case received at Santiago embassy
07/21/2017 .... Interview

07/31/2017 .... Medical
08/14/2017 .... Visa in hand

08/28/2017 .... My love comes home! POE: ATL

10/21/2018 .... Wedding Day! <3

11/17/17 .... Mailed AOS Packet to Chicago Lockbox

11/20/17 .... Packet received

11/22/17 .... Case # received by text message

12/20/17 ... RFE recieved

1/10/18 ... RFE responded

3/1/18 ... EAD "New Card Being Produced" online (AP no change & no text)

3/6/18 ... EAD/AP card in mail

3/6/18 ... I-797 NOA hard copy received (EAD & AP)

 

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Then as long as he is free to marry and you have proof of a bonefide marriage and having met....

2years with in


:girlwerewolf2xn: Ana (L) Felix :wub:

K1 March Filer 2016

Interview Approved August 19, 2016

POE September 25, 2016

AOS November Filer 2016

DISCLAIMER: Please excuse my ABC & Gramm@r I am not an editor...

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Its possible, but since you can marry in another state. However he will need his final divorce decree, so perhaps they don't give him that paperwork until after the 6 months have passed.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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That they were denied? My fiancée is the one getting divorced in Chile and I am the US petitioner so it's not like I am married in the US trying to get away from the rules after I was just divorced in my state.

Does Chile have a waiting period? If no then you don't have to wait because your State does.

I had a 30day waiting period in Canada, we had to wait for me, not what was in Arkansas. (I don't know if or what it is in AR) It has to be by the State/Province/Country where the divorce takes place.

Edited by Ontarkie

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Its possible, but since you can marry in another state. However he will need his final divorce decree, so perhaps they don't give him that paperwork until after the 6 months have passed.

We will have his final divorce decree within 1 week of the sentence.

Does Chile have a waiting period? If no then you don't have to wait because your State does.

I had a 30day waiting period in Canada, we had to wait for me, not what was in Arkansas. (I don't know if or what it is in AR) It has to be by the State/Province/Country where the divorce takes place.

No waiting period in Chile for men (for females its a different story).

So do we think its safe to say this person gave some really bad advise or didnt understand what I was saying?


Mi Amor & Me:

Met.... 1/2010 on my 1st trip to Chile!

Seven visits between 7/19/2015 - 7/9/2017 (Five me to Chile, Two him to USA)

Engaged .... 11/17/2015

K1/AOS Journey:

Spoiler

11/01/2016 .... I129F sent to Lewisville,TX

11/03/2016 .... I129F delivered/received

11/07/2016 .... NOA1 dated

11/08/2016 .... NOA1 text/email received

11/14/2016 .... NOA1 hardcopy received

04/07/2017 .... RFE notice on USCIS App
04/15/2017 .... RFE hardcopy received

04/20/2017 .... RFE response mailed
04/21/2017 .... RFE response received

06/05/2017 .... APPROVED!! (215 days) USCIS App still states RFE received

06/10/2017 .... NOA2 hardcopy received 
06/20/2017 .... NVC received & case number obtained

06/23/2017 .... Case left NVC

06/29/2017 .... Case received at Santiago embassy
07/21/2017 .... Interview

07/31/2017 .... Medical
08/14/2017 .... Visa in hand

08/28/2017 .... My love comes home! POE: ATL

10/21/2018 .... Wedding Day! <3

11/17/17 .... Mailed AOS Packet to Chicago Lockbox

11/20/17 .... Packet received

11/22/17 .... Case # received by text message

12/20/17 ... RFE recieved

1/10/18 ... RFE responded

3/1/18 ... EAD "New Card Being Produced" online (AP no change & no text)

3/6/18 ... EAD/AP card in mail

3/6/18 ... I-797 NOA hard copy received (EAD & AP)

 

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We will have his final divorce decree within 1 week of the sentence.

No waiting period in Chile for men (for females its a different story).

So do we think its safe to say this person gave some really bad advise or didnt understand what I was saying?

I'm going to say they didn't understand what you were saying.

Correction I'm hoping they didn't understand what you were saying.

Edited by Ontarkie

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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I just looked up Arkansas and there is a 3 month waiting period. So if that lawyer was right we should not have been able start the petition as Ontario was only 30days and we started a few days after that.

Edited by Ontarkie

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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I just looked up Arkansas and there is a 3 month waiting period. So if that lawyer was right we should not have been able start the petition as Ontario was only 30days and we started a few days after that.

Thank you for sharing your experience!!


Mi Amor & Me:

Met.... 1/2010 on my 1st trip to Chile!

Seven visits between 7/19/2015 - 7/9/2017 (Five me to Chile, Two him to USA)

Engaged .... 11/17/2015

K1/AOS Journey:

Spoiler

11/01/2016 .... I129F sent to Lewisville,TX

11/03/2016 .... I129F delivered/received

11/07/2016 .... NOA1 dated

11/08/2016 .... NOA1 text/email received

11/14/2016 .... NOA1 hardcopy received

04/07/2017 .... RFE notice on USCIS App
04/15/2017 .... RFE hardcopy received

04/20/2017 .... RFE response mailed
04/21/2017 .... RFE response received

06/05/2017 .... APPROVED!! (215 days) USCIS App still states RFE received

06/10/2017 .... NOA2 hardcopy received 
06/20/2017 .... NVC received & case number obtained

06/23/2017 .... Case left NVC

06/29/2017 .... Case received at Santiago embassy
07/21/2017 .... Interview

07/31/2017 .... Medical
08/14/2017 .... Visa in hand

08/28/2017 .... My love comes home! POE: ATL

10/21/2018 .... Wedding Day! <3

11/17/17 .... Mailed AOS Packet to Chicago Lockbox

11/20/17 .... Packet received

11/22/17 .... Case # received by text message

12/20/17 ... RFE recieved

1/10/18 ... RFE responded

3/1/18 ... EAD "New Card Being Produced" online (AP no change & no text)

3/6/18 ... EAD/AP card in mail

3/6/18 ... I-797 NOA hard copy received (EAD & AP)

 

Share this post


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Your welcome


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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In Japan, the rule was a woman could not marry after a divorce for 6 months. So we had to wait until my divorce was finalized, I could marry any time after a final divorce decree was issued, but we also had to wait 6 months had gone by for her. Short answer. You both have to have final divorce decrees in hand that show the dates of final divorce decrees before your application date and you have to following any legal waiting periods required for your home state/country. My guess is you are not going to get a divorce decree in hand for 6 months.


 
12/31/2015 - New Year's Eve 2015 Engagement
03/19/2016 - I-129F Package sent via Express Mail (Cashier's Check)

03/21/2016 - Notice of Receipt (Text/Email)

03/24/2016 - NOA1 Approval :dancing:

06/13/2016 - NOA2 Approval :dancing:

07/13/2016 - NVC Case received and Case # Assigned. YES!!!! :dancing:

07/19/2016 - K-1 document package arrives Tokyo, Japan Consulate

07/22/2016 - Packet 3 Received and Returned

08/07/2016 - Tokyo Embassy Interview...APPROVED!!! :dancing:

08/09/2016 - Passport & Visa Received from Embassy

09/29/2016 - POE San Francisco, CA

10/28/2016 - MARRIED!

11/09/2016 - AOS Package Received

11/18/2016 - Electronic I-131, I-765 NOA1, I-485 Biometrics Fee Acknowledged.

11/26/2016 - I-131, I-765 NOA1 Letters Received

11/27/2016 - I-485 NOA1 Received

12/14/2016 - Biometrics Done

02/11/2017  - RFE Recieved for EAD

02/13/2017 - Response to RFE Sent for EAD

02/21/2017 - EAD & I-131 Approved

03/01/2017 - EAD/AP Combo Card Received

 

 

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So let me get this straight, you live in state A that has a six month waiting period after a divorce. But you want to get married in state B. Does state B have a waiting period? I feel (I do not legally know) like if you included the fact that you're planning on getting married in state B in your letter of intent you'd be fine... as long as state B doesn't require residency of their state to get married in their state. I mean, any resident of state A could fly to Las Vegas and get married there and state A would be forced to recognize it even if 6 months hadn't passed. Someone please correct me if I'm wrong. Personally I'd probably file in October. I'd rather risk my filing fee and get my fiancé here 6 months faster than wait because it might be denied. The question really is how much money is getting your fiancé here 6 months earlier worth you risking? If it's worth more than it cost to file the petition, then I say go.


K-1 from Haiti - NOA1: 5/27/2014; NOA2: 7/8 USCIS never updated to say that it was sent to the NVC (just in case you're as concerned about your status not updating as I was about mine)
NVC Case Number Received: 7/31; Left NVC: 8/1 - tracked via DHL website; CEAC Status - Ready: 8/7; Packet 3 Received: 9/5 - Beneficiary received packet / Medical Completed: 9/19;
DS-160 Submitted: 9/22 - (CEAC date updated); Packet 3 Submitted: 9/26; Packet 4 Received: 10/24; Interview Date: 11/6 @ 7 am Interview Result: Approved!
CEAC Status Issued: 11/10; USTraveldocs.com finally acknowledged Fiance's passport actually in their system: 11/20; Passport Received: 11/21;

POE: 11/23/2014; Wedding: 2/14/2015

AOS/EAD/AP Filed: 2/21/2015;

USCIS EAD & AP received: 2/25; USCIS AOS received: 2/27; Received NOA1s in mail: 3/5; Biometrics: 3/26; EAD/AP Card in Production: 5/11; EAD/AP Card Mailed: 5/1; EAD/AP Card Received 5/19; NPIW Letter dated: 6/11/15; Green card Approved: 10/1/15;

Green card Received: 10/7/15

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