Jump to content
niknakca

1 year waiting period after divorce - mexico

By niknakca in Mexico, Latin & South America

 Share

18 posts in this topic

Recommended Posts

niknakca Newbie

niknakca   0

Posted
Filed: K-1 Visa Country: Mexico
 Timeline
Posted

Hi! I'm so excited to be part of this community! I have been reading posts,etc on here for about 2 years, and just barely signed on as a member because we are now OFFICIALLY ENGAGED!!! (L) However...........

My fiance (in Mexico) was given a one year waiting period to remarry after his divorce was finalized (last week) even though it was a divorce of mutual consent. (We were under the impression from his lawyer that when it is a voluntary divorce, and because they had lived apart for over 6 years, there is usually no sentence, but the judge gave them both the year waiting period.) That being said, his divorce is finally final, and we thought we would be ready to apply for the visa immediately, so this glitch is a kick in the stomach. If he has been given this waiting period, can we still apply now and marry in US?? His lawyer said we can marry "discreetly", but based on what his simple divorce process was like with her guidance,I'm not sure I can believe much of what she says.

We potentially have a long road ahead of us because of some other issues that may effect approval, and of course we want to start as soon as we can. Any information would be greatly appreciated!

~nikki

:help:

~Nikki (& Ciro) <3

Link to comment
Share on other sites
canadian_wife Grand Master

canadian_wife   1,791

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

Was he divorced under Mexican law or American?

"his" lawyer is where - US or MX?

Good luck

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1

NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC

Medical
May 4, 2009

Interview
May, 26, 2009

POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Link to comment
Share on other sites
LeftCoastLady Proficient

LeftCoastLady   441

Posted
Filed: Lift. Cond. (pnd) Country: United Kingdom
 Timeline
Posted

One concern is that you would have to submit the final divorce decree with your petition and while it may get approved by USCIS, the CO at his interview in Mexico may notice the one-year stipulation and look at when the petition was filed.

Part One: The K-1 Visa Journey:

USCIS Receipt of I-129F: January 24, 2012 | Petition Approval: June 15, 2012 (No RFEs)
Interview: October 24, 2012 - Review | Visa Delivered: October 31, 2012



Part Two: Entry and Adjusting Status:

POE: November 18, 2012 (at SFO) - Review
Wedding: December 1, 2012 | Social Security: New cards received on December 7, 2012.
AOS Package (I-485/I-765/I-131) NOA1: February 19, 2013 | Biometrics Appt.: March 18, 2013
AP/EAD Approved: April 29, 2013 | Card Received: May 6, 2013 | AOS Interview Appt.: May 16, 2013 - Approved Review Card Received: May 24, 2013

Part Three: Removal of Conditions:

Coming Soon...

"When you're born you get a ticket to the freak show. When you're born in America, you get a front row seat." – George Carlin

Link to comment
Share on other sites
niknakca Newbie

niknakca   0

Posted
Filed: K-1 Visa Country: Mexico
 Timeline
  • Author
Posted

So, the one year means he is not free to marry.

That's what we were understanding as well, however we have been told by quite a few people that the waiting period is to apply for a marriage license in Mexico, and not here in the US. Also, we have been told that judicial decisions in Mexico are not upheld in the US...??? I'm not sure what to think, and we are both willing to wait another year, if we must, to begin filing, but of course, we really don't want to.

~Nikki (& Ciro) <3

Link to comment
Share on other sites
Pooh Pee Explorer

Pooh Pee   1

Posted
Filed: AOS (apr) Country: Mexico
 Timeline
Posted

The K-1 visa lets you marry your fiance in the U.S. As a requirement, both of you must be free to marry in the U.S. I believe that your marriage has nothing to do with Mexico. As long as your fiance has the final divorce decree and all other requirements, then you can apply for the K-1 visa. Please confirm this by checking the Department of State and USCIS websites. Both sites explain the requirements.

Link to comment
Share on other sites
niknakca Newbie

niknakca   0

Posted
Filed: K-1 Visa Country: Mexico
 Timeline
  • Author
Posted

One concern is that you would have to submit the final divorce decree with your petition and while it may get approved by USCIS, the CO at his interview in Mexico may notice the one-year stipulation and look at when the petition was filed.

That's a really good point. Thanks!

(Love the G.Carlin quote!!! lol)

~Nikki (& Ciro) <3

Link to comment
Share on other sites
niknakca Newbie

niknakca   0

Posted
Filed: K-1 Visa Country: Mexico
 Timeline
  • Author
Posted

The K-1 visa lets you marry your fiance in the U.S. As a requirement, both of you must be free to marry in the U.S. I believe that your marriage has nothing to do with Mexico. As long as your fiance has the final divorce decree and all other requirements, then you can apply for the K-1 visa. Please confirm this by checking the Department of State and USCIS websites. Both sites explain the requirements.

Thanks for your response! I really appreciate all the help. What you say makes sense to me. I just can't seem to get specific clarification on what a 1 year sentence means...does it mean 1 year to apply for a marriage license in Mexico? or does it mean that technically and legally he is not a "free man" until the year sentence is up, and that, for all intensive purposes, he is not fully divorced? We are continuing to search for that answer.

Thanks for you input! :D

~Nikki (& Ciro) <3

Link to comment
Share on other sites
  • 1 year later...
lebgari46 Newbie

lebgari46   0

Posted
Filed: K-1 Visa Timeline
Posted

hey i was wondering if there has been any news reguarding this topic recently? i know it is a year old but i am in the exact same situation and i need to know if i am able to begin the visa process. i can not find help anywhere, about this subject, and really need someones expert opinion as to wheather or not beginning the visa process right now(under the currenct situation) would be okay and as to weather or not i would get approved. i am stressing out a lot and could really use some advice on the subject.

Link to comment
Share on other sites
clairegie Proficient

clairegie   265

Posted
Filed: Citizen (pnd) Country: Philippines
 Timeline
Posted (edited)

Hi! I'm so excited to be part of this community! I have been reading posts,etc on here for about 2 years, and just barely signed on as a member because we are now OFFICIALLY ENGAGED!!! heart.gif However...........

My fiance (in Mexico) was given a one year waiting period to remarry after his divorce was finalized (last week) even though it was a divorce of mutual consent. (We were under the impression from his lawyer that when it is a voluntary divorce, and because they had lived apart for over 6 years, there is usually no sentence, but the judge gave them both the year waiting period.) That being said, his divorce is finally final, and we thought we would be ready to apply for the visa immediately, so this glitch is a kick in the stomach. If he has been given this waiting period, can we still apply now and marry in US?? His lawyer said we can marry "discreetly", but based on what his simple divorce process was like with her guidance,I'm not sure I can believe much of what she says.

We potentially have a long road ahead of us because of some other issues that may effect approval, and of course we want to start as soon as we can. Any information would be greatly appreciated!

~nikki

helpsmilie.gif

since his divorce was finalized, he is technically a free man to marry. however, since this was actually judge-mandated, i think its best that you adhere to it. the 1 year wait period is for both parties to have time to contest the terms of the divorce. if i think about this through a k1 perspective, you have about 5 months for the process (although its shorter lately). you have written proof that his divorce was finalized etc., the visa is valid for 6 months (maybe shorter, depending on the actual expiry listed) then you have 90 days to marry him, which still falls below the 1 year wait period. would you risk your marriage being invalidated because he didnt wait 1 year? the us process may overlook it but the interview in mexico might not

Edited by iammrsregi

My timeline: http://www.visajourney.com/timeline/profile.php?cfl=0&id=163489

Link to comment
Share on other sites
TBoneTX Grand Master

TBoneTX   43,160

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

*** Thread moved from K-1 Process forum to the Mexico/Latin America regional subforum, in hopes that the new query (post #11) can receive input. ***

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Link to comment
Share on other sites
  • 3 years later...
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.
Guest
This topic is now closed to further replies.
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...