Do I have to get a divorce certificate before I get married to a US citizen?

Asked over 1 year ago - New York, NY

I have been married for a short time in my country, my ex husband and I are separated more than a year. since october 2011 I'm in the US on a B2 visa and am planning to marry my boyfriend who is a US citizen. my question is do I have to get a divorce first before we marry? when i applied for a visa I gave my marriage and birth certificates. does the us embassy save those informations, can the uscis have access to my file if they ask my visa number? please answer me I'm confused. thank you very much for your time and help.

Attorney answers (6)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    18

    Lawyers agree

    1

    Answered . Yes, you must get divorced before you get remarried.

    Please click the link below for additional information.

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    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Marc Damien Sean Taylor

    Pro

    Contributor Level 16

    7

    Lawyers agree

    Answered . Not sure what you are exactly confused about. You MUST be divorced before you can marry.


    1. It would be considered bigamy, since you would be married to more than one person.
    2. Your second marriage would be voidable (you would not be considered legally married).
    3. If you entered the US, with the intent to marry your boyfriend, then your entry would be deemed fraudulent.

    Law Office of Marc Taylor, Esq. PC, www.usavisanow.com, 888-645-6272, info@usavisanow.com , 224 W. 4th Street,... more
  3. Alice Antonovsky

    Contributor Level 14

    4

    Lawyers agree

    Answered . I agree with my colleagues. You need to first be divorced before you get remarried. Also, when you submit documents to immigration, you will need to provide copies of all your divorce decrees.

    The answers offered here are purely informational and do not create an attorney-client relationship. For more... more
  4. Raymond Gabriel Lahoud

    Contributor Level 10

    2

    Lawyers agree

    Answered . Yes - you must secure any said documents. If you are not divorced yet, obviously, you cannot marry until that first divorce is complete. Then, you marry and proceed through the adjustment of status process. If you have no convictions or other issues that would prevent the approval of your adjustment of status application, then, you should be okay. I would still consult with an immigration attorney.

    The materials provide here are given for informational use only, and are in no way intended to constitute legal... more
  5. Toria Lynn Dixon

    Contributor Level 4

    1

    Lawyer agrees

    Answered . You absolutely must get a divorce before you get married here. Although you were married in another country, that marriage is recognized as a valid marriage here in the U.S. Anything that is submitted to immigration officials remains a part of your file, thus in moving forward with your green card, the officer will know of your marriage, there is no hiding this. A copy of the divorce decree and your original divorce decree will be requested during the immigration process.

  6. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . To be able to remarry, you must obtain a divorce first.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more

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