I was wondering how the 30 day prohibition works, if I am married in Nevada after divorce in Texas within 30 days after Texas divorce. Also, what would happen if the other party appeals the divorce in Texas? How Nevada marriage would be affected. How would this affect a Spousal I-130 petition?
I can't assist you with the divorce part of your question. What I can tell you is that if you remarry too soon after your divorce and file I-130 immediately, you may raise some red flags with USCIS and cause your application to be thoroughly scrutinized. It all depends on the circumstances so be sure to talk to an immigration attorney.
Family Law Attorney
If Texas has a 30 day prohibitation, then you are not actually divorced until that 30 days has run. Most likely this law exists to allow time for appeal. You would do well not to remarry in any state until at least 30 days after your TX divorce is final. As my colleague has advised, you are certainly raising red flags with immigration.
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Don't rush things. Wait 31 days from the day the judge signs the divorce papers.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
The Texas divorce is likely not a final judgment of divorce if you are required to wait 30 days to marry. You would be best advised to consult an experienced matrimonial attorney in Texas to verify if your divorce is final before the 30 days. Assuming your divorce is not final, any marriage prior to the divorce becoming final would not be valid. This marriage could not be the basis of an immigrant visa petition. You would be best advised to wait the 30 days before seeking to remarry.
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