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?
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.
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.
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