I came to US in student visa and married to USC. However, it didn't worked out and eventually ended up in divorce. My SEVIS has been terminated and i485 is rejected. I have been out of status for like 2 months. I want to marry my cousin after the finalization of divorce.
Being out of status 180 days is not relevant to your eligibility. See a lawyer about marrying a cousin and about your burden of proof if you wed after you are put in removal proceedings.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
You have a complicated fact pattern, so you should hire an experienced immigration attorney in your area. You being out of status is not relevant to your adjustment under INA 245(a). You may need to prove that your first marriage was real as well as your current. Also, keep in mind that this is a public forum. Good Luck!
This answer Is for general purposes only and do not establish an attorney-client relationship.
The fact you are out of status does not matter to your future marriage case. However, you should be very careful now that SEVIS has been terminated because ICE normally starts removal proceedings very quickly and, secondly, CIS will question the validity of your first marriage very carefully fi you file for a green card based on your next marriage. You need to get to a Board Certified lawyer in El Paso right NOW!
First cousin marriage is prohibited in Texas.
This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. Consult with a qualified attorney before making any legal decisions.
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