Previous Divorce & Processing Times

[harissa 0]

I-129F, Previous Divorce & Processing Times

Hi all 😊

My fiancé and I have been together for 1.5 years. 
My ex-husband and I tried to DIY our divorce, but that was taking too long for me because I clearly want to move on with my life so I lawyered up. & now after being split for over 2 years, our divorce is finally going to be finalized in 1 week!! 

That being said, my finacé and I wanted to submit our paperwork shortly after my divorce is finalized (between 2-3 weeks after). I have a 6 month waiting period in my state before I can marry again & when I originally talked to a lawyer… he said it would be fine because approvals take time, but now I’m reading that processing times have sped up… and I don’t want to risk getting denied due to the 6 month waiting period but I also am just ready to be with my fiance and don’t want to risk the wait times increasing substantially. 

Does anyone have any advice on how to move forward? 

Thanks! 
 

Quicker question: Will our application be denied if it is processed before 6 month mark? 

Edited June 26 by harissa
Additional Info

[smilingstone 201]

Probably best to wait until your divorce is finalised and you've done the 6 month waiting period so you can provide all necessary docs for the application. Surely that is better than risking delays/rejection due to being unable to prove that you are legally free to marry. 

[Boiler 45,670]

You cant file until you are free to marry, not sure anyone would suggest a K1 in your situation.

[SalishSea 17,928]

11 hours ago, harissa said:

I-129F, Previous Divorce & Processing Times

Hi all 😊

My fiancé and I have been together for 1.5 years. 
My ex-husband and I tried to DIY our divorce, but that was taking too long for me because I clearly want to move on with my life so I lawyered up. & now after being split for over 2 years, our divorce is finally going to be finalized in 1 week!! 

That being said, my finacé and I wanted to submit our paperwork shortly after my divorce is finalized (between 2-3 weeks after). I have a 6 month waiting period in my state before I can marry again & when I originally talked to a lawyer… he said it would be fine because approvals take time, but now I’m reading that processing times have sped up… and I don’t want to risk getting denied due to the 6 month waiting period but I also am just ready to be with my fiance and don’t want to risk the wait times increasing substantially. 

Does anyone have any advice on how to move forward? 

Thanks! 
 

Quicker question: Will our application be denied if it is processed before 6 month mark? 

Any I-129F submitted before either party is legally free to marry will be denied.    I wouldn’t hire a lawyer who advised otherwise.

[ScarletWitch6x 66]

Wait until you are completely free to marry. Use the time to visit (if you can) and build your case. 

 

By submitting the K1 you are attesting to the fact that you are completely free and clear to marry. At a minimum, the petition is denied, you are out the $675 fee, and you have to explain your denial when you reapply and pay again. They could also get you for perjury if they are feeling advantageous. I have heard that reapplying for a k1 after a denial is very difficult. 

 

I'm sorry your state has that rule  I understand just wanting to be together.

[carmel34 3,639]

17 hours ago, harissa said:

My fiancé and I have been together for 1.5 years. 
My ex-husband and I tried to DIY our divorce, but that was taking too long for me because I clearly want to move on with my life so I lawyered up. & now after being split for over 2 years, our divorce is finally going to be finalized in 1 week!! 

That being said, my finacé and I wanted to submit our paperwork shortly after my divorce is finalized (between 2-3 weeks after). I have a 6 month waiting period in my state before I can marry again & when I originally talked to a lawyer… he said it would be fine because approvals take time, but now I’m reading that processing times have sped up… and I don’t want to risk getting denied due to the 6 month waiting period but I also am just ready to be with my fiance and don’t want to risk the wait times increasing substantially. 

Does anyone have any advice on how to move forward? 

If your fiancé is in Tunisia, per your profile, my advice is to slow down and spend more time together in person.  Make multiple visits to Tunisia, and document everything to send with the I-129F, or get married and file an I-130.  If you rush things, given your timeline and the difficult consulate, there will be more scrutiny of your case and a greater chance of denial.

[SalishSea 17,928]

5 hours ago, carmel34 said:

If your fiancé is in Tunisia, per your profile, my advice is to slow down and spend more time together in person.  Make multiple visits to Tunisia, and document everything to send with the I-129F, or get married and file an I-130.  If you rush things, given your timeline and the difficult consulate, there will be more scrutiny of your case and a greater chance of denial.

Excellent point.  The bar is much higher for this consulate.

[pushbrk 12,979]

Which State?  It matters.  But the bar for USCIS approval is evidence both parties are free to marry.  USCIS will know the State, and whether your divorce decree is sufficient evidence you are free to marry.  If I know the State and spend a couple minutes Googling, I can probably confirm for you.  Details matter.

[harissa 0]

On 6/27/2024 at 4:03 PM, pushbrk said:

Which State?  It matters.  But the bar for USCIS approval is evidence both parties are free to marry.  USCIS will know the State, and whether your divorce decree is sufficient evidence you are free to marry.  If I know the State and spend a couple minutes Googling, I can probably confirm for you.  Details matter.

I cannot legally marry anywhere in the world until after 6 months after my divorce. I’m wondering if I can send in the petition and 

I’ve been told a few times by lawyers and others that it’s fine to send in the petition as long as I have evidence that my divorce is dissolved (divorce decree) since the process takes awhile and I can include my circumstances in my personal statement as to why I am filing shortly after my divorce. 🤷🏻‍♀️ 

[Ontarkie 14,280]

9 minutes ago, harissa said:

I cannot legally marry anywhere in the world until after 6 months after my divorce. I’m wondering if I can send in the petition and 

I’ve been told a few times by lawyers and others that it’s fine to send in the petition as long as I have evidence that my divorce is dissolved (divorce decree) since the process takes awhile and I can include my circumstances in my personal statement as to why I am filing shortly after my divorce. 🤷🏻‍♀️ 

No you cannot. Don't hire any of those lawyers. 

 

There is a 120-day waiting period to get divorced. Once the divorce is granted, the parties cannot remarry anywhere in the world for at least six months.

https://www.wicourts.gov/formdisplay/FA-4100V_instructions.pdf?formNumber=FA-4100V&formType=Instructions&formatId=2&language=en#:~:text=There is a 120-day,reasons for wanting a divorce.

In other words the divorce is not completely final until the waiting period is over. 

Edited July 10 by Ontarkie

[pushbrk 12,979]

I will just add that "sending the petition" is not the issue.  If you didn't wait until you were free to marry, then your marriage is not valid.  Once you have a valid marriage between two people who were free to marry when they married, THAT is when you can "send the petition".

[harissa 0]

1 hour ago, Ontarkie said:

No you cannot. Don't hire any of those lawyers. 

 

There is a 120-day waiting period to get divorced. Once the divorce is granted, the parties cannot remarry anywhere in the world for at least six months.

https://www.wicourts.gov/formdisplay/FA-4100V_instructions.pdf?formNumber=FA-4100V&formType=Instructions&formatId=2&language=en#:~:text=There is a 120-day,reasons for wanting a divorce.

In other words the divorce is not completely final until the waiting period is over. 

I’m sorry, I’m not sure what you are answering? The 120 day waiting period refers to when you file the initial paperwork for divorce. After 120 days, you will get a date for your final hearing. At the final hearing, the court grants you a divorce. My divorce is finalized. However, there is a 6 month waiting period to remarry after divorce is finalized. Each state has different rules. However, that wasn’t my question. 
 

Here’s my question reworded: do I have to wait to start the process of a K-1 visa? The short answer that I found is no.

 

thanks for your input! 

[harissa 0]

Ananda Legal, APC on YouTube was able to answer my question.

YouTube Short title “K-1 Petition After Divorce”

 

Hope this helps someone who has also been in my position.

 

thanks to everyone who responded!

[SalishSea 17,928]

great!   Good luck.   Please let us know how it goes.

2 hours ago, harissa said:

 

Edited July 10 by SalishSea