Legal Question in Immigration Law in Maryland

Does having a civil marriage with an American cancel my Islamic marriage ?
My marriage is an Islamic one and it was overseas. He refused to divorce me many times. I'm not Muslim so I didn't care about that at the time. We are separated but not legally. I have an american boyfriend now, so we want to get married. Is it legal to do that? We want a civil marriage off course. And if I wanted to apply for a permanent residency after that. Will my first marriage jeopardized that, or it will be canceled ( my first marriage I mean). What about my kids from my first marriage? Will they stay here or what? I'm legally here and my kids. I know that in order to have a residency there are many factors to conceded, but I don't want my first marriage to be in the way to have that.

Asked on 8/22/14, 9:22 am

2 Answers from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

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If your first marriage was legal in the country you were married in, then the U.S. will not honor a subsequent marriage until you are legally divorced.

I would not recommend ever taking your kids to that country, because men have all the rights in many countries & you could get them taken away from you. I also would never recommend to a woman to travel to certain countries in order to obtain a divorce.

This sounds like a bit of a precarious situation. I am more concerned for you & your children & the Family Law aspects of your predicament than the Immigration ones right now. You may want to speak with a Family Law attorney in the State you are living in, to see if there is any way to file for divorce in the U.S.

Answered on 8/22/14, 11:08 am

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