Divorce q./Immigration reform, any new options for us?/etc.

[dreamscometrue 0]

I need to know if I have to wait to apply until my waiting period for remarriage is fulfilled. It is 6 months in my state. I was divorced in Feb so that will be August. I was separated when we met.

Are there any new options for immigration with the new laws/reform?

[Dan J 277]

As long as your divorice is final (Have the divorice decree), you can apply for a K-1. You may not be able to actually get married in your state until the waiting period is past, but the waiting period is not something that all states have. By the time you actually get the K-1 visa, your wiating period will likely be over.

No, none of its a new law yet. The changes are still going through the congressional process. But it mainly deals with a new working type visa, and removal of certain types of family based immigration options. As far as I know, it doesnt affect any of the K visas.

[no name 1]

asked & answered here:

http://www.visajourney.com/forums/index.ph...71225&st=15

[pushbrk 13,099]

I need to know if I have to wait to apply until my waiting period for remarriage is fulfilled. It is 6 months in my state. I was divorced in Feb so that will be August. I was separated when we met.

Are there any new options for immigration with the new laws/reform?

You must include whatever your State considers a "final decree" for your divorce that assures your marriage is over and you must be legally able to marry in the place the marriage is intended to occur. The marriage need not be intended in the State where the divorce was obtained.

Simply turning in the signed papers agreeing to a divorce isn't enough. I think some States, like WI, will not recognized a marriage performed anywhere if it is within their prescribed waiting period but this is not really a factor when the K1 process takes several months anyway.

USCIS knows what to expect to see from every State. Make sure that's what you have.

[etripke 0]

I need to know if I have to wait to apply until my waiting period for remarriage is fulfilled. It is 6 months in my state. I was divorced in Feb so that will be August. I was separated when we met.

Are there any new options for immigration with the new laws/reform?

I would be VERY cautious with this. The Foreign Affairs Manual is pretty clear on what they must do in the event they discover you were not legally able to marry "at the time the petition was filed". If your state allows you to marry outside of your state, and will recognize that marriage even if you are married within the 6 month waiting period, then you should be ok. I would follow what ever your appropriate laws are because you will no doubt face additional scrutiny due to your Fiance's country of origin.