Free to Remarry - Texas Divorce Definition Help?

[DarkKiss 45]

I filed for my Divorce in Dec 2013. It was Final and signed by Judge 4 Feb 2014. I signed I-129F on 12 Feb 2014, that I was free to re-marry and filed the I-129F on 24 Feb 2014.

I was recently told that you have to wait 30 days in Texas to re-marry. So since I signed the form only 8 days after my divorce stating that I was free to re-marry, Did I Lie....OMG....Please help,this is a nightmare and driving me crazy

[Zedayn 485]

There is a 30 day waiting period to remarry in Texas after a divorce is final. Your divorce was final Feb 4, 2014. You are legally able to marry beginning March 7, 2014.

You were not eligible to file the I-129F, since you were not legally free to marry. Your petition will be denied.

[DarkKiss 45]

There is a 30 day waiting period to remarry in Texas after a divorce is final. Your divorce was final Feb 4, 2014. You are legally able to marry beginning March 7, 2014.

You were not eligible to file the I-129F, since you were not legally free to marry. Your petition will be denied.

So after the denial, will I have to resubmit the packet again after March 7, 2014?

Edited March 4, 2014 by DarkKiss

[DJ&L 83]

There is a 30 day waiting period to remarry in Texas after a divorce is final. Your divorce was final Feb 4, 2014. You are legally able to marry beginning March 7, 2014.

You were not eligible to file the I-129F, since you were not legally free to marry. Your petition will be denied.

Not true. It will not affect your petition. As long as you were divorced, you're fine.

You're legally free to marry in any state that doesn't have a 30 day waiting period.

Edited March 4, 2014 by DJ&L

[DarkKiss 45]

So after the denial, will I have to resubmit the packet again after March 7, 2014?

Once a packet is denied, will they send me the packet back, or will I have to resubmit new packet and pay filing fee again?

[DarkKiss 45]

Not true. It will not affect your petition. As long as you were divorced, you're fine.

You're legally free to marry in any state that doesn't have a 30 day waiting period.

OMG, I hope you are right!!! Maybe they won't look at the Texas Law and Maybe I'll be alright

[DJ&L 83]

OMG, I hope you are right!!! Maybe they won't look at the Texas Law and Maybe I'll be alright

You're absolutely fine. That has no impact on your petition.

[DarkKiss 45]

You're absolutely fine. That has no impact on your petition.

DJ&L thank you sooooo Much!!!!

[Zedayn 485]

Not true. It will not affect your petition. As long as you were divorced, you're fine.

There is a 30 day waiting period to remarry in Texas. This means that the OP, as long as he will remarry in Texas, is legally not able to marry in Texas. It is possible that the OP could remarry in another state that does not have a waiting period. The problem with this is, the marriage could be voidable in Texas if it was less than 30 days after divorce.

For purposes of the I-129F, one of the requirements is both parties have to be legally free, able and willing to marry at the time of filing. The OP would need to send proof of all terminated marriages, such as his recent divorce decree which is signed Feb 4, 2014. His address on the I-129F is a Texas address. USCIS is aware of the waiting periods to remarry, and according to Texas law, he is not free to remarry in Texas.

[DarkKiss 45]

There is a 30 day waiting period to remarry in Texas. This means that the OP, as long as he will remarry in Texas, is legally not able to marry in Texas. It is possible that the OP could remarry in another state that does not have a waiting period. The problem with this is, the marriage could be voidable in Texas if it was less than 30 days after divorce.

For purposes of the I-129F, one of the requirements is both parties have to be legally free, able and willing to marry at the time of filing. The OP would need to send proof of all terminated marriages, such as his recent divorce decree which is signed Feb 4, 2014. His address on the I-129F is a Texas address. USCIS is aware of the waiting periods to remarry, and according to Texas law, he is not free to remarry in Texas.

if you are correct, What if anything is my next move? I was not planning to marry in Texas but in Louisiana. What do I do NOW????

[Zedayn 485]

Some further information to support my point. From: http://travel.state.gov/content/visas/english/immigrate/types/family/fiance-k-1.html

Both the U.S. citizen and the K-1 visa applicant must have been legally free to marry at the time the petition was filed and must have remained so thereafter. The marriage must be legally possible according to laws of the U.S. state in which the marriage will take place.

[baron555 934]

They may send everything back. Yes you will pay again.

[Zedayn 485]

if you are correct, What if anything is my next move? I was not planning to marry in Texas but in Louisiana. What do I do NOW????

It depends on what action you will receive on the case. You may receive a denial, but it is possible you could receive an RFE. If you receive an RFE, you may just need to indicate the state you intend to marry.

[DJ&L 83]

Some further information to support my point. From: http://travel.state.gov/content/visas/english/immigrate/types/family/fiance-k-1.html

Both the U.S. citizen and the K-1 visa applicant must have been legally free to marry at the time the petition was filed and must have remained so thereafter. The marriage must be legally possible according to laws of the U.S. state in which the marriage will take place.

I think it actually proves my point. It says, The marriage must be legally possible according to laws of the U.S. state in which the marriage will take place. It doesn't say, ,,,"In the state in which you reside".

Darkkiss, you're "legally free, able and willing to marry at the time of filing", so there's no reason the petition will be denied.

Same sex couples get approved for K1's in states where they aren't "legally free, able and willing to marry at the time of filing" but they are in other states.

Edited March 4, 2014 by DJ&L

[Zedayn 485]

I think it actually proves my point. It says, The marriage must be legally possible according to laws of the U.S. state in which the marriage will take place. It doesn't say, ,,,"In the state in which you reside".

Darkkiss, you're "legally free, able and willing to marry at the time of filing", so there's no reason the petition will be denied.

Same sex couples get approved for K1's in states where they aren't "legally free, able and willing to marry at the time of filing" but they are in other states.

You are right...however, unless the OP indicated in his letter of intent the state he intends to marry, then it will be assumed he will remarry in Texas. This is why I suggested if he receives an RFE to indicate the state he intends to marry.