Married my wife from Mexico here in San Diego, she has a tourist Visa and we now live in San Diego. We started the process for her green card with Catholic Charities to process the necessary USCIS documents and when they translated her divorce papers from Mexican into English it stated that she cannot remarry until one year which is July 2016, this is a Mexican court issued document. We were married in April 2016 as we were unaware of this Mexican condition. (This condition is from Mexico, not the US.) We have temporarily halted the process but most people are saying to just continue with the process and focus more on the legitimacy of our marriage and all the required documents. I am inclined to roll the dice and continue with the filings. Any opinions please?????
Why not remarry in July since this is only a month away. Please see https://www.avvo.com/legal-guides/ugc/green-cards-through-marriage
Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
Simply re-marry in July, and submit the paperwork after that.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 23 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
You could also consult with an immigration attorney who is familiar with family law in California. Under Massachusetts law (MGL c287 s6) in such a circumstance your existing marriage would likely be considered legally valid once the impediment to the marriage is removed--that is, once the divorce becomes final in July 2016. Other states do not have such a law.
Please note that this answer is solely for general information purposes and does not constitute legal advice, nor does it establish an attorney-client relationship. Please discuss your individual situation with an attorney.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline