When am I free to remarry?

[Grid 0]

My wife and I have signed a divorce agreement that will be signed by the judge next month (that was a part of the agreement). As I understand it, the judge will, at that time, sign a final decree of divorce. But here's the wrinkle, the Illinois statue (See below) states that... "either of the parties may remarry pending appeal." All appeals must be filed with 30 days from the date that the divorce decree is issued. My question is, what does this mean regarding the date that my divorce is final as far as the K1 process is concerned? Thank you for your help.

(750 ILCS 5/413) (from Ch. 40, par. 413)

Sec. 413. Judgment.) (a) A judgment of dissolution of marriage or of legal separation or of declaration of invalidity of marriage is final when entered, subject to the right of appeal. An appeal from the judgment of dissolution of marriage that does not challenge the finding as to grounds does not delay the finality of that provision of the judgment which dissolves the marriage, beyond the time for appealing from that provision, and either of the parties may remarry pending appeal. An order directing payment of money for support or maintenance of the spouse or the minor child or children shall not be suspended or the enforcement thereof stayed pending the appeal.

[mox 298]

IANAL, but the way it reads to me is that the date your divorce is final is the day the judge signs the final decree.

[rebeccajo 14]

My wife and I have signed a divorce agreement that will be signed by the judge next month (that was a part of the agreement). As I understand it, the judge will, at that time, sign a final decree of divorce. But here's the wrinkle, the Illinois statue (See below) states that... "either of the parties may remarry pending appeal." All appeals must be filed with 30 days from the date that the divorce decree is issued. My question is, what does this mean regarding the date that my divorce is final as far as the K1 process is concerned? Thank you for your help.

(750 ILCS 5/413) (from Ch. 40, par. 413)

Sec. 413. Judgment.) (a) A judgment of dissolution of marriage or of legal separation or of declaration of invalidity of marriage is final when entered, subject to the right of appeal. An appeal from the judgment of dissolution of marriage that does not challenge the finding as to grounds does not delay the finality of that provision of the judgment which dissolves the marriage, beyond the time for appealing from that provision, and either of the parties may remarry pending appeal. An order directing payment of money for support or maintenance of the spouse or the minor child or children shall not be suspended or the enforcement thereof stayed pending the appeal.

Did you have a divorce lawyer? Ask him or her. The code cite reads pretty simple to me - but I always go to my boss and make him confirm what I have just read.

Edited September 13, 2007 by rebeccajo

[Grid 0]

IANAL, but the way it reads to me is that the date your divorce is final is the day the judge signs the final decree.

Thanks for your comment. You say the statute reads simple, could you indicate in which direction that your reading points ie., towards free to marry with the judge's signing of the final decree, or towards free to marry after the 30 day period in which appeals can be filed? Thanks

[mox 298]

IANAL, but the way it reads to me is that the date your divorce is final is the day the judge signs the final decree.

Thanks for your comment. You say the statute reads simple, could you indicate in which direction that your reading points ie., towards free to marry with the judge's signing of the final decree, or towards free to marry after the 30 day period in which appeals can be filed? Thanks

Well I didn't say it reads simple.

The statute says

A judgment of dissolution of marriage or of legal separation or of declaration of invalidity of marriage is final when entered subject to the right of appeal.

So it seems to me that unless your soon-to-be ex-wife is going to appeal the validity of the divorce, the judgement is final.

Again, I'm not a lawyer. But I really doubt that Illinois state law is going to be radically different from most other states. Every state (AFAIK) allows an appeal. But all you need for the USCIS is the final decree with the judge's signature. That's all they care about. Unless your ex-wife is planning on making trouble, I wouldn't worry about it.

[pushbrk 12,243]

IANAL, but the way it reads to me is that the date your divorce is final is the day the judge signs the final decree.

Thanks for your comment. You say the statute reads simple, could you indicate in which direction that your reading points ie., towards free to marry with the judge's signing of the final decree, or towards free to marry after the 30 day period in which appeals can be filed? Thanks

Well I didn't say it reads simple.

The statute says

A judgment of dissolution of marriage or of legal separation or of declaration of invalidity of marriage is final when entered subject to the right of appeal.

So it seems to me that unless your soon-to-be ex-wife is going to appeal the validity of the divorce, the judgement is final.

Again, I'm not a lawyer. But I really doubt that Illinois state law is going to be radically different from most other states. Every state (AFAIK) allows an appeal. But all you need for the USCIS is the final decree with the judge's signature. That's all they care about. Unless your ex-wife is planning on making trouble, I wouldn't worry about it.

You're going to need a certified copy of your divorce decree to include with your I-129F filing. So, I would say when the court allows you to have that in your hot little hand, your free enough to marry, to file the petition. I find the "and either of the parties may remarry pending appeal" clause to be the most telling in the citation you gave but I'm not an attorney.

One caution would be that there is often some additional scrutiny of bona fides, when people meet and become engaged, while one or both is still married. I'd make sure you visit again after you are divorced and then document your relationship very well, if you intend to file the petition as quickly as you possibly can after the divorce is final.

Edited September 13, 2007 by pushbrk

[Grid 0]

IANAL, but the way it reads to me is that the date your divorce is final is the day the judge signs the final decree.

Thanks for your comment. You say the statute reads simple, could you indicate in which direction that your reading points ie., towards free to marry with the judge's signing of the final decree, or towards free to marry after the 30 day period in which appeals can be filed? Thanks

Well I didn't say it reads simple.

The statute says

A judgment of dissolution of marriage or of legal separation or of declaration of invalidity of marriage is final when entered subject to the right of appeal.

So it seems to me that unless your soon-to-be ex-wife is going to appeal the validity of the divorce, the judgement is final.

Again, I'm not a lawyer. But I really doubt that Illinois state law is going to be radically different from most other states. Every state (AFAIK) allows an appeal. But all you need for the USCIS is the final decree with the judge's signature. That's all they care about. Unless your ex-wife is planning on making trouble, I wouldn't worry about it.

You're going to need a certified copy of your divorce decree to include with your I-129F filing. So, I would say when the court allows you to have that in your hot little hand, your free enough to marry, to file the petition. I find the "and either of the parties may remarry pending appeal" clause to be the most telling in the citation you gave but I'm not an attorney.

One caution would be that there is often some additional scrutiny of bona fides, when people meet and become engaged, while one or both is still married. I'd make sure you visit again after you are divorced and then document your relationship very well, if you intend to file the petition as quickly as you possibly can after the divorce is final.

pushbrk,

Thanks for your comment. I have had a 3yr relationship with my soon-to-be fiance and I will have been separated from my wife for 13 months when the final decree is signed. Over the the past 2 of these 3 years I have spent 3 month with her in Ukraine and vacationing in Europe. Why do you think that the quick turn around between divorce and filing the petition would attract extra scrutiny. Does this scenario smell of a fraud of some kind? If so, what would be the nature of the fraud. Could there be other issues here that would attract scrutiny? Thank you for your suggestion of making a trip to see her shortly after the divorce.

[pj1959us 0]

I was divorced in Illinois in January 2004 and submitted the I-129F in February 2004.

The cite merely states that there can be an appeal within 30 days but the divorce is considered final the minute it is signed by the judge. As a matter of fact, I know someone that was divorced in the morning and remarried that afternoon in another judge's chambers next door.

PJ

[Rob & Jin 0]

My wife and I have signed a divorce agreement that will be signed by the judge next month (that was a part of the agreement). As I understand it, the judge will, at that time, sign a final decree of divorce. But here's the wrinkle, the Illinois statue (See below) states that... "either of the parties may remarry pending appeal." All appeals must be filed with 30 days from the date that the divorce decree is issued. My question is, what does this mean regarding the date that my divorce is final as far as the K1 process is concerned? Thank you for your help.

(750 ILCS 5/413) (from Ch. 40, par. 413)

Sec. 413. Judgment.) (a) A judgment of dissolution of marriage or of legal separation or of declaration of invalidity of marriage is final when entered, subject to the right of appeal. An appeal from the judgment of dissolution of marriage that does not challenge the finding as to grounds does not delay the finality of that provision of the judgment which dissolves the marriage, beyond the time for appealing from that provision, and either of the parties may remarry pending appeal. An order directing payment of money for support or maintenance of the spouse or the minor child or children shall not be suspended or the enforcement thereof stayed pending the appeal.

You need the final decree, as you have to include it in your petition, its that simple

[Rob & Jin 0]

IANAL, but the way it reads to me is that the date your divorce is final is the day the judge signs the final decree.

Thanks for your comment. You say the statute reads simple, could you indicate in which direction that your reading points ie., towards free to marry with the judge's signing of the final decree, or towards free to marry after the 30 day period in which appeals can be filed? Thanks

Well I didn't say it reads simple.

The statute says

A judgment of dissolution of marriage or of legal separation or of declaration of invalidity of marriage is final when entered subject to the right of appeal.

So it seems to me that unless your soon-to-be ex-wife is going to appeal the validity of the divorce, the judgement is final.

Again, I'm not a lawyer. But I really doubt that Illinois state law is going to be radically different from most other states. Every state (AFAIK) allows an appeal. But all you need for the USCIS is the final decree with the judge's signature. That's all they care about. Unless your ex-wife is planning on making trouble, I wouldn't worry about it.

You're going to need a certified copy of your divorce decree to include with your I-129F filing. So, I would say when the court allows you to have that in your hot little hand, your free enough to marry, to file the petition. I find the "and either of the parties may remarry pending appeal" clause to be the most telling in the citation you gave but I'm not an attorney.

One caution would be that there is often some additional scrutiny of bona fides, when people meet and become engaged, while one or both is still married. I'd make sure you visit again after you are divorced and then document your relationship very well, if you intend to file the petition as quickly as you possibly can after the divorce is final.

Nope you dont need a certified copy for the petition, read the instructions on filling, just a copy is fine, original for interview is a good idea, in your " kitchen sink". I agree you need to visit again they tend to look a little closer at these kind of cases , visit, save emails, record web cam , save phone and messaging conversations. You may not get asked at interview/ you may, remember hope for the best prepare for a overcome, hope that helps

Edited September 13, 2007 by Rob & Jin

[Grid 0]

IANAL, but the way it reads to me is that the date your divorce is final is the day the judge signs the final decree.

Thanks for your comment. You say the statute reads simple, could you indicate in which direction that your reading points ie., towards free to marry with the judge's signing of the final decree, or towards free to marry after the 30 day period in which appeals can be filed? Thanks

Well I didn't say it reads simple.

The statute says

A judgment of dissolution of marriage or of legal separation or of declaration of invalidity of marriage is final when entered subject to the right of appeal.

So it seems to me that unless your soon-to-be ex-wife is going to appeal the validity of the divorce, the judgement is final.

Again, I'm not a lawyer. But I really doubt that Illinois state law is going to be radically different from most other states. Every state (AFAIK) allows an appeal. But all you need for the USCIS is the final decree with the judge's signature. That's all they care about. Unless your ex-wife is planning on making trouble, I wouldn't worry about it.

You're going to need a certified copy of your divorce decree to include with your I-129F filing. So, I would say when the court allows you to have that in your hot little hand, your free enough to marry, to file the petition. I find the "and either of the parties may remarry pending appeal" clause to be the most telling in the citation you gave but I'm not an attorney.

One caution would be that there is often some additional scrutiny of bona fides, when people meet and become engaged, while one or both is still married. I'd make sure you visit again after you are divorced and then document your relationship very well, if you intend to file the petition as quickly as you possibly can after the divorce is final.

Nope you dont need a certified copy for the petition, read the instructions on filling, just a copy is fine, original for interview is a good idea, in your " kitchen sink". I agree you need to visit again they tend to look a little closer at these kind of cases , visit, save emails, record web cam , save phone and messaging conversations. You may not get ask at interview/ you may, remember hope for the best prepare for a overcome, hope that helps

Are you thinking that I need to visit again before I file the petition or before the interview at the embassy? Thanks

[Rob & Jin 0]

IANAL, but the way it reads to me is that the date your divorce is final is the day the judge signs the final decree.

Thanks for your comment. You say the statute reads simple, could you indicate in which direction that your reading points ie., towards free to marry with the judge's signing of the final decree, or towards free to marry after the 30 day period in which appeals can be filed? Thanks

Well I didn't say it reads simple.

The statute says

A judgment of dissolution of marriage or of legal separation or of declaration of invalidity of marriage is final when entered subject to the right of appeal.

So it seems to me that unless your soon-to-be ex-wife is going to appeal the validity of the divorce, the judgement is final.

As long as you meet within the last 2 years for petition thats fine, For interview you need to show ongoing relatioship, so i would suggest yes visit again at least once

Again, I'm not a lawyer. But I really doubt that Illinois state law is going to be radically different from most other states. Every state (AFAIK) allows an appeal. But all you need for the USCIS is the final decree with the judge's signature. That's all they care about. Unless your ex-wife is planning on making trouble, I wouldn't worry about it.

You're going to need a certified copy of your divorce decree to include with your I-129F filing. So, I would say when the court allows you to have that in your hot little hand, your free enough to marry, to file the petition. I find the "and either of the parties may remarry pending appeal" clause to be the most telling in the citation you gave but I'm not an attorney.

One caution would be that there is often some additional scrutiny of bona fides, when people meet and become engaged, while one or both is still married. I'd make sure you visit again after you are divorced and then document your relationship very well, if you intend to file the petition as quickly as you possibly can after the divorce is final.

Nope you dont need a certified copy for the petition, read the instructions on filling, just a copy is fine, original for interview is a good idea, in your " kitchen sink". I agree you need to visit again they tend to look a little closer at these kind of cases , visit, save emails, record web cam , save phone and messaging conversations. You may not get ask at interview/ you may, remember hope for the best prepare for a overcome, hope that helps

Are you thinking that I need to visit again before I file the petition or before the interview at the embassy? Thanks

[pushbrk 12,243]

IANAL, but the way it reads to me is that the date your divorce is final is the day the judge signs the final decree.

Thanks for your comment. You say the statute reads simple, could you indicate in which direction that your reading points ie., towards free to marry with the judge's signing of the final decree, or towards free to marry after the 30 day period in which appeals can be filed? Thanks

Well I didn't say it reads simple.

The statute says

A judgment of dissolution of marriage or of legal separation or of declaration of invalidity of marriage is final when entered subject to the right of appeal.

So it seems to me that unless your soon-to-be ex-wife is going to appeal the validity of the divorce, the judgement is final.

Again, I'm not a lawyer. But I really doubt that Illinois state law is going to be radically different from most other states. Every state (AFAIK) allows an appeal. But all you need for the USCIS is the final decree with the judge's signature. That's all they care about. Unless your ex-wife is planning on making trouble, I wouldn't worry about it.

You're going to need a certified copy of your divorce decree to include with your I-129F filing. So, I would say when the court allows you to have that in your hot little hand, your free enough to marry, to file the petition. I find the "and either of the parties may remarry pending appeal" clause to be the most telling in the citation you gave but I'm not an attorney.

One caution would be that there is often some additional scrutiny of bona fides, when people meet and become engaged, while one or both is still married. I'd make sure you visit again after you are divorced and then document your relationship very well, if you intend to file the petition as quickly as you possibly can after the divorce is final.

Nope you dont need a certified copy for the petition, read the instructions on filling, just a copy is fine, original for interview is a good idea, in your " kitchen sink". I agree you need to visit again they tend to look a little closer at these kind of cases , visit, save emails, record web cam , save phone and messaging conversations. You may not get asked at interview/ you may, remember hope for the best prepare for a overcome, hope that helps

Of course you can submit a photocopy. It should be a photocopy of an official document with a judge's signature and court seal. If that can be done without including the property settlement and all other portions of the divorce papers, fine. Usually, a "certified copy" of a divorce decree is a one page document containing only the needed vital statistics. In whatever official form you have that with seal and signature, include a photocopy of it with the petition.

[pushbrk 12,243]

IANAL, but the way it reads to me is that the date your divorce is final is the day the judge signs the final decree.

Thanks for your comment. You say the statute reads simple, could you indicate in which direction that your reading points ie., towards free to marry with the judge's signing of the final decree, or towards free to marry after the 30 day period in which appeals can be filed? Thanks

Well I didn't say it reads simple.

The statute says

A judgment of dissolution of marriage or of legal separation or of declaration of invalidity of marriage is final when entered subject to the right of appeal.

So it seems to me that unless your soon-to-be ex-wife is going to appeal the validity of the divorce, the judgement is final.

Again, I'm not a lawyer. But I really doubt that Illinois state law is going to be radically different from most other states. Every state (AFAIK) allows an appeal. But all you need for the USCIS is the final decree with the judge's signature. That's all they care about. Unless your ex-wife is planning on making trouble, I wouldn't worry about it.

You're going to need a certified copy of your divorce decree to include with your I-129F filing. So, I would say when the court allows you to have that in your hot little hand, your free enough to marry, to file the petition. I find the "and either of the parties may remarry pending appeal" clause to be the most telling in the citation you gave but I'm not an attorney.

One caution would be that there is often some additional scrutiny of bona fides, when people meet and become engaged, while one or both is still married. I'd make sure you visit again after you are divorced and then document your relationship very well, if you intend to file the petition as quickly as you possibly can after the divorce is final.

pushbrk,

Thanks for your comment. I have had a 3yr relationship with my soon-to-be fiance and I will have been separated from my wife for 13 months when the final decree is signed. Over the the past 2 of these 3 years I have spent 3 month with her in Ukraine and vacationing in Europe. Why do you think that the quick turn around between divorce and filing the petition would attract extra scrutiny. Does this scenario smell of a fraud of some kind? If so, what would be the nature of the fraud. Could there be other issues here that would attract scrutiny? Thank you for your suggestion of making a trip to see her shortly after the divorce.

The quick filing after divorce fits an element of the general fraud profile of a relationship entered into to secure an immigration benefit. In this scenario, "marriage" is a technical matter to dispose of, enter into, and then dispose of again. The additional element you just disclosed is that your relationship with the "fiancee" began while you and your wife were still living together. This fortifies the fraud concern by adding the possibility your "wife" is in on the fraud. Often the petitioner will be asked to show evidence he and the former spouse have separate domiciles. They may ask for her SSN and actual evidence she has a utility bill in her name at a different address or more.

It's not the Consular officer's job to moralize as to you starting your relationship with your fiancee while still married and I'm not doing that either. It IS their job to ferret out fraud and deal with it appropriately. So, it is best to be aware and prepared to potentially need to meet a higher standard of evidence with regard to your bona fides.

[Rob & Jin 0]

IANAL, but the way it reads to me is that the date your divorce is final is the day the judge signs the final decree.

Thanks for your comment. You say the statute reads simple, could you indicate in which direction that your reading points ie., towards free to marry with the judge's signing of the final decree, or towards free to marry after the 30 day period in which appeals can be filed? Thanks

Well I didn't say it reads simple.

The statute says

A judgment of dissolution of marriage or of legal separation or of declaration of invalidity of marriage is final when entered subject to the right of appeal.

So it seems to me that unless your soon-to-be ex-wife is going to appeal the validity of the divorce, the judgement is final.

This is true, certainly for China (Guz) now, I dont know about other consulates,

Again, I'm not a lawyer. But I really doubt that Illinois state law is going to be radically different from most other states. Every state (AFAIK) allows an appeal. But all you need for the USCIS is the final decree with the judge's signature. That's all they care about. Unless your ex-wife is planning on making trouble, I wouldn't worry about it.

You're going to need a certified copy of your divorce decree to include with your I-129F filing. So, I would say when the court allows you to have that in your hot little hand, your free enough to marry, to file the petition. I find the "and either of the parties may remarry pending appeal" clause to be the most telling in the citation you gave but I'm not an attorney.

One caution would be that there is often some additional scrutiny of bona fides, when people meet and become engaged, while one or both is still married. I'd make sure you visit again after you are divorced and then document your relationship very well, if you intend to file the petition as quickly as you possibly can after the divorce is final.

pushbrk,

Thanks for your comment. I have had a 3yr relationship with my soon-to-be fiance and I will have been separated from my wife for 13 months when the final decree is signed. Over the the past 2 of these 3 years I have spent 3 month with her in Ukraine and vacationing in Europe. Why do you think that the quick turn around between divorce and filing the petition would attract extra scrutiny. Does this scenario smell of a fraud of some kind? If so, what would be the nature of the fraud. Could there be other issues here that would attract scrutiny? Thank you for your suggestion of making a trip to see her shortly after the divorce.

The quick filing after divorce fits an element of the general fraud profile of a relationship entered into to secure an immigration benefit. In this scenario, "marriage" is a technical matter to dispose of, enter into, and then dispose of again. The additional element you just disclosed is that your relationship with the "fiancee" began while you and your wife were still living together. This fortifies the fraud concern by adding the possibility your "wife" is in on the fraud. Often the petitioner will be asked to show evidence he and the former spouse have separate domiciles. They may ask for her SSN and actual evidence she has a utility bill in her name at a different address or more.

It's not the Consular officer's job to moralize as to you starting your relationship with your fiancee while still married and I'm not doing that either. It IS their job to ferret out fraud and deal with it appropriately. So, it is best to be aware and prepared to potentially need to meet a higher standard of evidence with regard to your bona fides.

This is true, certainly for China (Guz) now, I dont know about other consulates, thats why you need the " kitchen sink"