K1 visa after divorce
Apr 17th 2007, 11:54 pm
#1
Sweatin' it up in Bama
Thread Starter
Joined: Apr 2007
Location: Calera, Alabama
Posts: 212
K1 visa after divorce
Hi all, fabulous site, congratulations and thanks for making it available.
I am a UK citizen intent on moving to Alabama, marrying my girlfriend and settling. After investigation, the Fiance visa is the most suitable option for us.
Now, my girlfriend is currently legally married to a US citizen, though this troublesome little issue should be resolved in time. Once it is, we will file the K1 form, i'll file my forms etc etc. Alabama has a general law that you can not marry a third party within 60 days of the finalisation of the divorce.
Does anyone know if the K1 visa can be filed within this 60 days period? The law as I read it relates directly to the actual marriage as opposed to any necessary preperation, so I assume this would be possible. Thought I would consult the obvious knowledge group here though!
Thanks for any and all responses.
Ben
I am a UK citizen intent on moving to Alabama, marrying my girlfriend and settling. After investigation, the Fiance visa is the most suitable option for us.
Now, my girlfriend is currently legally married to a US citizen, though this troublesome little issue should be resolved in time. Once it is, we will file the K1 form, i'll file my forms etc etc. Alabama has a general law that you can not marry a third party within 60 days of the finalisation of the divorce.
Does anyone know if the K1 visa can be filed within this 60 days period? The law as I read it relates directly to the actual marriage as opposed to any necessary preperation, so I assume this would be possible. Thought I would consult the obvious knowledge group here though!
Thanks for any and all responses.
Ben
Last edited by TKO; Apr 18th 2007 at 1:16 am.
Apr 18th 2007, 1:11 am
#3
Concierge
Joined: Apr 2001
Posts: 46,469
Re: K1 visa after divorce
No the law as it reads directly states one must be free to marry at the time of filing of the I-129F. Since your girlfriend will not be free to marry you until 60 days after the divorce, then she cannot file until the 61st day.
Hi all, fabulous site, congratulations and thanks for making it available.
I am a UK citizen intent on moving to Alabama, marrying my girlfriend and settling. After investigation, the Fiance visa is the most suitable option for us.
Now, my girlfriend is currently legally married to a US citizen, though this troublesome little issue should be resolved in time. Once it is, we will file the K1 form, i'll file the I485 etc etc. Alabama has a general law that you can not marry a third party within 60 days of the finalisation of the divorce.
Does anyone know if the K1 visa can be filed within this 60 days period? The law as I read it relates directly to the actual marriage as opposed to any necessary preperation, so I assume this would be possible. Thought I would consult the obvious knowledge group here though!
Thanks for any and all responses.
Ben
I am a UK citizen intent on moving to Alabama, marrying my girlfriend and settling. After investigation, the Fiance visa is the most suitable option for us.
Now, my girlfriend is currently legally married to a US citizen, though this troublesome little issue should be resolved in time. Once it is, we will file the K1 form, i'll file the I485 etc etc. Alabama has a general law that you can not marry a third party within 60 days of the finalisation of the divorce.
Does anyone know if the K1 visa can be filed within this 60 days period? The law as I read it relates directly to the actual marriage as opposed to any necessary preperation, so I assume this would be possible. Thought I would consult the obvious knowledge group here though!
Thanks for any and all responses.
Ben
Apr 18th 2007, 1:15 am
#4
Sweatin' it up in Bama
Thread Starter
Joined: Apr 2007
Location: Calera, Alabama
Posts: 212
Re: K1 visa after divorce
Okay thanks, I expect this is the case.
On filing the K1, USCIS states: "You and your fiancé(e) must be free to marry. This means that both of you are unmarried, or that any previous marriages have ended through divorce, annulment or death.
I suppose individual state rules have to be added to the qualification of what "free to marry" means.
Ach well, was hoping to shave off a couple of months.
On filing the K1, USCIS states: "You and your fiancé(e) must be free to marry. This means that both of you are unmarried, or that any previous marriages have ended through divorce, annulment or death.
I suppose individual state rules have to be added to the qualification of what "free to marry" means.
Ach well, was hoping to shave off a couple of months.
Apr 18th 2007, 4:17 am
#5
Guest
Posts: n/a
Re: K1 visa after divorce
On Apr 18, 9:11 am, Rete <[email protected]> wrote:
> > Hi all, fabulous site, congratulations and thanks for making it
> > available.
>
> > I am a UK citizen intent on moving to Alabama, marrying my girlfriend
> > and settling. After investigation, the Fiance visa is the most
> > suitable option for us.
>
> > Now, my girlfriend is currently legally married to a US citizen,
> > though this troublesome little issue should be resolved in time. Once
> > it is, we will file the K1 form, i'll file my forms etc etc. Alabama
> > has a general law that you can not marry a third party within 60 days
> > of the finalisation of the divorce.
>
> > Does anyone know if the K1 visa can be filed within this 60 days
> > period? The law as I read it relates directly to the actual
> > marriage as opposed to any necessary preperation, so I assume this
> > would be possible. Thought I would consult the obvious knowledge
> > group here though!
>
> > Thanks for any and all responses.
>
> > Ben
>
> No the law as it reads directly states one must be free to marry at the
> time of filing of the I-129F. Since your girlfriend will not be free to
> marry you until 60 days after the divorce, then she cannot file until
> the 61st day.
>
> --
> I'm not an attorney. This disclaimer is valid in NYS!
> Posted viahttp://britishexpats.com- Hide quoted text -
>
> - Show quoted text -
The law does not specify that he/she must be free to marry in Alabama.
If at least one US state (Nevada?) would allow them to get married
without having to wait the 60 days ; then he/she would be free to
marry (just not in Alabama).
Federal law provide that if he/she gets married in a US state, all
other US state would have to recognize that - so there would be no
doubt about the fact that he/she would be married.
I think that if at least one US state would allow them to get married
without having to wait the 60 days ; then he/she can proceed with the
I-129F
> > Hi all, fabulous site, congratulations and thanks for making it
> > available.
>
> > I am a UK citizen intent on moving to Alabama, marrying my girlfriend
> > and settling. After investigation, the Fiance visa is the most
> > suitable option for us.
>
> > Now, my girlfriend is currently legally married to a US citizen,
> > though this troublesome little issue should be resolved in time. Once
> > it is, we will file the K1 form, i'll file my forms etc etc. Alabama
> > has a general law that you can not marry a third party within 60 days
> > of the finalisation of the divorce.
>
> > Does anyone know if the K1 visa can be filed within this 60 days
> > period? The law as I read it relates directly to the actual
> > marriage as opposed to any necessary preperation, so I assume this
> > would be possible. Thought I would consult the obvious knowledge
> > group here though!
>
> > Thanks for any and all responses.
>
> > Ben
>
> No the law as it reads directly states one must be free to marry at the
> time of filing of the I-129F. Since your girlfriend will not be free to
> marry you until 60 days after the divorce, then she cannot file until
> the 61st day.
>
> --
> I'm not an attorney. This disclaimer is valid in NYS!
> Posted viahttp://britishexpats.com- Hide quoted text -
>
> - Show quoted text -
The law does not specify that he/she must be free to marry in Alabama.
If at least one US state (Nevada?) would allow them to get married
without having to wait the 60 days ; then he/she would be free to
marry (just not in Alabama).
Federal law provide that if he/she gets married in a US state, all
other US state would have to recognize that - so there would be no
doubt about the fact that he/she would be married.
I think that if at least one US state would allow them to get married
without having to wait the 60 days ; then he/she can proceed with the
I-129F
Apr 18th 2007, 4:57 am
#6
Concierge
Joined: Apr 2001
Posts: 46,469
Re: K1 visa after divorce
Okay thanks, I expect this is the case.
On filing the K1, USCIS states: "You and your fiancé(e) must be free to marry. This means that both of you are unmarried, or that any previous marriages have ended through divorce, annulment or death.
I suppose individual state rules have to be added to the qualification of what "free to marry" means.
Ach well, was hoping to shave off a couple of months.
On filing the K1, USCIS states: "You and your fiancé(e) must be free to marry. This means that both of you are unmarried, or that any previous marriages have ended through divorce, annulment or death.
I suppose individual state rules have to be added to the qualification of what "free to marry" means.
Ach well, was hoping to shave off a couple of months.
And countries, i.e. Canada has two divorce steps one is a divorce decree and then the divorce absolute which is 30 days later. An absolute is required.
Apr 18th 2007, 4:59 am
#7
Concierge
Joined: Apr 2001
Posts: 46,469
Re: K1 visa after divorce
Tell you what you try it out first.
The divorce has to be finalized as for the state that is issuing the divorce. Send in the I-129F too soon and watch it come right back at you.
The divorce has to be finalized as for the state that is issuing the divorce. Send in the I-129F too soon and watch it come right back at you.
Originally Posted by [email protected]
On Apr 18, 9:11 am, Rete <[email protected]> wrote:
> > Hi all, fabulous site, congratulations and thanks for making it
> > available.
>
> > I am a UK citizen intent on moving to Alabama, marrying my girlfriend
> > and settling. After investigation, the Fiance visa is the most
> > suitable option for us.
>
> > Now, my girlfriend is currently legally married to a US citizen,
> > though this troublesome little issue should be resolved in time. Once
> > it is, we will file the K1 form, i'll file my forms etc etc. Alabama
> > has a general law that you can not marry a third party within 60 days
> > of the finalisation of the divorce.
>
> > Does anyone know if the K1 visa can be filed within this 60 days
> > period? The law as I read it relates directly to the actual
> > marriage as opposed to any necessary preperation, so I assume this
> > would be possible. Thought I would consult the obvious knowledge
> > group here though!
>
> > Thanks for any and all responses.
>
> > Ben
>
> No the law as it reads directly states one must be free to marry at the
> time of filing of the I-129F. Since your girlfriend will not be free to
> marry you until 60 days after the divorce, then she cannot file until
> the 61st day.
>
> --
> I'm not an attorney. This disclaimer is valid in NYS!
> Posted viahttp://britishexpats.com- Hide quoted text -
>
> - Show quoted text -
The law does not specify that he/she must be free to marry in Alabama.
If at least one US state (Nevada?) would allow them to get married
without having to wait the 60 days ; then he/she would be free to
marry (just not in Alabama).
Federal law provide that if he/she gets married in a US state, all
other US state would have to recognize that - so there would be no
doubt about the fact that he/she would be married.
I think that if at least one US state would allow them to get married
without having to wait the 60 days ; then he/she can proceed with the
I-129F
> > Hi all, fabulous site, congratulations and thanks for making it
> > available.
>
> > I am a UK citizen intent on moving to Alabama, marrying my girlfriend
> > and settling. After investigation, the Fiance visa is the most
> > suitable option for us.
>
> > Now, my girlfriend is currently legally married to a US citizen,
> > though this troublesome little issue should be resolved in time. Once
> > it is, we will file the K1 form, i'll file my forms etc etc. Alabama
> > has a general law that you can not marry a third party within 60 days
> > of the finalisation of the divorce.
>
> > Does anyone know if the K1 visa can be filed within this 60 days
> > period? The law as I read it relates directly to the actual
> > marriage as opposed to any necessary preperation, so I assume this
> > would be possible. Thought I would consult the obvious knowledge
> > group here though!
>
> > Thanks for any and all responses.
>
> > Ben
>
> No the law as it reads directly states one must be free to marry at the
> time of filing of the I-129F. Since your girlfriend will not be free to
> marry you until 60 days after the divorce, then she cannot file until
> the 61st day.
>
> --
> I'm not an attorney. This disclaimer is valid in NYS!
> Posted viahttp://britishexpats.com- Hide quoted text -
>
> - Show quoted text -
The law does not specify that he/she must be free to marry in Alabama.
If at least one US state (Nevada?) would allow them to get married
without having to wait the 60 days ; then he/she would be free to
marry (just not in Alabama).
Federal law provide that if he/she gets married in a US state, all
other US state would have to recognize that - so there would be no
doubt about the fact that he/she would be married.
I think that if at least one US state would allow them to get married
without having to wait the 60 days ; then he/she can proceed with the
I-129F
Apr 18th 2007, 5:50 am
#8
Guest
Posts: n/a
Re: K1 visa after divorce
On Apr 18, 12:59 pm, Rete <[email protected]> wrote:
> Tell you what you try it out first.
>
> The divorce has to be finalized as for the state that is issuing
> the divorce. Send in the I-129F too soon and watch it come right
> back at you.
>
> --
> I'm not an attorney. This disclaimer is valid in NYS!
> Posted viahttp://britishexpats.com- Hide quoted text -
>
> - Show quoted text -
The OP said "Alabama has a general law that you can not marry a third
party within 60 days of the finalisation of the divorce.
Does anyone know if the K1 visa can be filed within this 60 days
period?"
As such, the divorce has been finalized. He is speaking about a 60
days period AFTER the finalisation of the divorce.
During this period (which is AFTER the finalisation of the divorce, so
he/she IS ALREADY DIVORCED), it may well be possible that another
state would allow a DIVORCEE (again, he/she is no longer married since
the divorce is already final) to remarry
> Tell you what you try it out first.
>
> The divorce has to be finalized as for the state that is issuing
> the divorce. Send in the I-129F too soon and watch it come right
> back at you.
>
> --
> I'm not an attorney. This disclaimer is valid in NYS!
> Posted viahttp://britishexpats.com- Hide quoted text -
>
> - Show quoted text -
The OP said "Alabama has a general law that you can not marry a third
party within 60 days of the finalisation of the divorce.
Does anyone know if the K1 visa can be filed within this 60 days
period?"
As such, the divorce has been finalized. He is speaking about a 60
days period AFTER the finalisation of the divorce.
During this period (which is AFTER the finalisation of the divorce, so
he/she IS ALREADY DIVORCED), it may well be possible that another
state would allow a DIVORCEE (again, he/she is no longer married since
the divorce is already final) to remarry
Apr 18th 2007, 6:17 am
#9
Guest
Posts: n/a
Re: K1 visa after divorce
On Apr 18, 9:15 am, TKO <[email protected]> wrote:
> > Since the I-129F petition can not be filed until both parties are free
> > to marry... you can *not* start the process until that happens. You
> > will have to wait the 60 days.
>
> > Ian
>
> Okay thanks, I expect this is the case.
>
> On filing the K1, USCIS states: "You and your fiancé(e) must be free
> to marry. This means that both of you are unmarried, or that any
> previous marriages have ended through divorce, annulment or death.
>
> I suppose individual state rules have to be added to the qualification
> of what "free to marry" means.
>
> Ach well, was hoping to shave off a couple of months.
>
> --
> Posted viahttp://britishexpats.com
According to the USCIS form, you can file the I-129F.
USCIS tells you that you can file, so go ahead. USCIS already have
enough rules, you really don't need to add your own rules on top of
that.
Not to mention that chances are good that you are already free to
marry within that 60 days window - somewhere in the US - just not
necessarly in Alabama.
They haven't comed up with a regulation that prevents K1 visa holders
from getting married in Las Vegas. Again, if USCIS tells you something
(in writing on an official form) and you like it - don't second guess
it.
I really don't see where the problem would be.
I am convinced that the paper-pusher in Texas who will approve your
I-129F doesn't even know all the state rules and regulations
surrounding marriage in the 13 states he is covering - he works for
the great Department of Homeland Security and as such follows federal
rules and regulations
> > Since the I-129F petition can not be filed until both parties are free
> > to marry... you can *not* start the process until that happens. You
> > will have to wait the 60 days.
>
> > Ian
>
> Okay thanks, I expect this is the case.
>
> On filing the K1, USCIS states: "You and your fiancé(e) must be free
> to marry. This means that both of you are unmarried, or that any
> previous marriages have ended through divorce, annulment or death.
>
> I suppose individual state rules have to be added to the qualification
> of what "free to marry" means.
>
> Ach well, was hoping to shave off a couple of months.
>
> --
> Posted viahttp://britishexpats.com
According to the USCIS form, you can file the I-129F.
USCIS tells you that you can file, so go ahead. USCIS already have
enough rules, you really don't need to add your own rules on top of
that.
Not to mention that chances are good that you are already free to
marry within that 60 days window - somewhere in the US - just not
necessarly in Alabama.
They haven't comed up with a regulation that prevents K1 visa holders
from getting married in Las Vegas. Again, if USCIS tells you something
(in writing on an official form) and you like it - don't second guess
it.
I really don't see where the problem would be.
I am convinced that the paper-pusher in Texas who will approve your
I-129F doesn't even know all the state rules and regulations
surrounding marriage in the 13 states he is covering - he works for
the great Department of Homeland Security and as such follows federal
rules and regulations
Apr 18th 2007, 7:10 am
#10
Forum Regular
Joined: Feb 2005
Location: Phoenix, Arizona
Posts: 270
Re: K1 visa after divorce
Originally Posted by [email protected]
They haven't comed up with a regulation that prevents K1 visa holders from getting married in Las Vegas.
Originally Posted by [email protected]
I am convinced that the paper-pusher in Texas who will approve your I-129F doesn't even know all the state rules and regulations surrounding marriage in the 13 states he is covering - he works for the great Department of Homeland Security and as such follows federal rules and regulations
Apr 18th 2007, 7:33 am
#11
Joined: Apr 2002
Posts: 35,082
Re: K1 visa after divorce
[email protected];4661852
I am convinced that the paper-pusher in Texas who will approve you
I-129F /QUOTE
There aren't anymore paper-pushers in Texas approving I-129fs.
I am convinced that the paper-pusher in Texas who will approve you
I-129F /QUOTE
There aren't anymore paper-pushers in Texas approving I-129fs.
Apr 18th 2007, 8:24 am
#12
Guest
Posts: n/a
Re: K1 visa after divorce
On Apr 18, 3:10 pm, wildestkabs <[email protected]>
wrote:
>
> I think you are getting confused between two different things. The issue
> here is about the eligibility to file a petition and not the eligibility
> to get married.
>
> Thats a stretch. Bad advice.
>
> --
> Posted viahttp://britishexpats.com- Hide quoted text -
>
> - Show quoted text -
In order to be eligible to file a petition ; he/she need to be "free
to marry. This means that both of you are unmarried, or that any
previous marriages have ended through divorce, annulment or death." as
per USCIS's instructions.
So,
1) He/she needs to be eligible to get married ("free to marry") in
order to be eligible to file
2) Since when does USCIS sees state laws as supperceding immigration
laws and USCIS's own instructions?
wrote:
>
> I think you are getting confused between two different things. The issue
> here is about the eligibility to file a petition and not the eligibility
> to get married.
>
> Thats a stretch. Bad advice.
>
> --
> Posted viahttp://britishexpats.com- Hide quoted text -
>
> - Show quoted text -
In order to be eligible to file a petition ; he/she need to be "free
to marry. This means that both of you are unmarried, or that any
previous marriages have ended through divorce, annulment or death." as
per USCIS's instructions.
So,
1) He/she needs to be eligible to get married ("free to marry") in
order to be eligible to file
2) Since when does USCIS sees state laws as supperceding immigration
laws and USCIS's own instructions?
Apr 18th 2007, 8:26 am
#13
Guest
Posts: n/a
Re: K1 visa after divorce
Please not that USCIS never specified "free to marry in your state of
residence" ; they just said "free to marry".
To the best of my knowledge, nothing in immigration/federal laws
prevent anyone from getting married in another state. As such the just
need to fullfil that "You and your fiancé(e) must be free to marry.
This means that both of you are unmarried, or that any previous
marriages have ended through divorce, annulment or death"
residence" ; they just said "free to marry".
To the best of my knowledge, nothing in immigration/federal laws
prevent anyone from getting married in another state. As such the just
need to fullfil that "You and your fiancé(e) must be free to marry.
This means that both of you are unmarried, or that any previous
marriages have ended through divorce, annulment or death"
Apr 18th 2007, 8:28 am
#14
Guest
Posts: n/a
Re: K1 visa after divorce
I apoligize if I have been a little confusing by explaining why
Alabama laws don't apply.
The matter of the fact is that you are dealing with USCIS - and not
with an Alabama state agency
Alabama laws don't apply.
The matter of the fact is that you are dealing with USCIS - and not
with an Alabama state agency
Apr 18th 2007, 9:22 am
#15
Sweatin' it up in Bama
Thread Starter
Joined: Apr 2007
Location: Calera, Alabama
Posts: 212
Re: K1 visa after divorce
Thanks again all.
Alaska doesn't have any regulations on remarrying...but apparently it's too cold for my lass! Alabama does have regulations about marrying in another state just to get round the regulations, though I am somewhat suspect of the level of enforcement.
All in all, it's probably not something I am willing to try to get round in case it causes further and unforseen complications further down the line - I expect we will wait the extra 60 days.
Alaska doesn't have any regulations on remarrying...but apparently it's too cold for my lass! Alabama does have regulations about marrying in another state just to get round the regulations, though I am somewhat suspect of the level of enforcement.
All in all, it's probably not something I am willing to try to get round in case it causes further and unforseen complications further down the line - I expect we will wait the extra 60 days.
