divorcee case

[angel0482 0]

I have a friend and her boyfriend is still on a pending case on his divorce. Until it's still is pending. He promised my friend he would start filing by August. Would that be possible?

Is there any law on that? I mean does the court allows a person who just got approved on his divorce and at the same year he would be able to petition her fiance? I'm just kind of confuse and worried because I don't want my friend to expect any further from his assurance.

Please advise. Thank you!

[RosemarieL 0]

I think it depends on the state he lives in. Some states allow remarriage as soon as the divorce absolute comes through but others require a gap between the final divorce and a remarriage.

[jom 4]

I have a friend and her boyfriend is still on a pending case on his divorce. Until it's still is pending. He promised my friend he would start filing by August. Would that be possible?

Is there any law on that? I mean does the court allows a person who just got approved on his divorce and at the same year he would be able to petition her fiance? I'm just kind of confuse and worried because I don't want my friend to expect any further from his assurance.

Please advise. Thank you!

Yes true, in some states there is a period of time, usually 6 months from the finality of the divorce decree before the divorcee can remarry. . . the question now is if the divorce of your friend's man is already final so if yes, i believe he can already file because in a way the process of getting a K1 visa is always like more than 6 months. . . the petition requires that he must be divorced and has the capacity to remarry. . .when you say pending, are you saying his divorce is not final yet? if not final yet then he cant file the K1 yet. Hope this helps.

Joe and Myla

[RosemarieL 0]

I think you have to be free to marry in your state at the time you actually file for the K1 rather than when the K1 is approved.

[*Maureen* 0]

I agree with everybody here, i suppose if you are caught in that waiting period, you can check into the closest states around you and see if it would be to your benefit if there is not a waiting a period to get married.

[wissooner 0]

Yes, you have to be free to marry before you can file. If the final divorce decree states a waiting period to remarry then the petioner is not free to marry and must wait out that period before he/she can file the I-129f. In my case, I had to wait 6 months after my divorce was final to file my I-129f...

And I don't think you can circumvent this requirement by going to another state...

Edited July 17, 2007 by wissooner

[angel0482 0]

Yes, you have to be free to marry before you can file. If the final divorce decree states a waiting period to remarry then the petioner is not free to marry and must wait out that period before he/she can file the I-129f. In my case, I had to wait 6 months after my divorce was final to file my I-129f...

And I don't think you can circumvent this requirement by going to another state...

Well, he's from the state of California. I think San Francisco. I hope he would be able to petition him as what he'd been promising her. I justw ant my friend ot be happy. That's all.

Thank you guys for your help. I gladly appreciate it.