Legal Question in Immigration Law in New York

marriage and immigration

My fiancee, who's lived for years in the US illegally, and I are wanting to get married ASAP not only to legalize her residency in the US, but because we're in love and want to have a family.

The problem is I'm awaiting a final divorce decree from another country. This could take up to a year. What would happen if we were to go ahead and get married in the US? I've signed the divorce papers in the other country; it's only the slowness of the processing time for the state to finalize it.

Would I be legally at risk? What are the penalties, if any, for this type of bigamy?

My real concern is her legal status wouldn't really be legal, would it? What could happen to her if there were a problem?

Could we get married now, and then annul the marriage, or somehow make it ''right'' once the government of the other country puts their stamp on my other marriage?

I'm worried for our lives together that her residency would be at risk, and I don't want that to happen. She could be deported at any moment regardless if she had her residency, since the basis of her residency wouldn't be ''kosher.'' Am I correct?

Please help. Am I just being paranoid here?


Asked on 10/09/07, 7:12 pm

1 Answer from Attorneys
Patrick Klauss Berd & Klauss, PLLC

Re: marriage and immigration

You are not being paranoid. Not only are you jeapordizing the future immigration status of your fiancee by risking an allegation of fraud from the USCIS, but also your second marriage prior to obtaining a legal divorce would result in the new marriage being void at it's inception.

You should wait for the divorce to become finalized before getting remarried.

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Answered on 10/10/07, 10:21 am


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