Legal Question in Immigration Law in Florida

I am a US citizen and want to marry a woman from the Philippines.. She has been separated (No annulment) for 6 years.

Is it possible for her while here in the US, to get a divorce... and then marry me legally so that she can get a permanent citizenship.

***Details - The marriage would be for love, not for immigration purposes.

I am trying to avoid the expensive costs of an annulment.


Asked on 3/28/10, 8:18 pm

1 Answer from Attorneys

Luba Smal Smal Immigration Law Office

I think, I've answered your question on my forum today.

She must obtain an annulment first. Only then, can you file a fiancee visa and bring her to USA. Or marry her in Philippines, and bring her on a spousal or immigrant visa.

Yes, if she were to live in USA, she might be able to obtain divorce here. However, it not very likely that she can come on some other type of visa, such as a tourist visa from Philippines. I've seen similar situations in the past, and agree that it can be a challenge to get an annulment of marriage in Philippines.

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Answered on 4/02/10, 8:30 pm


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