Milwaukee, WI asked in Immigration Law for Wisconsin

Q: I got divorced in the state of Wisconsin in October 2020. I have a fiance currently residing abroad and planning of. . .

bringing him here in the USA. In Wisconsin, you can't marry again not until after 6 months from the date of divorce. My question is can I file my I-129F Petition for Alien Fiance now of do I have to wait after six months to file the petition?

Related Topics:
2 Lawyer Answers
Adan Vega
Adan Vega
Answered
  • Immigration Law Lawyer
  • Houston, TX

A: One of the requirements of the FORM I-129F is that you must be unmarried at the time of filing of the petition with USCIS. You will not be required to marry your fiancé until the K-1 is issued by the U.S. consulate and your fiancé enters the U.S. which will not occur within the next 6 months.

Do not worry about that aspect of your case.

Happy Holidays!

Stephen Arnold Black
Stephen Arnold Black
Answered
  • Immigration Law Lawyer
  • Orlando, FL

A: It takes roughly 7 to 8 months in order for the K-1 visa to be approved after it’s filed, and then it takes at least three months before the interview at the overseas consulate is scheduled. Based On the above timeframe, there will be at least six months to transpires from the time that your divorce was finalized in October 2020 until your fiancé arrives in the United States on his K visa. You have 90 days in which to marry after his arrival. So there should be no problem.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.