[MA] [MA] Can I speed up the 90-day divorce rule so I can file a K-1 visa sooner?
I’m getting a divorce. The hearing was last Wednesday (June 25). The judge said it’ll take 90 days to be final. Is there anything I can do to finalize this ASAP?
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After your MA divorce hearing there’s a mandatory 90-day “judgment nisi” period before it becomes final (Mass. Gen. Laws ch. 208, § 21). It can’t be waived or shortened (Mass. Gen. Laws ch. 208, § 24). For a K-1 fiancée visa you must show you’re legally free to marry. You need the final divorce judgment first.
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I’m getting a divorce. The hearing was last Wednesday (June 25). The judge said it’ll take 90 days to be final. Is there anything I can do to finalize this ASAP?
Do you have an attorney?
No.
Any urgent reason to speed it up? Which state?
I’m engaged. Massachusetts (MA).
Thanks—this helps.
Hi! Do you have a specific wedding date or other time pressure?
I lived in Brazil the last 5 years and was separated already. I’ve moved back to the U.S. to get a job. My fiancée is still in Brazil. I want to apply for a fiancée visa, so I need the divorce finalized. Or can I apply for her visa before the divorce is finalized?
After your MA divorce hearing there’s a mandatory 90-day “judgment nisi” period before it becomes final (Mass. Gen. Laws ch. 208, § 21). It can’t be waived or shortened (Mass. Gen. Laws ch. 208, § 24). For a K-1 fiancée visa you must show you’re legally free to marry. You need the final divorce judgment first.
I’ve heard there are 90 days to get married once she’s in the U.S.—would that cover it?
That 90 days is the K-1 rule after she arrives. It doesn’t replace MA’s 90-day divorce waiting period. Use this time to gather visa documents so you can file as soon as the divorce is final.
Michael M. Esq.
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