Legal Question in Immigration Law in Florida

Still married in Ecuador, want to get married here again.

I got married 6 years ago in Ecuador. The two of us came here as tourists and stayed 5 years ago, one year after that we split and we don't see each other since then. I want to get married again here with a US Citizen but I don't know if the marriage in Ecuador is valid here. Do I need to get a divorce first?, Neither of us is going back there to do that. Do I put in the marriage license ''never married'' as I have never been married here?


Asked on 12/07/07, 2:26 pm

2 Answers from Attorneys

Michael Cho Law Offices of Michael Cho

Re: Still married in Ecuador, want to get married here again.

You'll need to get divorced in the U.S. before you can re-marry and file for your lawful permanent residency through marriage to a U.S. citizen.

More information can be found here:

http://msclaw.com/index.php?page=What_are_the_lega_requirementsGC

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Answered on 12/07/07, 2:29 pm
Margaret Ioannides Law Office of Margaret Ioannides

Re: Still married in Ecuador, want to get married here again.

You will need to get divorced before you re-marry in the USA and also before you attempt to pursue green card sponsorship by your new US citizen spouse. You will have to disclose your prior marriage not only on the marriage license but also on your green card application. USCIS typically asks for date of any prior marriage(s), name of prior spouse, date of divorce, place of divorce, etc. You will also need to present to USCIS documentation to prove you were previously married and divorced.

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Answered on 12/11/07, 1:02 pm


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