KasAla

Up to 90 from application. Currently its about 60 days.

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.

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.

Better opportunities for wifey in her home country but we decided better opportunities for BOTH here, which I believe is what marriage is all about anyways.

We have left open the option for going back sometime in the future, but no immeadiate plans. I would like to retire in her home country (Brazil).

I couldn't have said it better!

If the economy goes even further in to recesion, we are moving to Europe. My parents will get me a job and she can teach english. We allready taked about

Thanks for replying! It's great to know that I'm able to stay until my I 94 is up. I plan on returning a bit before though, probably in June just to be on the safe side. But I'm guessing that I won't be able to return to the U.S. until after my interview. I'm thinking about talking to the Embassy in Belize and asking them if i can still travel back and forth while waiting for the interview date. I would never over stay my time because I know it would make the process more difficult.

Thanks for your help!

NamZab

Your husband can file for I-130 and after it is approved you can go back and get a CR1 from you local US embassy. Your are not required to file for K3. Also, you can do AOS in the US before you decide for AOS you should read BIA decision on MATTER OF CAVAZOS which states

BIA

The finding of preconceived intent was the only negative factor cited by the immigration judge in denying the respondent's adjustment application and no additional adverse matters are apparent in the record. A significant equity is presented by the respondent's United States citizen wife and child. We conclude that a grant of adjustment of status is warranted in this case and will accordingly sustain the appeal and remand the record to the immigration judge for further processing of the application for adjustment of status filed by the respondent and for the entry of an order not inconsistent with this opinion. In light of our holding, we need not reach the alternative arguments advanced by the respondent on appeal.

She could enter the USA on a visitor's visa, and in some cases you can get one that is valid longer than 6 months a valid reason for such a long stay may be needed. Keep in mind being a visitor she cannot work.

The stay can also be extended while in the USA.

MORE: http://travel.state.gov/visa/temp/types/types_1262.html#13

Thanks for the reply. :-)

Well, I know she will automatically get the 3 month tourist visa....and I think with some paperwork we can extend that by 6 months once she is here? It is OK if she doesn't work since I will support her...I want her to pursue her interests of photography and art which she is in America, so that doesn't reuire any type of work.

I was reading on some forums here about cases where someone on a tourist visa comes to America without solid intent on marriage, ends up getting married for whatever reason and applies for green card /spouse visa without having to leave the States. Is this true? From what I could tell people frowned upon "bypassing" the system by going with intent to marry but if we are not going with intent to marry, just to take care of my family, but happen to end up decided marriage is best....is that still bad or considered illegal?

Thanks again!

Japan is a part of VWP which will give her 90 days with no visa. She will be unable to extend that for another 90 while she is in US. She will have to apply for B2 visa, which it will allow her to stay in US for 6 months. After six months, she can apply for extension for another 6 months with a valid reason. Also, if after couple of months you guys decide you would like to stay in US permanently, you can apply for the adjustment of B2 to permanent residency, if not you can depart to Japan. Her B2 visa will be I think valid for 10 years with multiple entries each for 6 months.

You have to rely on yourself to get the truth.

Welcome to America.

Doesn't matter if the I-94 expires as long as you married in the 90 days. Some people have waited a couple years before applying for AOS. They had AP ans EAD tho.

He is here on the VWP, so I am not sure the 90 days you are talking about still applies, though I remember reading somewhere that it does.

I have the X-Ray report stating that his chest appear to be clear. I will take the advice of seeing a different civil surgeon. I have appointment in line for the 3rd of February with a civil surgeon in Portland Maine. I think I might have his PCP write a letter stating that he doesn't have TB ( due to the BCG vaccine he received as a child, it's a false positive ). I also set up an apt with a Pulmonary Specialist at the hospital on the 11th of February in case the CS in Maine asks us to see this type of doctor... I am mostly freaking out ( and ####### ) about filing before his visa expires on the 26th of Feb. I really dont want to wait after that... And wow! All of these tests/exams are not cheap!!!!

CDC does not recognize BCG vaccine and it treats every reaction that is bigger than 10 mm as latent infection (5mm for at risk groups) While CS are not trained in TB they will refer you to specialist. How big vas his TST?

The positive sign is quite common specially for folks who may have taken the Vaccine as a child. What they will do is take Chest X-Ray to confirm it's a Fake Positive then you are set.

A person can show a clear CXR and still have TB. They have to do a sputum test to make sure they are not positive.

That is very uncomon and the X-ray to show that there is not acive TB is enough if a persons X- ray shows signs of TB than the sputum culture is required

One suggestion which others may not like is to send your pack in with what you have now and get the appointment when possible and have the report ready for the RFE. I know some people do this when adjusting from K1's dunno how it would work in your situation.

What happens if I cannot find any doctor to help me?!!?!?! I spent the whole freakin day on the phone calling people in Mass, in Maine and in NH and no one has ever heard of having this clearance done when the chest xray report says "NO Pulmonary disease process is recognized" !!!! What am I supposed to do? I am on the edge of a nervous breakdown here cause no one wants to help me!!!

His visa expires on the 26th of February and I want this taken care of! It would be absurd to take medication if he doesnt have TB! If he does have TB * wich I doubt he does * what does this do to the AOS process??

Please someone help me here....................

You can read this website

http://www.cdc.gov/ncidod/dq/civil.htm

I think that he should have called to the local county health departmnt and have you refered. Look in your county for health department they can help.

Hello everyone!

I am new here and I have a question!!

I am brazilian and I also have italian citizenship.

Do I need to give up in one when I get married??

Thanks a lot

(L)mrspimpinha

No, and even if you apply for a US citizenship after 3 years of being permanent resident. US laws will let you have 3 citizenships. I am not sure about brazilian you need to ask in Brazil. Italian its ok.

You guys can apply for the green card there should not bee any problem. About intenet you can read this BIA ruling.

Matter of Cavazos, 17 I. & N. Dec. 215 (BIA 1980)

According to Matter of Cavazos, in the absence of other adverse factors, an application for adjustment of status as an immediate relative should generally be granted in the exercise of discretion notwithstanding the fact that the applicant entered the United States as a nonimmigrant with a preconceived intention to remain.

This topic has been debated and litigated. This is straight out of the court.

Matter of Cavazos, 17 I. & N. Dec. 215 (BIA 1980)

According to Matter of Cavazos, in the absence of other adverse factors, an application for adjustment of status as an immediate relative should generally be granted in the exercise of discretion notwithstanding the fact that the applicant entered the United States as a nonimmigrant with a preconceived intention to remain.

Also, there have been cases that the USCIS did not use the BIA rule and denied the application on the bases of the preconceived intent. In that case, the application was prolong and much more expensive.