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Hello, I'm trying to bring my fiancee from Thailand with a K1 visa. I
live in California, and I have my divorce papers signed by the judge.
However I have another 3 months until the 6 month waiting period is
over. California law states that the divorce will be honored by the
law in every way once it is signed by the judge, but that I can't
remarry until the "waiting period" is completed. My question is
whether or not I can file my forms now or do I have to wait another 3
months? Does anybody have any experience with this? And can anybody
tell me about how long I can expect the whole process to last?

Any information would be greatly appreciated....-----chris

Rete

The I-129F requires that you show you are free to marry. You aren't so you can't file until the 6 month waiting period is up on your divorce.

Folinskyinla

Hi:

Rete's answer is correct. However, make sure you are applying the right periods. The divorce cannot be final until six months after the court obtained jurisidiction over BOTH spouses [e.g. the date it is obtained over the last spouse if it is not a joint petition]. If memory serves me correct, there MAY be a 60-day period after the judges signature on top of that.

You are NOT free to re-marry until at least the six-month period has come and gone.