Messersmith Law Firm

Immigration Q&A - December 12, 2010

Six Month Waiting Period Before Fiance Can Remarry

I had a question about getting a fiance visa. I recently got divorced from my exwife. My ex and I have been separated for quite some, but for financial reasons we just finalized the divorce on August 31st. I live in the state of Oklahoma. I did not realize that in this state there is a six month waiting period after the divorce is granted that they do not allow you to marry someone else. Will this stop me from filing for a finace visa until the six month period is up, since she would not even be here for me to marry until after the six month period was complete or can I go ahead and file it?  My fiance lives in Thailand and yes we have met.

You must be “free to marry” at the time you file the petition so in your case, you will need to wait until the six months are up.

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