Legal Question in Immigration Law in Michigan

Immigration Marriage

My fiance came to the U.S. on a marriage visa 5 years ago. Her husband abandoned her and moved to nevada. He is remarried but I can't contact him to find out if he got a divorce. I want to marry this girl but I can't until I prove her other marriage ended (the date). The trick is that they were married in the Phillippines. He is her sponsor but is remarried with a kid. He hasn't paid her support. He hasn't left any contact information, and she isn't wealthy so she can't afford thousands of dollars in fees to find this guy. We don't want to get him in trouble, we just want to know what our next steps would be. Should we sue him? can we apply for a license because she was married in a different country, even though her green card has a married sponsorship? so confusing.


Asked on 5/20/09, 2:18 pm

1 Answer from Attorneys
Daniel Hanlon Hanlon Law Group, P.C.

Re: Immigration Marriage

Dear Inquirer:

You cannot marry until she is "single," which means not a party to any subsisting marriage. You may wish to search the court indices to see if a divorce judgment was entered in the Michigan courts. He may not have obtained a divorce, even though you believe he is "remarried."

If you cannot locate him to serve with divorce papers, you may use service by publication to obtain a divorce judgment.

I recommend that you email [email protected] or visit www.hanlonlawgroup.com if you would like to schedule an appointment for a confidential consultation to discuss this matter further.

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Answered on 5/23/09, 2:37 pm


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