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.
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Yes, you must get divorced before you get remarried.
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Carl Shusterman, Esq.
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(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
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 construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
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.
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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.
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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.