Alabama Petition to Waive Statutory Waiting Period Required for Remarriage After Divorce

State:
Multi-State
Control #:
US-01797BG
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Word; 
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Description

Most states don't have a remarriage waiting period after divorce, but some states have a statutory waiting time or allow a judge to create a waiting period for the parties. In some states, both parties must be given time to appeal the divorce decree before you can remarry. Those states that have remarriage waiting periods generally calculate the waiting period from the day the judge approves the divorce decree.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

In general, an immigrant who obtained lawful permanent resident status through marriage, who divorce and remarry, must wait five years from the date their green card status was granted before an I-130 family based petition for a new spouse will be approved.

USCIS determines the validity of a divorce by examining whether the state or country which granted the divorce properly assumed jurisdiction over the divorce proceeding.

If you wish to remarry (anyone except each other), you must wait until at least 60 days after the judgment of divorce is entered. If you have questions regarding the general requirements for divorce in Alabama, we are here to help.

The spouse who files the Affidavit of Support is referred to as the sponsoring spouse. The sponsoring spouse must generally provide financial support until the immigrant becomes a U.S. citizen or has completed 40 quarters of work.

If you plan to conduct any immigration process, the USCIS must be aware of your divorce. You'll notify them with Form I-751 with supporting documents to show that you were in a bona fide marriage.

If an immigrant divorces before obtaining conditional residency by marriage, his or her immigration process stops. This implies the loss of eligibility to apply for a green card, which could lead to deportation. If the immigrant divorces after obtaining permanent residency, the risk of deportation is lower.

Why is there a waiting period to remarry? Some states mandate a 30-day waiting period after a divorce is finalized. This waiting period often exists because former spouses typically have 30 days to appeal a divorce agreement after the divorce is finalized.

Nevertheless, a common consensus among most marriage experts is that the average time for remarrying after divorce is around two to three years, which can substantially reduce the likelihood of a divorce.

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Alabama Petition to Waive Statutory Waiting Period Required for Remarriage After Divorce