Unaware of divorce and got approved of Conditional Residency

[Boiler 45,772]

I do not see what a Lawyer can do, well unless the plan is to marry and file again.

 

As an aside I doubt this will be an issue assuming the OP does not try and naturaise.

[ClaireFrazer 1]

Thank you for all the respond y'all.I was able to reach out to few Attys. I am in state of Texas and most of the Attys. suggested that sinc state of Texas have a Common Law Marriage to have the document done through county clerk.The lawyer went over our documents and with all the evidences of bona fide marriage we have there is a higher chance that I can just remove my conditions jointly with my spouse and if the divorce got brought up the lawyer stated we can provide the document as a common law marrige.I am still not sure if that is the best route to do as I am trying to consult insights of other lawyers.

[OldUser 7,015]

1 minute ago, ClaireFrazer said:

Thank you for all the respond y'all.I was able to reach out to few Attys. I am in state of Texas and most of the Attys. suggested that sinc state of Texas have a Common Law Marriage to have the document done through county clerk.The lawyer went over our documents and with all the evidences of bona fide marriage we have there is a higher chance that I can just remove my conditions jointly with my spouse and if the divorce got brought up the lawyer stated we can provide the document as a common law marrige.I am still not sure if that is the best route to do as I am trying to consult insights of other lawyers.

I don't believe common law marriage is good enough for immigration.

[ClaireFrazer 1]

15 minutes ago, OldUser said:

I don't believe common law marriage is good enough for immigration.

you're right.That why I am still asking for any legal advices.

[Boiler 45,772]

1 hour ago, ClaireFrazer said:

Thank you for all the respond y'all.I was able to reach out to few Attys. I am in state of Texas and most of the Attys. suggested that sinc state of Texas have a Common Law Marriage to have the document done through county clerk.The lawyer went over our documents and with all the evidences of bona fide marriage we have there is a higher chance that I can just remove my conditions jointly with my spouse and if the divorce got brought up the lawyer stated we can provide the document as a common law marrige.I am still not sure if that is the best route to do as I am trying to consult insights of other lawyers.

Well that is an interesting if somewhat desperate ploy.

 

And a new one to me.

 

So the argument is that a couple who divorce but still living together revert being common law married and not single.

 

Now a quick google says you have to divorce to terminate a common law marriage in Texas, which os what happened.

 

So the only way I see this operating is there has to be a gap, marry, divorce marriage, become common law married. So I do not see how this could operate as the process would not be seamless.

 

Yes, Texas law recognizes common law marriages. In Texas statutes, such marriages are called “marriages without formalities" or "informal marriages." Laws related to common law marriage are in Chapter 2, Subchapter E of the Texas Family Code.

Who can have a common-law marriage?
Both partners must be eligible for marriage. This means that they must be:

at least 18 years old;
not related to each other;
not married to anyone else.
Section 2.401 of the Family Code states what qualifies as a common law marriage:

each partner must agree to be married;
after the marriage agreement, they must live together in Texas as a married couple;
the couple must represent to others that they are married.
Texas law still refers only to “husband and wife," but common law marriage is also available to same-sex couples due to the U.S. Supreme Court’s decision in Obergefell v. Hodges.

How do I prove a common law marriage?
Couples can register their common-law marriage by filing a Declaration of Informal Marriage with their county clerk’s office. TexasLawHelp.org has sample forms and instructions for this procedure. Your county clerk’s office may also have their own forms.

Documents like tax returns, lease agreements, insurance policies, etc. may also be helpful in proving a common-law marriage. In some situations, it may be necessary to go to court to prove a common-law marriage.

The law can be complex, so you may wish to talk to an attorney if this is something you’re considering. For more information on finding an attorney, please see the library's Legal Help page.

How do I end a common law marriage?
Like those in a formal marriage, couples who want to end a common-law marriage must file for divorce.

However, if two years pass after a common-law marriage couple separates and neither party has filed anything to prove the marriage, the state presumes that the marriage never existed. This is referenced in Texas Family Code Section 2.401.

[Mobius2 48]

I think you can challenge the divorce itself in court by having the case re-opened, and taking your husband and marital evidence along.

 

However, I feel there's something more sinister going on in the background. This probably was the husband's "ace in the hole" card set to bloom later on as some sort of twisted revenge. Could be wrong too...

 

Best to have a lawyer who deals with immigration and family law look into this and fix it ASAP. Also either don't apply for citizenship or be ready to convince USCIS big time.