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A US citizen lived aboard with two wifes. Needs to claim one marriage since the first marriage was to a first cousin.

Farmington, MI |
Filed under: Immigration

A US citizen who lived aboard and got married twice. The first wife is his first cousin then he got married again without getting divorce to his first wife.

After moving back to the U.S. he wants to file a petition to his second wife. Now we know Polygamy is not accepted in the state of Michigan, so the question is which marriage is legally accepted the first, the second or neither one of them?

The purpose of the question is because he wants to file a petition to his second wife and to all his children from both marriages - his first wife has no intention to come- . If the first marriage is not accepted and the second one is accepted then everything should simply work and he can mention in the I-30 that he got married twice and all problem solved ?

Attorney Answers 3

Posted

According to U.S. immigration law, the second marriage will not be recognized at all. The person would need to get an official, legal divorce from his first wife. Then, once that divorce has become final, the person would need to legally marry the woman who wants to immigrate to the United States.

I suggest that you consult with an immigration attorney about the case.

(734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of Michael Carlin PLLC or any individual member of the office. Confidential information should not be sent through this form.

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3 comments

Asker

Posted

Thanks Mr. Carlin for your answer, but why he should get a divorce from his first wife if the marriage itself was illegal according to the state Law.

Michael Hugh Carlin

Michael Hugh Carlin

Posted

If the first marriage was legal in the place where the marriage took place, then US immigration officials will recognize it as legal.

Asker

Posted

Yes it was legal the place which mean the second one is not recognized at all. Regarding his children from both marriages , can he apply for all of them regardless his current marriage status, if yes, should he only state the first marriage on his application ?

Posted

Mr. Carlin is correct.

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Posted

I agree with Mr. Carlin, the second marriage will not be recognized because the first marriage was not terminated prior to the second marriage taking place.

This is general information and not legal advise. This communication does not create a lawyer-client relationship.

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