Legal Question in Immigration Law in Florida

Hello, I am going through divorce. My husband is a U.S. citizen, but I became legal because he applied for my papers. When I got married with him in the USA, my marriage in Brazil was going through divorce. One year after my marriage was approved I was already married with my American husband, and I was signing my single name. I have a court document proving that my single name was getting signed by me while I was married with him. Now that I am going through divorce he is threatening to deport me back to Brazil, and he says that our marriage was illegal. Does he have the authority to do this in anyway? I have a daughter with him.


Asked on 11/23/10, 1:06 pm

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

In the USA, you can legally get married (remarried) only after getting a final divorce decree from your previous marriage. If you were merely in the process of getting divorced while married in the USA to your second husband, then your second marriage could be declared not valid. As a result, you can lose any immigration benefits obtained as a result of invalid marriage. It's largely irrelevant what name you signed as long as you were married to your first husband and not yet divorced. I suggest you consult an experienced immigration attorney.

Only the Immigration Judge can make a decision to deport you. However, it appears that your husband might have a point if your marriage is invalid.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you want to schedule a legal consultation, I would be happy to help you. You can email me at [email protected] or complete an Info Form with a consultation request at https://lawvisausa.powweb.com/info_form.html . For more information visit http://www.law-visa-usa.com/contact_us.html

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Answered on 11/28/10, 1:45 pm


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