Legal Question in Immigration Law in Illinois

In 2002 I have married US citizen and filled documents for Green Card, but didn't waited for interview and in 2004 left US. In the end of 2005 I contacted US wife and asked her to register divorce, after few months she told me, that our divorce is registered. In 2006 I have married another girl in Europe and till Today we live together and rise children in Europe. Few days ago we find out, that my wife has won in DV-2014 and we want to go to live in US, I have checked, that I need original document about first divorce. I contacted my ex-wife in US and she admitted, that she did not registered our divorce in 2005 and she herself in 2009 married another guy. She agrees to register divorce, but want, that her husband didn't find this out. How to solve this problem?

1. We both have two spouses and I live outside US (how to cancel first marriage?)

2. Is there possibility to receive Green card for me under DV-2014?


Asked on 5/06/13, 1:44 am

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

Although this is a Family Law question, your wife would have needed to obtain a final judgement for your divorce. If your divorce was never finalized by the family law court, then you are still legally married to wife #1, meaning your marriage to wife #2 is invalid.

For immigration purposes, if wife #2 was chosen for the DV lottery, and if she listed you as her spouse on the DV form, then her immigrant visa will probably be denied (unless you can prove that your marriage is valid). Again, assuming your divorce to wife #1 was not finalized, you will not be eligible to obtain U.S. LPR through wife #2, since marriage #2 is not valid.

You need a Family Law Attorney in the state that has jurisdiction over the 1st marriage to try to work out this mess. Never rely on an estranged spouse to get a divorce taken care of! In most states, unless you get a "default" judgement, both spouses need to sign forms, etc. I don't know what wife #1 told you she did, but I doubt she did it correctly if she did not have an attorney!

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Answered on 5/06/13, 8:21 am


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