Free to Remarry - Texas Divorce Definition Help?

[DarkKiss 45]

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.

Thanks to all. I will pray that I dodge this bullet, but otherwise, I'll be prepared in any case.

[DarkKiss 45]

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.

Then I'll pray for an RFE if that happens. Thanks Again.

[DarkKiss 45]

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.

Then I'll pray for an RFE if that happens. Thanks Again.

[fatblackcat 8]

The 30 day waiting period in Texas is in the event one of the parties decides to re-open the case. A marriage performed in Texas within that period of time is voidable, if the any party (your ex) decides to challenge it. So it is recommended to wait it out. There is also the possibility to have the judge waive the 30 day waiting period... didn't your attorney tell you that?

You are filing a K-1, so obviously you are not married. There is a big difference between getting married and planning to marry.

[DarkKiss 45]

The 30 day waiting period in Texas is in the event one of the parties decides to re-open the case. A marriage performed in Texas within that period of time is voidable, if the any party (your ex) decides to challenge it. So it is recommended to wait it out. There is also the possibility to have the judge waive the 30 day waiting period... didn't your attorney tell you that?

You are filing a K-1, so obviously you are not married. There is a big difference between getting married and planning to marry.

Yes, I am aware of the possible challenge of the divorce by Ex spouse and that possibly voiding it. I stated I am PLANNING to marry because i am at this time in the planning stages. I can not GET married because my I-129F is a long way away from being approved with a visa in hand, and my fiancee in country to actually GET married.

No I am not married, but I don't see how they verbage of "planning" or "getting" married affects my dilemma.

Please Explain?

[aaron2020 11,651]

Texas residents are subject to Texas laws.

It doesn't matter if the OP wants to marry in another jurisdiction. He is still subject to Texas laws.

Under Texas laws, he is not free to marry. The petition will be denied.

This is similar to cousin marriages. Cousin marriages are not allowed in Texas. Cousin marriages are legal in California. A Texas resident filing for a cousin K-1 will be denied while a California resident filing for a K-1 will be granted. It doesn't matter if both couples want to marry in California. Under Texas laws, the Texas resident cannot legally marry so the US Embassy will apply Texas laws.

[aaron2020 11,651]

The rules for same sex marriage is different. This is the exception to the rules.

The US Supreme invalidating DOMA means the US government cannot discriminate based in sexual orientation.

There is no prohibition against applying other state laws that are valid. - including most state marriage laws.

[MRS.MONTILLA 4]

By the time u actually marry ur fiance in the states ull b more than free to marry

[Zedayn 485]

By the time u actually marry ur fiance in the states ull b more than free to marry

He has to be free to marry at the time of filing.

[aaron2020 11,651]

By the time u actually marry ur fiance in the states ull b more than free to marry

So what? How is this relevant?

The K-1 requires that he be free to marry WHEN HE FILES.

[DarkKiss 45]

He has to be free to marry at the time of filing.

I have resigned myself to the "Wait and See What Happens" and be prepared either way. I will definitely keep everyone Posted. Thanks for all of your comments and help!

[JohnR! 5,495]

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

I would not lose any sleep over it. I don't believe you will be denied. The 30-day waiting period is not a requirement of the feds. Furthermore, considering the timeline, by the time your petition is processed the 30 days will have elapsed. More importantly so, is that there is nothing that would suggest you acted with ill intent.

Good luck!

[fatblackcat 8]

Yes, I am aware of the possible challenge of the divorce by Ex spouse and that possibly voiding it. I stated I am PLANNING to marry because i am at this time in the planning stages. I can not GET married because my I-129F is a long way away from being approved with a visa in hand, and my fiancee in country to actually GET married.

No I am not married, but I don't see how they verbage of "planning" or "getting" married affects my dilemma.

Please Explain?

Lets suppose (as an example) you get married on day 31, it meant that most likely you planned to marry beforehand. From how I understand it, it is marrying in the 30 day period that gets you in trouble, not planning. You didn't marry yet so it really doesn't matter. You didn't do anything wrong. And in a couple of days, this is going to be a non-issue. Wouldn't lose my sleep over this.

If USCIS asks anything about this (I really doubt) you can claim that there is nothing in Texas law that impedes you from planning to marry.

[aaron2020 11,651]

I would not lose any sleep over it. I don't believe you will be denied. The 30-day waiting period is not a requirement of the feds. Furthermore, considering the timeline, by the time your petition is processed the 30 days will have elapsed. More importantly so, is that there is nothing that would suggest you acted with ill intent.

Good luck!

Why does the Fed following Texas laws not a requirement? Got proof?

It sure seems that the Fed follows valid Texas marriage laws when denying K-1s for cousin marriages.

[DJ&L 83]

Texas residents are subject to Texas laws.

Not true. You're subject to the laws of the state you get married in. You can marry without waiting 30 days in other states.

I honestly think you're fine. But, you never know.

You could immediately withdraw your petition and refile. It would only cost you a refiling fee and a couple weeks time.

Your other option is to wait and see...which could take several months.