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Texas divorce waiting period of 30 days and marriage in Nevada

Las Vegas, NV |

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?

Attorney Answers 4

Posted

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.

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Posted

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.

Responses are for general information purposes only, and are based on the extremely limited facts given. A consultation with an attorney experienced in the area of law(s) indicated in the question is highly recommended. Information and advice given here should not be relied upon for any final action or decision, as the information is limited by its nature to the question asked and the fact(s) presented in that question. THIS RESPONSE DOES NOT CREATE AN ATTORNEY/CLIENT RELATIONSHIP, particularly considering that the names of the parties are unknown.

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Posted

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.

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Posted

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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