Legal Question in Immigration Law in Florida

I am wanting to get a visa for my husband to come to America with me. We are living in a country where a man is allowed more than one wife. He was previously married and he never got a divorce from her before we married. They are not living together and don't even have any contact, but he didn't want to put her through the pain of a divorce. I know I can't get him a visa while he is married to another. Do he and I need to get a divorce and let him divorce her and then we get remarried or what do we do? Is it totally hopeless that he will be able to come back to America with me?


Asked on 5/15/10, 4:43 am

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

The United States would not allow him to marry another woman while he is still legally married to his first wife. This is considered a crime of bigamy.

On the other hand, no fiance or spousal visa can be issued to him if he is still legally married to his first wife, and you (a second wife or a fiancee) petition for him. He will have to show the embassy that he has a final order of divorce.

Yes, a man has to be divorced before remarrying a woman in the USA.

I offer telephone and email confidential legal consultations and assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally. If you�d like to schedule a telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you.

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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 would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

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Answered on 5/20/10, 6:21 am


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