frody

Thank you for your advice. I guess for the rest of the things its better to re married. If the annullament of the first marriage is done, means I was all this time illegal in the country?it will be an issue in front of innmigration?

you ask why we married? a bad advice of a lawyer.

we are in love and we tought that was the way he can be responsable in front of a health issues and decisions.

We really didnt know about that I can leave a will nominating anyone . Honestly we try to do everything soooooo legal that we pay and pay lawyers ...maybe if we just dont do nothing could be better that all the sudden burden we are passing thru.

I m not happy with my lawyer and I think she really give Us a bad advise. I decided to hire another lawyer.Do you think if we cancel the AOS and get a new AOS form filled by the new lawyer will be a problem?

I already pay the second lawyer should we ask for a reimbursement from the first one?

Hello again:

Here we go.

I think my lawyer is trying to put words in my mouth I didnt say. In other words:The lawyer is trying to cover her back. SHe didnt know about the 6 month waiting period and now, because of that, we fill the application for AOS before we got the actual right to do so.

Seems my wedding date is not the marriage one. We are facing a potential NOID and deportation.

The problem is arised at the USCIS interview and she didnt even know my marriage became valid 6 month after the divorce is done.

I confront her with the evidence and she is acepting she make a mistake only because she tough our marriage was valid in the other state.

Doesnt she has to read the divorce decree BEFORE make us married and suggest to apply for a AOS?

Now Im paying other lawyer, and I has to go for the same process. He suggest to abandon the first application and apply again explaining the situation.

She said she is not returning any money because she make all her work.

I called the lawyers bar association and they are willing to help.

Any suggestions?

thats the funny part ..I try to call the county clerk and they told me Im not married and I has to have a marriage license and remarry Ploof!

No ...technically we are married. you can not marry someone that its already married. I already ask that question to the second lawyer.

Well this is the result of our conversation with the lawyer: "you has been poor assessed right to the beginning.'

The date of the wedding is not the date of the marriage. Legally we are married 6 month and one day after the date of his divorce decree.

So when he fill the forms for my AOS he dont have the "right" to fill the AOS because the marriage wasnt legal on wisconsin.

Inmigration laws cant override the state laws.

The advise of the new lawyer was: even if the inmigration saw that is a real marriage and now you are legal married under wisconsin laws better drop the aplication and begin a new one with the right dates on it.

So we are planning to do that.

Better to do it now before I get a NOID because they can beginning the deportation procedures and there is no solution here.

Bad advice from my original lawyer She was wrong because she dont know about wisconsin laws.

we are going today to a family lawyer...lets see what he tell Us...

my uscis case is in testing and interview ....I had the interview on 6 of august ....still waiting ..any idea how long will take for a decision?

On July 7, 2014, we mailed you an appointment notice for an interview for August 6, 2014. Please follow the instructions on the notice. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.

my I 130 is in initial review...

On April 2, 2014, we received this I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or contact our customer service center at 1-800-375-5283.

I know take time but anyone can tell me how long I has to wait?

https://docs.legis.wisconsin.gov/1985/related/acts/103

I FOUND IT!

we are good!

thank you so much for your support...to all of you. I guess I wasnt the first and I will be not the last one ...so if this little post can help to someone else like Us. that this add much more stress to our lives ...that Im literally batteling for

I suggest you go ask at your local marriage registration office or county clerk or whoever is responsible for marriages. You'll get a better answer from them than you will from us. Print out the relevant paragraph of the law and take it with you in case they just tell you that your marriage isn't relevant. It'll force them to find someone who knows what he/she is talking about.

Thank you for your advice I already phone them and the clerk office say:" get a lawyer I cant give you any advice" I was looking in a page

http://www.wisbar.org/forPublic/INeedaLawyer/Pages/Lawyer-Referral-Request.aspx

I guess its the interpretation of the law and I guess the one that can help is the Attorney General of your state of residence ...but how to get to him?

do you know if there is any paperwork to do in wisconsin to have a documentation to validate my marriage ?

I mean : if after 6 month of divorce my marriage is validated: do you think I should go to the county clerk to validate it ? Anybody have pass by this before?

do you know if there is any paperwork to do in wisconsin to have a documentation to validate my marriage ?

yes seems thats my case...we are living as a husband and wife and I hope for the rest of our life.

Maybe we should fill the papers again of AOS but in the mean time wait for USCIS answer.

I dont know if resend it will be a solution but anyway our marriage first should be validated in wisconsin. or get divorced/ or if is void ....there is no divorce or annulment because means never existed.

so should marry in wisconsin as divorced status when we already married in Indiana? or this will be more problematic.

Honestly I dont know I hope they understand the tremendous stress we were when we took the decision to marry and my health condition at this time that still is delicate.

Can a person remarried the same person in other state?

well I was reading something different :

765.24  Removal of impediments to subsequent marriage. If a person during the lifetime of a husband or wife with whom the marriage is in force, enters into a subsequent marriage contract in accordance with s. 765.16, and the parties thereto live together thereafter as husband and wife, and such subsequent marriage contract was entered into by one of the parties in good faith, in the full belief that the former husband or wife was dead, or that the former marriage had been annulled, or dissolved by a divorce, or without knowledge of such former marriage, they shall, after the impediment to their marriage has been removed by the death or divorce of the other party to such former marriage, if they continue to live together as husband and wife in good faith on the part of one of them, be held to have been legally married from and after the removal of such impediment and the issue of such subsequent marriage shall be considered as the marital issue of both parents.

Thank you so much! we will be crossing our fingers ! ...but I will be asking a indiana marriage expert attorney just in case

Thats the thing! I guess this is the point. The paper say: final divorce decree. ....FINAL ...means done, and then, in one of the points I have read the no authorization to remarried for 6 month.

I have read too in the wisconsin law that if the impediment for remarried is gone (6 month) and you still living as a husband and wife automatically the marriage is valid.

My concerns are:

1) I married in other state where is no waiting period of time...in INDIANA is a valid marriage.

2) one of Us didnt even know about the 6 month period waiting time and we tought was ok because the attorney that was doing our k1 visa told Us there is no problem.

3) was under a extreme (life threatening ) circumstances and the will and necessary paperwork was done in order to the couple be the beneficiary

4) the USCIS interview was when the 6 month period was already gone.

5) We are so in love !

I would think though as long as it is recognized in other states although not wisconsin, the marriage is valid. uscis will check if the marriage is valid and it is under united states laws, maybe not wisconsin law, but u.s. law, it is valid.

I m crossing my fingers ! they really do their job and understand the circumstances that wasnt our intention to get rid of any law at all...we just follow what our attorney adviced Us! ....

I have read too that if at least one of the part married in other state bonafide the marriage after the 6 month will be considered valid

Stated very clearly in WI statutes:

765.03(2)

(2) It is unlawful for any person, who is or has been a party to an action for divorce in any court in this state, or elsewhere, to marry again until 6 months after judgment of divorce is granted, and the marriage of any such person solemnized before the expiration of 6 months from the date of the granting of judgment of divorce shall be void

https://docs.legis.wisconsin.gov/statutes/statutes/765/03/2

yes but then ...it sais: it could ve voidable not void and once the impediment is gone (6 month) it became valid.

If we are still living together and happily that means is not automatically validated?

it still doesnt make sense, as long as you followed the rules in the jurisdiction of where you married you should be fine, did you disclose your divorce when you went to married in Indiana? people marry all over the united states, i could see an issue if you remarried too soon in wisconsin but you went to another state where it was allowed to remarry immediatley. Wisconsin law doesnt say you cannot leave the state to remarry just that you cannot remarry in the state of wisconsin for 6 months.

I think wisconsin say you are not allow to marry in any part of the world ....I guess this is what I understood reading the law?

I dont know if indiana alow to re married inmediatelly. and yes in the marriage license we disclosed our true dates of divorce ...we didnt know that can become a problem at all .

We were under pressure of my disease there is less than 800 cases related in medicine books. My samples were sending to a national service of infectious diseases and consulted in 3 different countries asking specialist

We need to understand your case before any answer can be given.... From which status are you adjusting? he divorced from other girl and a month after he marries you? if you are living in wisconsin, why was the reason to marry in indiana??? how long before adjustment of status you two are been together???

I came in a visitor visa waiver with italian passport and married him on a K3 we are a year since we met and toguether since january.

we marry in indiana because the clerk by phone if you came tomorrow I marry you get the license and marry same day no delays. And we were waiting for my surgery to be performed ...no time to lost

I think the answer would be surrounded by if he is a resident of Wisconsin or Indiana. Speak to divorce attorney in both states before you move forward with immigration answers.

he is a resident in Wisconsin and I was a resident in UK