[MA] Do I need to be divorced to apply for a fiancé visa?

Lexi, Chatbot

i understand that you're going through a difficult time with your divorce proceedings. have you already discussed the timeline and options for finalizing the divorce with your attorney?

Lexi, Chatbot

Are there any specific reasons or urgent circumstances that are prompting you to seek a faster resolution for the divorce process?

Lexi, Chatbot

Is there anything else the family lawyer should know before I connect you? Rest assured they'll be able to help with your divorce.

Michael M. Esq.

Hello! My name is Michael, and I'm an attorney ready to help! Your responses matter to me, so I only need a few minutes to review and respond to each of your posts.

Do you have any specific plans or commitments coming up (like a planned wedding date) that make the finalization especially urgent?

This will help me understand if there are any potential options or advice that might apply to your situation.

Michael M. Esq.

Ok thanks! Just a few more questions. Thanks for sharing that! Do you already have a specific wedding date set, or are you waiting to finalize the divorce first? Knowing your timeline can help me give you the most practical advice.

Michael M. Esq.

Understood! So you're just wondering what it is you can do here, correct?

Michael M. Esq.

Ok! Did you need to tell me anything else? If not, I can start with answering your question.

Michael M. Esq.

Ok! I just need a little time to draft up a high-quality answer. I'll be with you as soon as possible. It won't be terribly long, ok?

Michael M. Esq.

I'm so sorry about this situation! I want to address your situation with a detailed response, so if you have any questions, don’t hesitate to ask because this law stuff can get complicated.

In Massachusetts, after your divorce hearing, there’s a mandatory 90-day waiting period called a “nisi” period before the divorce becomes final. (MA Code § Ch 208, Sec 21)This is required by law and can’t be waived or shortened, even if you’re engaged or moving forward with a visa. It’s basically built in to give parties a final chance to reconcile, and the court doesn’t allow any exceptions.

So, there’s no legal way to speed it up. You’ll have to wait until those 90 days pass from June 25 before your divorce is officially final and you can apply for the fiancé visa. In the meantime, you can start preparing all your other documents for the visa so you're ready to file the moment the divorce is finalized. I'm so sorry about that! You have to hang in there.

Michael M. Esq.

Not in this case. You can’t apply for a fiancé visa until your divorce is officially final because you must show you’re legally free to marry. The U.S. government requires proof of your single status when you submit the application. So, you’ll need to wait until the 90-day period is over and your divorce is finalized before starting her visa process.

Michael M. Esq.

Hello! I want to make sure I fully answered all your questions and that you feel completely supported. Your feedback truly helps us continue providing great service. If there's anything else I can clarify, I'm here for you!

Michael M. Esq.

So I haven't heard from you in a while, but that's ok! I hope I’ve provided the information you were seeking.