Free to marry??

[TexHerts 0]

I have a small question here regarding the 'free to marry' aspect of the visa.

Both of us are in the process of divorces and we have a question.

As she is in Texas she believes that once divorced that she has to wait 90 days from the date of her final decree before she is able to re-marry.

Does this law still exist? (her parents had to do this 20+ years ago)

Does it mean that if it still exists, that she cannot actually apply for my visa until her 90 days is up?

Thanks

[payxibka 10,048]

I have a small question here regarding the 'free to marry' aspect of the visa.

Both of us are in the process of divorces and we have a question.

As she is in Texas she believes that once divorced that she has to wait 90 days from the date of her final decree before she is able to re-marry.

Does this law still exist? (her parents had to do this 20+ years ago)

Does it mean that if it still exists, that she cannot actually apply for my visa until her 90 days is up?

Thanks

There was an active discussion thread on this very topic just a couple of days ago. There were many that are currently in that situation and believe that they must wait the entire "cooling off" period before filing.

[Otto 83]

I have a small question here regarding the 'free to marry' aspect of the visa.

Both of us are in the process of divorces and we have a question.

As she is in Texas she believes that once divorced that she has to wait 90 days from the date of her final decree before she is able to re-marry.

Does this law still exist? (her parents had to do this 20+ years ago)

Does it mean that if it still exists, that she cannot actually apply for my visa until her 90 days is up?

Thanks

The person to ask if the law still exists is her attorney.

Edited April 6, 2007 by Karin und Otto

[Minya's wife 25]

I have a small question here regarding the 'free to marry' aspect of the visa.

Both of us are in the process of divorces and we have a question.

As she is in Texas she believes that once divorced that she has to wait 90 days from the date of her final decree before she is able to re-marry.

Does this law still exist? (her parents had to do this 20+ years ago)

Does it mean that if it still exists, that she cannot actually apply for my visa until her 90 days is up?

Thanks

Here are some answers to your question. Remember, Google is your friend!

"How long does it take to get divorced?"

After you've filed for divorce, Texas requires a 60 day "cooling off period" before the final divorce decree. If you and your spouse are in agreement, the final decree can be filed on the 61st day. But in practice, it takes two to nine months, roughly.

"When is my divorce final?"

Your divorce is final on the day the Decree of Divorce is signed by the Judge. You may not remarry for 30 days after your Decree is signed due to possible appeals.

I belive this means that after she receives the Divorce Decree, she cannot file the I-129F until after the 30 day waiting period, as the pre-requisite for filing is that both the petitioner and beneficiary be legally free to marry at the time the petition is filed. Someone please correct me if I have this wrong.

Source: http://www.fulwilerlaw.com/content/austin-...er.php#divorce9

FAQ section has many useful answers to common divorce questions.

Edited April 6, 2007 by Paula&Minya

[Mononoke28 137]

Texherts, your signature timeline threw me off. Your girlfriend met your parents in 09/03/2007? But we just barely started April.

[kisschick1976 0]

Yes it is true. The judge told me when I got my divorce and it is stated in my divorce papers. As far as I know it is a state wide law but you never know, the time frame may vary from county to county. I live in Nueces County and the 'Cooling Off' period is 90 days unless you choose to remarry your ex, you can do that right away.

and as far as the visa is concerned, as long as she is free to marry by the time you get married it shouldn't be a problem. I mean, 90 days is 3 months, I don't know what the k-1 timeframes are like for UK but are you really going to be getting a visa, fly in to the US and marry before her 90 day divorce cooling off peroid is up? Just to be 100% safe I guess I would just wait out the 90 days before filing. Even mailing out the application on the 90th day.

Edited April 6, 2007 by kisschick1976

[Minya's wife 25]

and as far as the visa is concerned, as long as she is free to marry by the time you get married it shouldn't be a problem. I mean, 90 days is 3 months, I don't know what the k-1 timeframes are like for UK but are you really going to be getting a visa, fly in to the US and marry before her 90 day divorce cooling off peroid is up? Just to be 100% safe I guess I would just wait out the 90 days before filing. Even mailing out the application on the 90th day.

Actually, the I-129f petition states that you must be free to marry, when you file, under the "Who may file?" section. I understand this to mean that you have to be single/divorced when you send off your application to USCIS, i.e. not be in the process of getting divorced. You have to send proof of final divorce decrees, if applicable, with your petition.

Now the waiting to re-marry...it is 30 days....I doubt a K-1 petition will be approved, sent to UK, interview and visa-in-hand...before that 30 days is up, so the OP should be fine in that respect.

[Turboguy 6]

One comment that came out in the other thread was that just because the law in your state says you must wait x days after the divorce is final other states may not have that law. Nevada could be one that does not. So if you are totally divorced and you would be free to marry if you went to Nevada (as an example) you could be considered free to marry.

[pushbrk 13,632]

One comment that came out in the other thread was that just because the law in your state says you must wait x days after the divorce is final other states may not have that law. Nevada could be one that does not. So if you are totally divorced and you would be free to marry if you went to Nevada (as an example) you could be considered free to marry.

I'm the one who said that in the other thread and I'm confident it applies for Texas but not for the State the other poster lives. That state's law says the State won't recognize a marriage performed anywhere if it happens within the period they state. Even so, since both couples will be waiting through the visa process and then have six months to enter the USA and 90 days after that to marry, both are technically "free to marry" as soon as their divorces are final and will have ample opportunity and time to marry legally after US entry.

I'm not a lawyer, just a lay interpreter of law.

[kisschick1976 0]

and as far as the visa is concerned, as long as she is free to marry by the time you get married it shouldn't be a problem. I mean, 90 days is 3 months, I don't know what the k-1 timeframes are like for UK but are you really going to be getting a visa, fly in to the US and marry before her 90 day divorce cooling off peroid is up? Just to be 100% safe I guess I would just wait out the 90 days before filing. Even mailing out the application on the 90th day.

Actually, the I-129f petition states that you must be free to marry, when you file, under the "Who may file?" section. I understand this to mean that you have to be single/divorced when you send off your application to USCIS, i.e. not be in the process of getting divorced. You have to send proof of final divorce decrees, if applicable, with your petition.

Now the waiting to re-marry...it is 30 days....I doubt a K-1 petition will be approved, sent to UK, interview and visa-in-hand...before that 30 days is up, so the OP should be fine in that respect.

well yeah, when you are divorced you are divorced no grey area there. the day you get a divorce you get a final divorce decree no grey area there either, right? so the point I was trying to make is, the day you get your divorce decree in Texas begins the 90 day cool off period where you cannot remarry anyone else other than your ex. 90 days beginning from the day you get your divorce decree. By the time the k-1 application even gets sent off to the embassy, that 90 days would be already up in most cases. This is the grey area. Before that 90 days is over, technicly no you are not free to marry THAT DAY. By the time USCIS gets the paperwork and works on it, the 90 days could be up and THAT DAY you would be free to marry. You see what I'm getting at now? yeah, welcome to Texas

We thought about this because we had thought for a moment to get married in March after I filed for divorce last October. well my ex sat on it so long we didn't think the 90 day period would be over in time so we decided on a visit instead but to get married in the fall. That was when my ex decided to be human and send me the papers.

[pushbrk 13,632]

When your divorce is final, you are free to marry in Nevada and many other states, (or another country) regardless of your local TX County's waiting period. So when your divorce is final YOU ARE FREE TO MARRY.

and as far as the visa is concerned, as long as she is free to marry by the time you get married it shouldn't be a problem. I mean, 90 days is 3 months, I don't know what the k-1 timeframes are like for UK but are you really going to be getting a visa, fly in to the US and marry before her 90 day divorce cooling off peroid is up? Just to be 100% safe I guess I would just wait out the 90 days before filing. Even mailing out the application on the 90th day.

Actually, the I-129f petition states that you must be free to marry, when you file, under the "Who may file?" section. I understand this to mean that you have to be single/divorced when you send off your application to USCIS, i.e. not be in the process of getting divorced. You have to send proof of final divorce decrees, if applicable, with your petition.

Now the waiting to re-marry...it is 30 days....I doubt a K-1 petition will be approved, sent to UK, interview and visa-in-hand...before that 30 days is up, so the OP should be fine in that respect.

well yeah, when you are divorced you are divorced no grey area there. the day you get a divorce you get a final divorce decree no grey area there either, right? so the point I was trying to make is, the day you get your divorce decree in Texas begins the 90 day cool off period where you cannot remarry anyone else other than your ex. 90 days beginning from the day you get your divorce decree. By the time the k-1 application even gets sent off to the embassy, that 90 days would be already up in most cases. This is the grey area. Before that 90 days is over, technicly no you are not free to marry THAT DAY. By the time USCIS gets the paperwork and works on it, the 90 days could be up and THAT DAY you would be free to marry. You see what I'm getting at now? yeah, welcome to Texas

We thought about this because we had thought for a moment to get married in March after I filed for divorce last October. well my ex sat on it so long we didn't think the 90 day period would be over in time so we decided on a visit instead but to get married in the fall. That was when my ex decided to be human and send me the papers.

[etripke 0]

Yes it is true. The judge told me when I got my divorce and it is stated in my divorce papers. As far as I know it is a state wide law but you never know, the time frame may vary from county to county. I live in Nueces County and the 'Cooling Off' period is 90 days unless you choose to remarry your ex, you can do that right away.

and as far as the visa is concerned, as long as she is free to marry by the time you get married it shouldn't be a problem. I mean, 90 days is 3 months, I don't know what the k-1 timeframes are like for UK but are you really going to be getting a visa, fly in to the US and marry before her 90 day divorce cooling off peroid is up? Just to be 100% safe I guess I would just wait out the 90 days before filing. Even mailing out the application on the 90th day.

As FWAGUY has just posted this has been discussed within the past week. You cannot file the petition unless you are legally free to marry. If your state or whatever requires a mandatory wait after the divorce is granted, you have to wait until that period has expired. You are best to check your appropriate State Statute or consult with an attorney. Some states will not recognize a marriage performed anywhere if it is within the wait period.

[mybackpages 0]

You only need to be free to marry not free to marry in your state. States can set any kind of rule they want to determine who can marry. it doe snot mean you are not free to marry. It only means you are not free to marry in your state. You can marry anywhere else that doe snto have this restrict.

[Turboguy 6]

I agree with BackPages. If you are free to marry anywhere you are free to marry. You also would not HAVE to live in Texas. If honoring the divorce was in issue you could hypothetically move to another state. Remember these aps are being looked at by a lot of governement empolyees that are basically clerks. All they are going to care about is that you are divorced. Perhaps if it is stamped in big black print that any file clerk would see that said. May not ReMarry until 7/1/2007 I would worry and wait otherwise send it off.

[etripke 0]

I agree with BackPages. If you are free to marry anywhere you are free to marry. You also would not HAVE to live in Texas. If honoring the divorce was in issue you could hypothetically move to another state. Remember these aps are being looked at by a lot of governement empolyees that are basically clerks. All they are going to care about is that you are divorced. Perhaps if it is stamped in big black print that any file clerk would see that said. May not ReMarry until 7/1/2007 I would worry and wait otherwise send it off.

As I have posted before, and I promise this will be the final post on this thread, it depends on the state. I suppose if like in my case, I was to move from Wisconsin to another state and establish residence there, that I could have gotten around the 6 month wait as required by Wisconsin law. Wisconsin is pretty specific in that they will not recognize any marriage, performed anywhere in the world, that is performed within the 6 month period after the divorce is granted. The point is that you must be legally free to marry at the time the petition is filed. In my case I can not marry (as long as I am a Wisconsin resident) for the six months.

True, the adjuducators are probably not in tune with every state's law in this regard. But as Huskerkiev said they do have access to the internet, they could dig if they had time or wanted to, and the Embassy or Consulate could also create problems. I WISH the law was different here, but it isn't, and it has been a LONG wait for us. I also have a career here, and moving was not an option, otherwise I'd try to head east towards Vermont to get the faster processing.

Just my 2 cents, if you think you can file then by all means do it.