Texas adjusting from J-1

[sam1982 0]

So we just filed a week ago for adjustment of status from J-1. My wife is a J-1 student from Austria. I am naturalized US citizen. I got my green card thru my ex-wife, and naturalized after 3 years. Me and my ex-wife were married for 6 years. My problem is that, I was divorced on 03/15/2014 in Texas and remarried on 03/28/2014 in Las Vegas. I was separated from my ex-wife since February 2013. We just filled. Will the USCIS see my new marriage as valid or not, because Texas has 30 day prohibition for remarriage. Any thoughts would be appreciated.

[KasAla 0]

Legally speaking your marriage is voidable but not void. Immigration law recognizes voidable marriages as legal marriage for immigration proceedings. In your case, it also recognizes marriage in the jurisdiction that it was celebrated which is Nevada, and there is no waiting period.

When a Divorce decree is signed in Texas divorce is legal, and you were divorced before you were married. It does have a waiting period of 30 days because that is the time your wife can petition the court to reopen your divorce case. That is why your new marriage is voidable but not void.

Void marriage is one which is voided automatically when you are married. This would be between two siblings, marriage of people under certain age or polygamy.

Voidable marriages are marriages that have to go before a court to be ruled void. There has to be a legal proceeding with a final judgment declaring marriage void (annulled).

USCIS might look at your marriage for fraud because your new marriage was entered in so soon, but then again you were separated from your ex wife for more than a year. From what you asked your marriage certificate from Nevada is legal for Immigration and your wife is allowed to receive benefits under current US immigration law and BIA rulings.

[Harpa Timsah 13,258]

I believe your marriage is invalid. I have seen similar cases on this forum and the people were denied for not waiting for the required period in their own state, even if the marriage was conducted in another state.

[KasAla 0]

The question was posted for Texas, not the other states. In Texas, divorce is final on the day it was signed by a judge, not 30 days after it is signed. Nevada does not have any waiting period, which makes OP's marriage legal by Nevada and Texas. Under the laws of Texas, his marriage is voidable. To have it declared void or annulled husband or wife have to file a petition and submitted evidence to void it.

US immigration law implies all family law is governed by the state or country where it took place. Jurisdiction in this case goes under Nevada and Texas. Under current law OP's marriage is valid but voidable in state of Texas.

Edited April 19, 2014 by KasAla