Legally allowed to get married

[Wongis 0]

Hi, My partners divorce finally went through in may after going in for nearly a year. The problem is that she got married and divorced in wisconsin were you are not allowed to re marry within 6months.

we were planing on getting married in December/January which is well past the 6month minimum. My question is that is it possible to begin the K1 process now since at the time of me moving over the 6 months will have passed.

 

many thanks

 

 

[NigeriaorBust 4,087]

 You have to be both legally able to marry at the time the K1 is submitted.  It sounds like your partner isn't able to marry yet

[f f 725]

nope, you need to be able to marry the day they get you application. if you try to submit it sooner they will deny you application and there is no appeal since you did not meet the requirements. best to wait and get all of the paperwork ready.

[Georgia16 2,858]

When you send in the I-129F you also have to give a statement that are signed saying that you are willing and free to marry, and since your fiancé can't do that before her 6 months is up then you guys can't send it in before the date is up. 

 

So you can send in the I-129F package after that date or marriage after that date and send in a CR-1 (Spouse visa) that way you can still get married the date you guys wanted.