Legal Question in Immigration Law in Massachusetts

immigration

i was recently granted a divorce here in massachusetts and i'm currently waiting out the alloted time period for it to become final. Can i procede with my partners visa to my australian fiance during this waiting period or do i have to wait for the divorce to become final before applying for my visa or is there a form i can obtain from the courts stating i was granted a divorce already so we can get our new life started ?


Asked on 8/21/08, 3:03 pm

2 Answers from Attorneys
Melina Merino Attorney Melina Merino

Re: immigration

In MA, your divorce will become finalized 90 days after the divorce NISI. When you apply for your fiancee, you will be asked to provide proof of termination of all previous marriages. The divorce NISI will not be sufficient to prove this to immigration. Once the 90 day period ends, you will need to request the final divorce certificate, which will be the one you will need to submit to immigration along with your petition. Feel free to contact me if you have more questions or would like to discuss in private. My office is also located in Boston, if you would like to schedule an appointment. Good luck!

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Answered on 8/21/08, 5:23 pm
Marc Seguinot Seguinot & Associates, P.C.

Re: immigration

I would suggest you wait, just for safety's sake. You never know whether suddenly you will be accused of bigamy -- you may never be charged with such a crime, but the government loves to find items of interest to delve into. Just be patient and wait for the final signed decree. It's safer.

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Answered on 8/21/08, 7:54 pm


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